Schedule 7: Special Measures Paragraph 14: Variation or discharge of special measures order Effect
Paragraph 14 gives power to a First-tier Tribunal to vary or discharge a special measures order made under paragraph 4 following an application by the Building Safety Regulator, an Accountable Person for the building or Special Measures Manager for the building.
	Paragraph 14(2) specifies that the Tribunal may vary an order to change the identity of the Special Measures Manager only on application from the Building Safety Regulator. This does not apply where the Building Safety Regulator, an Accountable Person for the building or Special Measures Manager for the building all agree to the proposed change of Special Measures Manager.
	Paragraph 14(3) sets out factors that the Tribunal must consider before deciding whether to vary or discharge the order. Namely, whether in doing so there is a likelihood of re-occurrence of the circumstances which led to the special measures order in the first place; and whether it is just and convenient in all the circumstance to vary or discharge the order. The Tribunal does not have to consider the matters in Paragraph 14 (3) where the Building Safety Regulator, an Accountable Person for the building or Special Measures Manager for the building all agree to the proposed change.
	Paragraph 14(5) provides that where a Special Measures Manager lacks the capacity to agree to any application under this paragraph, that manager’s agreement is not necessary in order to rely on the provisions in paragraph 14(4).
	Paragraph 14(6) provides that where a special measures order is varied or discharged, the Tribunal may give directions to any person with respect any matter relating to the variation or discharge, and any incidental or ancillary matter.
	Paragraph 14(7) outlines that when a special measures order comes to an end the tribunal must direct a Special Measures Manager to prepare a reconciliation account and give a copy of the reconciliation account to the regulator and to each Accountable Person for the building.
	Paragraph 14(8) specifies that a tribunal is able to direct a final payment by the Accountable Person or the Special Measures Manger at the time the order is discharged or at any point after that. This is to ensure that any monies owing to either part is paid across to the other. And if this payment is not made, either party has the ability to purse for payment through the Tribunal, pursuant to that order.
	Paragraph 14(9) sets out the definition of "reconciliation account". Sub-paragraph (9)(a) defines it as being a document which details all receipts and expenses in connection to with the Special Measures Managers exercise of functions and details all credits and debits in respect of a "relevant account". The document should also include a statement which provides explanations for any differences.
	Sub-paragraph (9)(b) provides a definition of a "relevant account" as an account used by the Special Measures Manager to receive payments from the Accountable Persons and to hold amounts received from the commonhold building safety assessments.
	Sub-paragraph (10) clarifies that the meaning of "Special Measures Manager" for the purposes of this paragraph is wider than for the schedule, as it also includes a manager who was appointed immediately prior to the discharge of a special measures order.