PART 5ASSET TRANSFER REQUESTS

Appeals and reviews

I191Effect of offers on appeals and reviews

1

Subsection (2) applies where—

a

a community transfer body makes an asset transfer request to a relevant authority,

b

the relevant authority agrees to the request as mentioned in section 85(1)(b), 86(1)(b)(ii), 87(1)(b)(ii) or 88(1)(b),

c

the community transfer body makes an offer as mentioned in section 83(2), and

d

the offer has not been withdrawn.

2

The community transfer body may not—

a

make an appeal under section 85 or 88, or

b

apply for a review under section 86 or 87.

3

Where an offer as mentioned in section 83(2) is made by a community transfer body after the body has made an appeal, or applied for a review, as mentioned in subsection (2), the appeal or (as the case may be) application for review is to be treated as having been withdrawn by the body.

4

A reference in this section to—

a

section 83(2) includes a reference to that section as applied—

i

by section 86(9) and 87(9), and

ii

by virtue of section 89(2),

b

section 85 includes a reference to that section as applied by section 88(3),

c

section 86 includes a reference to that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89.