35(1)This paragraph defines “the operative time” for the purposes of—E+W
(a)section 69(6) or 70(8) (variation or revocation of licence under Part 2 of this Act), or
(b)section 92(3) or 93(5) (variation or revocation of licence under Part 3 of this Act).
(2)If the period of 28 days mentioned in paragraph 33(2) has expired without an appeal having been made under paragraph 32, “the operative time”is the end of that period.
(3)If an appeal is made under paragraph 32 within that period and a decision is given on the appeal which confirms the variation or revocation, “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 variation or revocation.
(4)For the purposes of sub-paragraph (3)—
(a)the withdrawal of an appeal has the same effect as a decision confirming the variation or revocation appealed against; and
(b)references to a decision which confirms a variation are to a decision which confirms it with or without variation.
Textual Amendments
F1 Words in Sch. 5 para. 35(3)(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. 281 (with Sch. 5 )
Commencement Information
I1 Sch. 5 wholly in force at 16.6.2006; Sch. 5 not in force at Royal Assent see s. 270(4)(5); Sch. 5 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 5 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. )