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Change 1
As published
91 Construction of references to conclusion of proceedings.
(1) Where proceedings for an offence to which section 79 above applies or for the forfeiture of any apparatus under Schedule 7 to the Communications Act 2003 have been terminated by any decision of a description against which an appeal will lie (whether by way of case stated or otherwise and whether with or without leave), those proceedings shall not be regarded as concluded for the purposes of section 83(1)(b) above—
(a) until the end of the ordinary time for appeal against that decision, if no appeal proceedings in respect of it are brought within that time; or
(b) if any such proceedings are so brought, until the conclusion of the appeal proceedings.
(2) Subsection (1) above shall apply for determining, for the purposes of paragraph (b) of that subsection . . . , when any appeal proceedings are concluded as it applies for determining when original proceedings . . . are concluded.
(3) References in subsection (1) above, as it applies in relation to any proceedings, to a decision terminating those proceedings, include references to any verdict, sentence, finding or order which puts an end to those proceedings.
(4) References in this section . . . to appeal proceedings include references to an application for leave to appeal.
Your change, as a redline
91 Construction of references to conclusion of proceedings.
(1) Where proceedings for an offence to which section 79 above applies or for the forfeiture of any apparatus under Schedule 7 to the Communications Act 2003 have been terminated by any decision of a description against which an appeal will lie (whether by way of case stated or otherwise and whether with or without leave), those proceedings shall not be regarded as concluded for the purposes of section 83(1)(b) above—
(a) until the end of the ordinary time for appeal against that decision, if no appeal proceedings in respect of it are brought within that time; or
(b) if any such proceedings are so brought, until the conclusion of the appeal proceedings.
(2) Subsection (1) above shall apply for determining, for the purposes of paragraph (b) of that subsection . . . , when any appeal proceedings are concluded as it applies for determining when original proceedings . . . are concluded.
(3) References in subsection (1) above, as it applies in relation to any proceedings, to a decision terminating those proceedings, include references to any verdict, sentence, finding or order which puts an end to those proceedings.
(4) References in this section . . . to appeal proceedings include references to an application for leave to appeal.
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