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SCHEDULES

SCHEDULE 1Procedure and appeals relating to improvement notices

Part 3Appeals relating to improvement notices

“The operative time” for the purposes of section 15(5)

19(1)This paragraph defines “the operative time” for the purposes of section 15(5) (operation of improvement notices).

(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 Lands 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 Lands 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.