Adult Support and Protection (Scotland) Act 2007

51 Appeals S

(1) No appeal is competent against the granting of—

(a) an assessment order,

(b) a removal order, or

(c) a warrant for entry.

(2) Any decision of a sheriff to grant, or to refuse to grant, a banning order or temporary banning order may be appealed to the sheriff principal.

But an appeal under this subsection against the granting of, or a refusal to grant, a temporary banning order is competent only with leave of the sheriff.

(3) The sheriff principal's decision on an appeal under subsection (2) may be appealed to the Court of Session.

But an appeal under this subsection against a decision relating to a temporary banning order is competent only with leave of the sheriff principal.

(4) Where a sheriff principal decides to quash a banning order or temporary banning order, the order concerned is (despite the sheriff principal's determination) to continue to have effect until—

(a) the end of the period during which the decision to quash the order may be appealed to the Court of Session (if no such appeal is made),

(b) where such an appeal is made, the day on which—

(i) the appeal is abandoned, or

(ii) the Court of Session confirms the sheriff principal's decision to quash the order, or

(c) any other day on which—

(i) the order otherwise expires by virtue of section 19(5) or 21(4), or

(ii) in the case of a temporary banning order, the sheriff principal refuses leave to appeal against the decision to quash the order.

Commencement Information

I1 S. 51 in force at 29.10.2008 by S.S.I. 2008/314, art. 2