Antisocial Behaviour etc. (Scotland) Act 2004

97 Appeals

(1) A relevant person on whom a notice under section 94 is served may, before the expiry of the period of 21 days beginning with the date specified by virtue of subsection (4)(d) of that section in the notice, appeal to the sheriff against the decision of the local authority to serve the notice.

(2) Where, on the application of a person having an interest, a local authority makes a decision refusing to revoke a notice under section 95(2), the person may, before the expiry of the period of 21 days beginning with the day on which the decision is made, appeal to the sheriff against the decision.

(3) Subsection (4) applies where a person appeals against a decision such as is mentioned in subsection (1) or (2).

(4) The person shall (in addition to complying with any other requirements as to notification imposed by virtue of any enactment) give notice to the person who has the use as a dwelling of the house to which the notice relates (the “tenant”) of such matters as may be prescribed by the Scottish Ministers by regulations.

(5) Regulations under subsection (4) may include provision for or in connection with—

(a) the form of the notice;

(b) the manner and timing of service of the notice.

(6) If a person fails to comply with subsection (4), the court hearing the appeal may not require the tenant to pay any sums that, but for the making of the order, would have been due by the tenant.

(7) The Scottish Ministers may by regulations make provision for or in connection with specifying other circumstances in which the sheriff principal shall not require a tenant to pay any sums that, but for the making of the order, would have been due by the tenant.

(8) Regulations under subsection (7) may in particular include provision—

(a) specifying procedures;

(b) imposing obligations on landlords.