PART 2

ENFORCEMENT

Appeals from Commission
22
1
A councillor or member of a devolved public body—
a
who is the subject of a finding under section 18 above of a contravention of the councillors' or, as the case may be, the members' code;
b
on whom a sanction under section 19(1)(b) to (e), (4) or (5) above has been imposed; or
c
who has been suspended under section 21(2) above,
may appeal to the sheriff principal of the sheriffdom in which the relevant council or devolved public body has its principal office.
2
The relevant council or, as the case may be, devolved public body is—
a
in the case, where—
i
a finding of a contravention of the councillors' or the members' code has been made under section 18 above;
ii
a sanction under section 19(1) above has been imposed following such a finding;
iii
a sanction under section 19(4) or (5) above has been imposed following such a finding,
the council or devolved public body to which the finding relates;
b
where suspension under section 21(2) above has been imposed, the council or devolved public body from which the councillor or member has been suspended;
c
where the appeal is in respect of findings which relate to more than one council or devolved public body, any one of those councils or devolved public bodies.
3
An appeal—
a
under subsection (1)(a) above may be made on one or more of the following grounds—
i
that the Commission’s finding was based on an error of law;
ii
that there has been procedural impropriety in the conduct of any hearing held under section 16(b) above;
iii
that the Commission has acted unreasonably in the exercise of its discretion;
iv
that the Commission’s finding was not supported by the facts found to be proved by the Commission;
b
under subsection (1)(b) above, may be made on one or both of the following grounds—
i
that the sanction imposed was excessive;
ii
that the Commission has acted unreasonably in the exercise of its discretion;
c
under subsection (1)(c) above, may be made only on the ground that the Commission has acted unreasonably in the exercise of its discretion.
4
An appeal under subsection (1) above shall be lodged within 21 days of—
a
the sending of the finding under section 18 above to the councillor or member;
b
the imposition of the sanction under section 19(1) above; or, as the case may be,
c
the imposition of the suspension under section 21(2) above.
5
A finding made or sanction imposed by the Commission continues to have effect notwithstanding the lodging of an appeal under subsection (1) above.
6
The sheriff principal may—
a
in an appeal under subsection (1)(a) above—
i
confirm the finding under section 18 above;
ii
quash the finding;
iii
quash the finding and remit the matter to the Commission to reconsider its decision;
b
in an appeal under subsection (1)(b) above—
i
confirm the sanction;
ii
quash the sanction and either substitute a lesser sanction or remit the matter back to the Commission;
c
in an appeal under subsection (1)(c) above, quash the suspension;
d
award expenses.
7
The decision of the sheriff principal under subsection (1) above is a final judgment for the purposes of section 28 (appeals to the Court of Session) of the Sheriff Courts (Scotland) Act 1907 (c. 51).
8
In an appeal from the sheriff principal by virtue of subsection (7) above, the Court of Session has the powers specified in subsection (6) above.
9
The Commission may be a party to any appeal under subsection (1) above and in any appeal from the decision of the sheriff principal.