Part 5: Other provisions about safety standards, etc. Remediation of Certain defects Section 123 – Remediation orders Effect
This section makes provision about remediation orders. Subsection (1) provides a power for the Secretary of State to make regulations for and in connection with remediation orders. Subsections (2) to (7) make further provision about remediation orders.
	Subsection (2) sets out that a remediation order is made by the First-tier Tribunal. A remediation order can be made by the Tribunal on the application of an interest person (defined in subsection (5)). A remediation order can require a landlord to remedy specified relevant defects in a specified time (the meaning of "specified" is set out at subsection (6)). This means that the Tribunal can order a landlord to undertake certain work to remediate their building within a specified timeframe.
	Subsections (3) and (4) define a "relevant landlord" against which the Tribunal may make a remediation order. "Relevant landlord" means a landlord who has an obligation to repair or maintain the building and subsection (4) sets out that the term includes, for the purposes of this section, persons who are party to the lease even if they are not a landlord or tenant. This means that remediation orders can be made against management companies with repairing obligations, as well as against freeholders and superior landlords such as head lessees with repairing obligations.
	Subsection (5) provides a definition of "interested person" meaning the persons who are eligible to apply for to the First-tier Tribunal for a remediation order against a relevant landlord. These persons are the Building Safety Regulator, the local authority for the area in which the building is located, the fire and rescue authority for the area in which the building is located, and any person with a legal or equitable interest in the building or any part of it. A person with a legal or equitable interest in the building will include, for example, leaseholders of flats within the building, as well as the freeholder and other relevant landlords for the building. Subsection (5)(e) provides that the list of interested persons may be expanded through regulations made by the Secretary of State.
	Subsection (6) provides that "specified" means specified in the order, which means that the First-tier Tribunal can determine, for example, to whom a remediation order applies, to which relevant defects it applies, and the period in which defects need to be remediated.
	Subsection (7) ensures that decisions made by the First-tier Tribunal in connection with remediation orders are enforceable. It means that any decision of the First-tier or Upper Tribunal under or in connection with a remediation order, other than a decision ordering the payment of a sum, will be enforceable with the permission of the county court in the same way as orders of the county court. The general position is that the Tribunal does not have enforcement powers of its own, other than powers to enforce payment for a sum of money. As such, where it is necessary to have powers to enforce other decisions of the Tribunal, it is usual to insert a provision in legislation to enable the county court to enforce those decisions.