SCHEDULES
SCHEDULE 2Procedure and appeals relating to prohibition orders
C1Part 3Appeals relating to prohibition orders
“The operative time” for the purposes of section 24(5)
I114
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 F1Upper 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.
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. )