Part 22

Appeals

Appeals: general provisions
324
1
An appeal—
a
to the sheriff principal under section 320(2) of this Act; or
b
to the Court of Session under section 322(2) of this Act,
may be made only on one or more of the grounds mentioned in subsection (2) below.
2
The grounds referred to in subsection (1) above are—
a
that the Tribunal’s decision was based on an error of law;
b
that there has been a procedural impropriety in the conduct of any hearing by the Tribunal on the application;
c
that the Tribunal has acted unreasonably in the exercise of its discretion;
d
that the Tribunal’s decision was not supported by the facts found to be established by the Tribunal.
3
The Tribunal may be a party to an appeal under section 320(2) or 322(2) and in any appeal from the decision of the sheriff principal under section 321(1).
4
The court may, where it considers it appropriate, order the Tribunal to be represented at any hearing of an appeal under section 320(2), 321(1) or 322(2).
5
In allowing an appeal under section 320(2), 321(1) or 322(2) of this Act the court—
a
shall set aside the decision of the Tribunal; and
b
shall—
i
if it considers that it can properly do so on the facts found to be established by the Tribunal, substitute its own decision; or
ii
remit the case to the Tribunal for consideration anew.
6
If the court remits a case under paragraph (b)(ii) of subsection (5) above, the court may—
a
direct that the Tribunal be differently constituted from when it made the decision; and
b
issue such other directions to the Tribunal about the consideration of the case as it considers appropriate.
7
Regulations may specify the period within which an appeal under section 320(2), 321(1) or 322(2) of this Act shall be made.
8
In this section, “the court” means the sheriff principal or the Court of Session as the case may be.
S. 324 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1
S. 324 in force at 5.10.2005 in so far as not already in force by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)