Housing Act 2004

The operative time” for the purposes of section 24(5)E+W

14(1)This paragraph defines “the operative time” for the purposes of section 24(5) (operation of prohibition orders).E+W

(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.

Textual Amendments

Commencement Information

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. )