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Housing (Scotland) Act 2006

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5(1)If after a review the penalty charge notice is confirmed by the enforcement authority, the recipient may appeal by summary application to the sheriff against the penalty charge notice.

(2)An appeal against a penalty charge notice must be made within the period 28 days beginning with service of the notice under paragraph 4(1)(c).

(3)But the sheriff may on cause shown hear an appeal made after the deadline set by sub-paragraph (2).

(4)An appeal against a penalty charge notice must be on one (or both) of the following grounds—

(a)that the recipient did not commit the breach of duty specified in the penalty charge notice, or

(b)that the notice was not given within the time allowed by section 111(2) or does not comply with any other requirement imposed by or under this schedule.

(5)The sheriff must determine an appeal against a penalty charge notice by upholding or quashing the notice.

(6)The recipient or the enforcement authority may, on point of law only, appeal to the sheriff principal against the sheriff’s determination.

(7)In this paragraph “sheriff” means the sheriff of the sheriffdom in which the house is situated.

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