Part 1Tobacco and nicotine vapour products etc.

Chapter 2Register of tobacco and nicotine vapour product retailers

Tobacco retailing banning orders

17Tobacco retailing banning orders etc.: appeals

(1)

A person against whom a tobacco F1retailing F1and nicotine vapour product banning order or an ancillary order under section 16 is made may appeal to the sheriff principal, whose decision is final.

(2)

An appeal under this section must be made within 21 days of the order being made.

(3)

Where the appeal is against a tobacco F1retailing F1and nicotine vapour product banning order, the sheriff principal may determine the appeal by—

(a)

quashing the order (and any ancillary order under section 16 relating to the order),

(b)

substituting for the period specified in the order under section 15(5) such other period of effect (ending no later than 24 months after the day the order was granted) as the sheriff principal considers appropriate, or

(c)

refusing the appeal.

(4)

Where the appeal is against an ancillary order under section 16, the sheriff principal may determine the appeal by—

(a)

quashing the order, or

(b)

refusing the appeal.