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The Private Hire Car Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2004

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Appeals

7.—(1) A person who may, under regulation 6 above, require a licensing authority to give reasons for their decision may appeal to the sheriff against a decision under regulation 5 above.

(2) A licensing authority may be a party to an appeal under this regulation.

(3) An appeal under this regulation shall be made by way of summary application and shall be lodged with the sheriff clerk within the period of 28 days beginning with the day on which the decision was made.

(4) On good cause being shown, the sheriff may hear an appeal under this regulation notwithstanding that it was not lodged within the time mentioned in paragraph (3) above.

(5) For the purposes of an appeal under this regulation, the sheriff may, in the case of a decision of a licensing authority for which reasons have not been given by the authority under regulation 6 above, require the authority to give reasons for that decision, and the authority shall comply with such a requirement.

(6) The sheriff may uphold an appeal under this regulation only if the sheriff considers that the licensing authority, in arriving at their decision–

(a)erred in law;

(b)based their decision on any incorrect material fact;

(c)acted contrary to natural justice; or

(d)exercised their discretion in an unreasonable manner.

(7) In considering an appeal under this regulation, the sheriff may hear evidence by or on behalf of any party to the appeal.

(8) On upholding an appeal under this regulation, the sheriff may–

(a)remit the case with the reasons for such decision to the licensing authority for reconsideration of their decision; or

(b)reverse or modify the decision of the authority.

(9) On remitting a case under paragraph (8)(a) above, the sheriff may–

(a)specify a date by which the reconsideration by the authority must take place;

(b)modify any procedural steps which otherwise would be required in relation to the matter by or under any enactment (including these Regulations).

(10) The sheriff may include in the decision on an appeal under this regulation such order as to the expenses of the appeal as the sheriff thinks proper.

(11) Any party to an appeal to the sheriff under this regulation may appeal on a point of law from the sheriff’s decision to the Court of Session within the period of 28 days beginning with the day on which the decision was made.

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