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Ethical Standards in Public Life etc. (Scotland) Act 2000

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This is the original version (as it was originally enacted).

22Appeals from Commission

This section has no associated Explanatory Notes

(1)A councillor or member of a devolved public body—

(a)who is the subject of a finding under section 18 above of a contravention of the councillors' or, as the case may be, the members' code;

(b)on whom a sanction under section 19(1)(b) to (e), (4) or (5) above has been imposed; or

(c)who has been suspended under section 21(2) above,

may appeal to the sheriff principal of the sheriffdom in which the relevant council or devolved public body has its principal office.

(2)The relevant council or, as the case may be, devolved public body is—

(a)in the case, where—

(i)a finding of a contravention of the councillors' or the members' code has been made under section 18 above;

(ii)a sanction under section 19(1) above has been imposed following such a finding;

(iii)a sanction under section 19(4) or (5) above has been imposed following such a finding,

the council or devolved public body to which the finding relates;

(b)where suspension under section 21(2) above has been imposed, the council or devolved public body from which the councillor or member has been suspended;

(c)where the appeal is in respect of findings which relate to more than one council or devolved public body, any one of those councils or devolved public bodies.

(3)An appeal—

(a)under subsection (1)(a) above may be made on one or more of the following grounds—

(i)that the Commission’s finding was based on an error of law;

(ii)that there has been procedural impropriety in the conduct of any hearing held under section 16(b) above;

(iii)that the Commission has acted unreasonably in the exercise of its discretion;

(iv)that the Commission’s finding was not supported by the facts found to be proved by the Commission;

(b)under subsection (1)(b) above, may be made on one or both of the following grounds—

(i)that the sanction imposed was excessive;

(ii)that the Commission has acted unreasonably in the exercise of its discretion;

(c)under subsection (1)(c) above, may be made only on the ground that the Commission has acted unreasonably in the exercise of its discretion.

(4)An appeal under subsection (1) above shall be lodged within 21 days of—

(a)the sending of the finding under section 18 above to the councillor or member;

(b)the imposition of the sanction under section 19(1) above; or, as the case may be,

(c)the imposition of the suspension under section 21(2) above.

(5)A finding made or sanction imposed by the Commission continues to have effect notwithstanding the lodging of an appeal under subsection (1) above.

(6)The sheriff principal may—

(a)in an appeal under subsection (1)(a) above—

(i)confirm the finding under section 18 above;

(ii)quash the finding;

(iii)quash the finding and remit the matter to the Commission to reconsider its decision;

(b)in an appeal under subsection (1)(b) above—

(i)confirm the sanction;

(ii)quash the sanction and either substitute a lesser sanction or remit the matter back to the Commission;

(c)in an appeal under subsection (1)(c) above, quash the suspension;

(d)award expenses.

(7)The decision of the sheriff principal under subsection (1) above is a final judgment for the purposes of section 28 (appeals to the Court of Session) of the Sheriff Courts (Scotland) Act 1907 (c. 51).

(8)In an appeal from the sheriff principal by virtue of subsection (7) above, the Court of Session has the powers specified in subsection (6) above.

(9)The Commission may be a party to any appeal under subsection (1) above and in any appeal from the decision of the sheriff principal.

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