Part 15SAppeals

Appeals to sheriff principal and Court of SessionS

164Appeals to sheriff principal and Court of Session: relevant personsS

(1)A person mentioned in subsection (3) may appeal by stated case to the sheriff principal or the Court of Session against a decision of the sheriff in an appeal against [F1—

(a)a decision of the sheriff in an appeal against a determination of a pre-hearing panel or children's hearing that an individual—

(i)is or is not to be deemed a relevant person in relation to a child,

(ii)is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child,

(b)a decision of the sheriff in an appeal against a determination of a review under section 142(2) that an individual is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child.]

(2)A person mentioned in subsection (3) may, with leave of the sheriff principal, appeal by stated case to the Court of Session against the sheriff principal's decision in an appeal under subsection (1).

(3)The persons are—

(a)the individual in question,

(b)the child,

(c)a relevant person in relation to the child,

(d)two or more persons mentioned in paragraphs (a) to (c) acting jointly.

[F2(e)the Principal Reporter.]

[F3(3A)Despite subsection (1), the Principal Reporter may not appeal against a decision by the sheriff confirming a determination of a children's hearing.]

(4)An appeal under this section must be made before the expiry of the period of 28 days beginning with the day on which the decision appealed against is made.

(5)An appeal under this section may be made—

(a)on a point of law, or

(b)in respect of any procedural irregularity.

(6)On deciding an appeal under subsection (1), the sheriff principal or the Court of Session must remit the case to the sheriff for disposal in accordance with such directions as the court may give.

(7)A decision in an appeal under subsection (1) or (2) by the Court of Session is final.

Textual Amendments

F1 S. 164(1)(a)(b) substituted for words in s. 164(1) (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 26(3)(a), 34(2); S.S.I. 2020/412, reg. 2(2)(d)

Commencement Information

I1S. 164 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3