OpenLegislation

Paragraph 14 I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph defines “the operative time” for the purposes of section 24(5) (operation of prohibition orders).

(2)

If an appeal is made under paragraph 7 against a prohibition order which is not suspended, and a decision on the appeal is given which confirms the order, “the operative time” is as follows—

(a)

if the period within which an appeal to the F1Upper Tribunal may be brought expires without such an appeal having been brought, “the operative time” is the end of that period;

(b)

if an appeal to the Upper Tribunal is brought, “the operative time” is the time when a decision is given on the appeal which confirms the order.

(3)

If an appeal is made under paragraph 7 against a prohibition order which is suspended, and a decision is given on the appeal which confirms the order, “the operative time” is as follows—

(a)

the time that would be the operative time under sub-paragraph (2) if the order were not suspended, or

(b)

if later, the time when the suspension ends.

(4)

For the purposes of sub-paragraph (2) or (3)—

(a)

the withdrawal of an appeal has the same effect as a decision which confirms the notice, and

(b)

references to a decision which confirms the order are to a decision which confirms it with or without variation.

Annotations

Textual amendments

F1

Words in Sch. 2 para. 14(2)(a)(b) substituted (1.6.2009) by Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307) , art. 5(1)(2) , Sch. 1 para. 279 (with Sch. 5 )

Commencement

I1

Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. )

Notes on Part 3

Modifications

C1

Sch. 2 Pt. 3 applied by Housing Act 1985 (c. 68) , s. 300(5)(b) (as substituted (6.4.2006 (E.) and 16.6.2006 (W.)) by Housing Act 2004 (c. 34) , ss. 265(1) , 270(4)(5)(f) , Sch. 15 para. 20 ); S.I. 2006/1060 , art. 2(1)(d) (with Sch. ); S.I. 2006/1535 , art. 2(b) (with Sch. )