17[F1Tobacco and nicotine vapour product banning orders etc.: appeals]S
(1)A person against whom a tobacco [F2and nicotine vapour product] banning order or an ancillary order under section 16 is made may appeal to the sheriff principal, whose decision is final.
(2)An appeal under this section must be made within 21 days of the order being made.
(3)Where the appeal is against a tobacco [F2and nicotine vapour product] banning order, the sheriff principal may determine the appeal by—
(a)quashing the order (and any ancillary order under section 16 relating to the order),
(b)substituting for the period specified in the order under section 15(5) such other period of effect (ending no later than 24 months after the day the order was granted) as the sheriff principal considers appropriate, or
(c)refusing the appeal.
(4)Where the appeal is against an ancillary order under section 16, the sheriff principal may determine the appeal by—
(a)quashing the order, or
(b)refusing the appeal.
Textual Amendments
F1S. 17 title substituted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(5), 36(2); S.S.I. 2017/12, reg. 2, sch.
F2Words in s. 17 substituted (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(3), 36(2); S.S.I. 2017/12, reg. 2, sch.
Commencement Information
I1S. 17 in force at 1.10.2011 by S.S.I. 2010/345, art. 2, Sch.