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Version Superseded: 01/10/2009
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There are currently no known outstanding effects for the Public Health (Scotland) Act 1897, Section 156B.
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(1)Where, in an appeal under section 156A against a section 96 decision, the sheriff confirms the decision, the person in respect of whom the section 96 decision was made, or any person having an interest in the welfare of that person, may appeal to the sheriff principal against the decision of the sheriff in the appeal on either or both of the grounds mentioned in subsection (2).
(2)The grounds are—
(a)that the decision of the sheriff in the appeal under section 156A was based on an error of law;
(b)that that decision was not supported by the facts found to be established by the sheriff in the appeal.
(3)An appeal under this section may be made before the expiry of the period of 21 days beginning with the day on which the decision of the sheriff in the appeal under section 156A is made.
(4)In an appeal under this section, the sheriff principal—
(a)may allow the appeal and when doing so must direct that the section 96 decision ceases to have effect;
(b)may refuse the appeal and confirm the decision of the sheriff;
(c)may make such other order or direction as the sheriff principal thinks fit.]
Textual Amendments
F1Ss. 156A-156D inserted (17.10.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 36, 43(3); S.S.I. 2005/492, art. 3(a), Sch. 1
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