What keeps a disposition effective, and in what situation does a disposition never take effect at all?
General information · Not legal advice
Material to check
In a practice file we read the disposition itself and the paper showing which authority issued it, any proof of service kept in the file, any later cancellation or withdrawal by an institution that has the authority to do so, and any record of a period running out since the provision names the lapse of a period as a way a disposition is extinguished.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the main clause as a presumption of continuing effect: a disposition is treated as valid until either an institution with the authority to do so cancels or withdraws it, or it is extinguished, with the lapse of a period given as an example, so a disposition with a defect in it still operates in the meantime.
Another reading turns to the proviso, which says a void disposition never had effect from the beginning, so there is nothing for such a decision to cancel or for time to wear away; the provision does not say who is to find a disposition void or what makes it void, leaving that for the facts of the file.
Your judgment
What in the file would show whether the disposition at issue stands as effective until revoked, or is void from the outset so that its effect never began?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to set out what makes a disposition void or who may so find, or if a court decision explains how a void disposition is identified in practice.