Public Health etc. (Scotland) Act 2008 (asp 5)

Part 5 S Public health functions of local authorities

Appeals S

83 Appeals against notices under this Part S

(1) Any person on whom a notice under—

(a) section 73(3); or

(b) section 76(2),

is served may appeal to the sheriff.

(2) An appeal under this section may be made against—

(a) the notice;

(b) any requirement specified in it.

(3) An appeal under this section must be made before the expiry of the period of 14 days beginning with the day after the day on which the notice is served.

(4) On an appeal under this section, the sheriff may—

(a) confirm the notice;

(b) revoke the notice;

(c) remove or vary any requirement specified in the notice;

(d) make such other order as the sheriff considers appropriate.

Commencement Information

I1 S. 83 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

84 Appeal to sheriff principal S

(1) A person who appealed under section 83(1) may, with the leave of the sheriff, appeal against a decision mentioned in subsection (2) to the sheriff principal.

(2) A decision referred to in subsection (1) is a decision of the sheriff—

(a) to confirm the notice appealed against;

(b) not to remove or vary any requirement specified in the notice.

(3) A local authority may, with the leave of the sheriff, appeal against a decision mentioned in subsection (4) to the sheriff principal.

(4) A decision referred to in subsection (3) is a decision of the sheriff—

(a) to revoke the notice appealed against;

(b) to remove or vary any requirement specified in the notice.

(5) On an appeal under this section, the sheriff principal may—

(a) confirm the decision appealed against;

(b) modify that decision;

(c) quash that decision;

(d) make such other order as the sheriff principal considers appropriate.

Commencement Information

I2 S. 84 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

85 Appeal to Court of Session S

(1) A person who appealed under section 84(1) or (3) may, with the leave of the sheriff principal, appeal against the sheriff principal's decision to the Court of Session.

(2) An appeal under this section may be made on a point of law only.

(3) On an appeal under this section, the Court of Session may—

(a) confirm the decision appealed against;

(b) modify that decision;

(c) quash that decision;

(d) make such other order as the Court considers appropriate.

(4) The decision of the Court on an appeal under this section is final.

Commencement Information

I3 S. 85 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1