Part 4

Public health functions of health boards

Appeals

Appeal to Court of Session
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1
A person who appealed under section 62(2) may, with the leave of the sheriff principal, appeal against a decision mentioned in subsection (2) to the Court of Session.
2
A decision referred to in subsection (1) is a decision of the sheriff principal—
a
to confirm the order appealed against;
b
to modify the order; or
c
to confirm the decision appealed against.
3
A health board aggrieved by an appeal under section 62(2) may, with the leave of the sheriff principal, appeal against a decision mentioned in subsection (4) to the Court of Session.
4
A decision referred to in subsection (3) is a decision of the sheriff principal—
a
to revoke the order appealed against;
b
to modify the order; or
c
to quash the decision appealed against.
5
An appeal under this section may be made only on the ground that—
a
the sheriff principal erred in law;
b
the decision of the sheriff principal was not supported by the facts established by the sheriff principal in the appeal.
6
On an appeal under this section, the Court of Session may—
a
confirm the decision appealed against;
b
modify that decision;
c
quash that decision;
d
make such other order as the Court considers appropriate.
7
The decision of the Court on an appeal under this section is final.