Compliance notices

48Appeal against a compliance notice

(1)A person to whom a compliance notice has been issued may, before the expiry of the relevant period, appeal to a sheriff against the decision to issue the notice.

(2)An appeal is to be made by way of summary application.

(3)In subsection (1), the “relevant period” means—

(a)the period of one month beginning with the date of issue of the compliance notice, or

(b)the compliance period,

whichever expires earlier.

(4)In an appeal under this section, the sheriff may—

(a)cancel the compliance notice, or

(b)affirm the notice, either with or without modifications.

(5)Where an appeal is made under this section, the compliance period is suspended for the period during which the appeal is pending.

(6)For the purposes of subsection (5), the appeal is pending until it is finally determined or is withdrawn.