19(1)This paragraph defines “the operative time” for the purposes of section 15(5) (operation of improvement notices).E+W
(2)If an appeal is made under paragraph 10 against an improvement notice which is not suspended, and a decision on the appeal is given which confirms the notice, “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 [F1Upper Tribunal] is brought, “the operative time”is the time when a decision is given on the appeal which confirms the notice.
(3)If an appeal is made under paragraph 10 against an improvement notice which is suspended, and a decision is given on the appeal which confirms the notice, “the operative time”is as follows—
(a)the time that would be the operative time under sub-paragraph (2) if the notice 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 notice are to a decision which confirms it with or without variation.
Textual Amendments
F1 Words in Sch. 1 para. 19(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. 278 (with Sch. 5 )
Commencement Information
I1 Sch. 1 wholly in force at 16.6.2006; Sch. 1 not in force at Royal Assent see s. 270(4)(5); Sch. 1 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 1 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. )