SCHEDULES

SCHEDULE 7Further provisions regarding empty dwelling management orders

Part 4Appeals

The operative time” for the purposes of paragraphs 6, 7, 15 and 16

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1

This paragraph defines “the operative time” for the purposes of—

a

paragraph 6(2) or 7(3) (variation or revocation of interim EDMO), or

b

paragraph 15(2) or 16(3) (variation or revocation of final EDMO).

2

If no appeal is made under paragraph 30 before the end of the period of 28 days mentioned in paragraph 31(2), “the operative time”is the end of that period.

3

If an appeal is made under paragraph 30 before the end of 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.