Part 1Protection of adults at risk of harm

Other provisions

51Appeals

1

No appeal is competent against the granting of—

a

an assessment order,

b

a removal order, or

c

a warrant for entry.

2

Any decision of a sheriff to grant, or to refuse to grant, a banning order or temporary banning order may be appealed to the sheriff principal.

But an appeal under this subsection against the granting of, or a refusal to grant, a temporary banning order is competent only with leave of the sheriff.

3

The sheriff principal’s decision on an appeal under subsection (2) may be appealed to the Court of Session.

But an appeal under this subsection against a decision relating to a temporary banning order is competent only with leave of the sheriff principal.

4

Where a sheriff principal decides to quash a banning order or temporary banning order, the order concerned is (despite the sheriff principal’s determination) to continue to have effect until—

a

the end of the period during which the decision to quash the order may be appealed to the Court of Session (if no such appeal is made),

b

where such an appeal is made, the day on which—

i

the appeal is abandoned, or

ii

the Court of Session confirms the sheriff principal’s decision to quash the order, or

c

any other day on which—

i

the order otherwise expires by virtue of section 19(5) or 21(4), or

ii

in the case of a temporary banning order, the sheriff principal refuses leave to appeal against the decision to quash the order.