Police, Public Order and Criminal Justice (Scotland) Act 2006

65 Section 64: supplementary

(1) The football banning orders authority or a constable is, in making decisions under section 64, to have regard to any guidance in that respect issued by the Scottish Ministers.

(2) The Scottish Ministers shall make such arrangements as they consider appropriate for publishing the guidance issued from time to time for the purpose of subsection (1).

(3) A person who is aggrieved by the refusal of the football banning orders authority or a constable to make an order under section 64 in the person’s favour may appeal that refusal to the sheriff.

(4) An appeal under subsection (3) may be made only after the aggrieved person has given notice in writing of the intention to do so to—

(a) in the case of an appeal against a refusal by the football banning orders authority, that authority;

(b) in the case of an appeal against a refusal by a constable, the constable and the football banning orders authority.

(5) An appeal under subsection (3) is to be made by summary application.

(6) On an appeal under subsection (3) the sheriff may make such order as the sheriff thinks fit.

(7) The sheriff’s decision on an appeal under subsection (3) is final.