SCHEDULES
SCHEDULE 6Management orders: procedure and appeals
Part 3Appeals against decisions relating to management orders
“The operative time” for the purposes of section 111(2), 112(2), 121(2) or 122(2)
I131
1
This paragraph defines “the operative time” for the purposes of—
a
section 111(2) or 112(2) (variation or revocation of interim management order), or
b
section 121(2) or 122(2) (variation or revocation of final management order).
2
If no appeal is made under paragraph 28 before the end of the period of 28 days mentioned in paragraph 29(2), “the operative time”is the end of that period.
3
If an appeal is made under paragraph 28 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 which confirms 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.