SCHEDULE 6Campaign rules: civil sanctions

PART 3Stop notices

Appeals etc.

16

1

A person served with a stop notice may appeal against the decision to serve it on the ground that—

a

the decision was based on an error of fact,

b

the decision was wrong in law,

c

the decision was unreasonable,

d

any step specified in the notice is unreasonable, or

e

the person has not acted as mentioned in paragraph 13(2)(b) or (3)(b) and would not have done so even if the stop notice had not been served.

2

A person served with a stop notice may appeal against a decision not to issue a completion certificate on the ground that the decision—

a

was based on an error of fact,

b

was wrong in law, or

c

was unfair or unreasonable.

3

An appeal under sub-paragraph (1) or (2) is to a sheriff.

4

An appeal under sub-paragraph (1) against a decision to serve a stop notice must be made within the period of 28 days beginning with the day on which the stop notice is received.

5

An appeal under sub-paragraph (2) against a decision not to issue a completion certificate must be made within the period of 28 days beginning with the day on which notification of the decision is received.

6

Where an appeal under sub-paragraph (1) or (2) is made, the stop notice continues to have effect unless it is suspended or varied on the order of the sheriff.