Schedule 7: Special Measures Paragraph 14: Variation or discharge of special measures order Background
In widening the powers of the First-tier Tribunal to make a special measures order and appoint a Special Measures Manager, there must also be complementary powers which enables the First-tier Tribunal to vary and discharge the special measures order made under paragraph 4.
Example
An Accountable Person applies to the First-tier Tribunal to discharge the special measures order placed upon its building because it feels that the fire and structural risks are now managed adequately, and the residents would no longer be at risk. An assessment from the Building Safety Regulator is submitted which shows improvements and that the Regulator is of the opinion that the contraventions will not reoccur, and the Accountable Person cooperated in the operation of the special measures order. The First-tier Tribunal discharges the order because the application for discharge is one that is made with consent of the Building Safety Regulator, the Accountable Persons for the building and the Special Measures Manager for the building. In discharging the order, the First-tier Tribunal directs the Special Measures Manager to prepare a reconciliation account and makes a direction for payments to settle accounts between the Accountable Person and Special Measures Manager.