SCHEDULES

Valid from 06/04/2006

SCHEDULE 2E+WProcedure and appeals relating to prohibition orders

Part 3 E+WAppeals relating to prohibition orders

The operative time” for the purposes of section 24(5)E+W

14(1)This paragraph defines “the operative time” for the purposes of section 24(5) (operation of prohibition orders).

(2)If an appeal is made under paragraph 7 against a prohibition order which is not suspended, and a decision on the appeal is given which confirms the order, “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 order.

(3)If an appeal is made under paragraph 7 against a prohibition order which is suspended, and a decision is given on the appeal which confirms the order, “the operative time” is as follows—

(a)the time that would be the operative time under sub-paragraph (2) if the order 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 order are to a decision which confirms it with or without variation.

Commencement Information

I1Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)