SCHEDULES

SCHEDULE 6E+WManagement orders: procedure and appeals

Part 3E+WAppeals against decisions relating to management orders

“The operative time” for the purposes of section 114(2)E+W

27(1)This paragraph defines “the operative time” for the purposes of section 114(2).E+W

(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.