20(1)This paragraph defines “the operative time” for the purposes of section 16(7) (postponement of time when a variation of an improvement notice comes into force).E+W
(2)If no appeal is made under paragraph 13 before the end of the period of 28 days mentioned in paragraph 14(2), “the operative time”is the end of that period.
(3)If an appeal is made under paragraph 13 before the end of that period and a decision is given on the appeal which confirms the variation, “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.
(4)For the purposes of sub-paragraph (3)—
(a)the withdrawal of an appeal has the same effect as a decision which confirms the variation, and
(b)references to a decision which confirms the variation are to a decision which confirms it with or without variation.
Textual Amendments
F1Words in Sch. 1 para. 20(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. 278 (with Sch. 5)
Commencement Information
I1Sch. 1 wholly in force at 16.6.2006; Sch. 1 not in force at Royal Assent see s. 270(4)(5); Sch. 1 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 1 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)