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Change 1
As published
123 Remediation orders
(1) The Secretary of State may by regulations make provision for and in connection with remediation orders.
(2) A “remediation order” is an order, made by the First-tier Tribunal on the application of an interested person, requiring a relevant landlord to do one or both of the following by a specified time—
(a) remedy specified relevant defects in a specified relevant building;
(b) take specified relevant steps in relation to a specified relevant defect in a specified relevant building.
(3) In this section “relevant landlord”, in relation to a relevant defect in a relevant building, means a landlord under a lease of the building or any part of it who is required, under the lease or by virtue of an enactment, to repair or maintain anything relating to the relevant defect.
(4) In subsection (3) the reference to a landlord under a lease includes any person who is party to the lease otherwise than as landlord or tenant.
(5) In this section “interested person”, in relation to a relevant building, means—
(a) the regulator (as defined by section 2),
(b) a local authority (as defined by section 30) for the area in which the relevant building is situated,
(c) a fire and rescue authority (as defined by section 30) for the area in which the relevant building is situated,
(d) a person with a legal or equitable interest in the relevant building or any part of it, or
(e) any other person prescribed by the regulations.
(6) In this section—
“relevant building”: see section 117;
“relevant defect”: see section 120;
“relevant steps”: see section 120;
“specified” means specified in the order.
(7) A decision of the First-tier Tribunal or Upper Tribunal made under or in connection with this section (other than one ordering the payment of a sum) is enforceable with the permission of the county court in the same way as an order of that court.
(8) In proceedings for a remediation order, a direction given by the First-tier Tribunal requiring a relevant landlord to provide or produce an expert report is to be regarded as a decision for the purposes of subsection (7).
(9) In subsection (8), “expert report” means an expert report or survey relating to—
(a) relevant defects, or potential relevant defects, in a relevant building;
(b) relevant steps taken or that might be taken in relation to a relevant defect in a relevant building.
Your change, as a redline
123 Remediation orders
(1) The Secretary of State may by regulations make provision for and in connection with remediation orders.
(2) A “remediation order” is an order, made by the First-tier Tribunal on the application of an interested person, requiring a relevant landlord to do one or both of the following by a specified time—
(a) remedy specified relevant defects in a specified relevant building;
(b) take specified relevant steps in relation to a specified relevant defect in a specified relevant building.
(3) In this section “relevant landlord”, in relation to a relevant defect in a relevant building, means a landlord under a lease of the building or any part of it who is required, under the lease or by virtue of an enactment, to repair or maintain anything relating to the relevant defect.
(4) In subsection (3) the reference to a landlord under a lease includes any person who is party to the lease otherwise than as landlord or tenant.
(5) In this section “interested person”, in relation to a relevant building, means—
(a) the regulator (as defined by section 2),
(b) a local authority (as defined by section 30) for the area in which the relevant building is situated,
(c) a fire and rescue authority (as defined by section 30) for the area in which the relevant building is situated,
(d) a person with a legal or equitable interest in the relevant building or any part of it, or
(e) any other person prescribed by the regulations.
(6) In this section—
“relevant building”: see section 117;
“relevant defect”: see section 120;
“relevant steps”: see section 120;
“specified” means specified in the order.
(7) A decision of the First-tier Tribunal or Upper Tribunal made under or in connection with this section (other than one ordering the payment of a sum) is enforceable with the permission of the county court in the same way as an order of that court.
(8) In proceedings for a remediation order, a direction given by the First-tier Tribunal requiring a relevant landlord to provide or produce an expert report is to be regarded as a decision for the purposes of subsection (7).
(9) In subsection (8), “expert report” means an expert report or survey relating to—
(a) relevant defects, or potential relevant defects, in a relevant building;
(b) relevant steps taken or that might be taken in relation to a relevant defect in a relevant building.
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