SCHEDULES
SCHEDULE 5Licences under Parts 2 and 3: procedure and appeals
Part 3Appeals against licence decisions
35“The operative time” for the purposes of section 69(6), 70(8), 92(3) or 93(5)
1
This paragraph defines “the operative time” for the purposes of—
a
section 69(6) or 70(8) (variation or revocation of licence under Part 2 of this Act), or
b
section 92(3) or 93(5) (variation or revocation of licence under Part 3 of this Act).
2
If the period of 28 days mentioned in paragraph 33(2) has expired without an appeal having been made under paragraph 32, “the operative time” is the end of that period.
3
If an appeal is made under paragraph 32 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 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 or revocation.
4
For the purposes of sub-paragraph (3)—
a
the withdrawal of an appeal has the same effect as a decision confirming 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.