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Tenements (Scotland) Act 2004

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This is the original version (as it was originally enacted).

6Application to sheriff for order resolving certain disputes

This section has no associated Explanatory Notes

(1)Any owner may by summary application apply to the sheriff for an order relating to any matter concerning the operation of—

(a)the management scheme which applies as respects the tenement (except where that management scheme is the development management scheme); or

(b)any provision of this Act in its application as respects the tenement.

(2)Where an application is made under subsection (1) above the sheriff may, subject to such conditions (if any) as the sheriff thinks fit—

(a)grant the order craved; or

(b)make such other order under this section as the sheriff considers necessary or expedient.

(3)A party may not later than fourteen days after the date of—

(a)an order under subsection (2) above; or

(b)an interlocutor dismissing such an application,

appeal to the Court of Session on a point of law.

(4)A decision of the Court of Session on an appeal under subsection (3) above shall be final.

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