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

Part 4 Public health functions of health boards

Appeals

63 Exclusion orders and restriction orders: further appeal to sheriff principal

(1) A person who appealed under section 61(2) 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 exclusion order appealed against;

(b) to confirm the restriction order appealed against;

(c) to modify the order; or

(d) to confirm the decision appealed against.

(3) A health board aggrieved by an appeal under section 61(2) 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 exclusion order appealed against;

(b) to revoke the restriction order appealed against;

(c) to modify the order; or

(d) to quash the decision appealed against.

(5) An appeal under this section may be made only on the ground that—

(a) the sheriff erred in law;

(b) the decision of the sheriff was not supported by the facts established by the sheriff in the appeal.

(6) 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.

(7) The decision of the sheriff principal on an appeal under this section is final.