The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015

Appeal against a certificate of non-compliance

This section has no associated Policy Notes

6.—(1) A person who is issued a certificate of non-compliance may appeal against it.

(2) An appeal under this paragraph may be made on one or more of the following grounds:—

(a)the decision was based on an error of fact;

(b)the decision was wrong in law;

(c)the decision was unreasonable; or

(d)any other reason.

(3) An appeal under this paragraph must be made within the period of 28 days beginning with the day on which the certificate of non-compliance is issued.

(4) Where an appeal is made under this paragraph, the certificate of non-compliance has no effect from the day on which the appeal is made until the day on which the appeal is determined or withdrawn.