SCHEDULES

SCHEDULE 1Procedure and appeals relating to improvement notices

Part 3Appeals relating to improvement notices

The operative time” for the purposes of section 16(7)

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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).

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 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 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.