SCHEDULES
SCHEDULE 6Management orders: procedure and appeals
Part 3Appeals against decisions relating to management orders
“The operative time” for the purposes of section 114(2)
I127
1
This paragraph defines “the operative time” for the purposes of section 114(2).
2
If no appeal is made under paragraph 24 before the end of the period of 28 days mentioned in paragraph 25(2), “the operative time”is the end of that period.
3
If an appeal is made under paragraph 24 before the end of that period, and a decision is given on the appeal which confirms the order, “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 order.
4
For the purposes of sub-paragraph (3)—
a
the withdrawal of an appeal has the same effect as a decision which confirms the order, and
b
references to a decision which confirms the order are to a decision which confirms it with or without variation.