Housing (Scotland) Act 1987

Appeals etc. S

111 Appeals under Part V. S

[F1 (1) Any person aggrieved by—

(a) a repair notice,

(b) a demand for the recovery of expenses incurred by a local authority in executing works, specified in such a notice,

(c) an order made by a local authority with respect to any such expenses,

(d) a charging order made under Schedule 9,

may appeal to the sheriff by giving notice of appeal within 21 days after the date of the service of the notice, demand or order, as the case may be; and no proceedings shall be taken by the local authority to enforce any notice, demand or order while an appeal against it is pending.

(2) On an appeal under paragraph (b), (c) or (d) of subsection (1), no question shall be raised which might have been raised on an appeal against the original notice requiring the execution of the works.]

Textual Amendments

F1 Ss. 108-113 repealed (3.9.2007 for the repeal of s. 113, 1.4.2010 in so far as not already in force) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 7 (with s. 193); S.S.I. 2007/270, art. 3; S.S.I. 2009/122, art. 3 (with arts. 4A-4E) (as amended (17.3.2010) by S.S.I. 2010/114, art. 2)

Modifications etc. (not altering text)

C1 S. 111 applied (27.8.1993) by 1993 c. 11, ss. 24(4)(b), 66(1), 68(2), Sch. 3 para. 2 (with ss. 41, 42(4)(5), 43(5), 44(6)).

112 Date of operation of notices, demands and orders subject to appeal. S

• [F1 Any notice, demand or order against which an appeal might be brought to the sheriff under section 111 shall—

  (a)

  if no such appeal is brought, become operative on the expiration of 21 days after the date of the service of the notice, demand or order, as the case may be, and shall be final and conclusive as to any matters which could have been raised on such an appeal, and

  (b)

  if such an appeal is brought shall, if and so far as it is confirmed by the sheriff, become operative as from the date of the determination of the appeal.]

Textual Amendments

F1 Ss. 108-113 repealed (3.9.2007 for the repeal of s. 113, 1.4.2010 in so far as not already in force) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 7 (with s. 193); S.S.I. 2007/270, art. 3; S.S.I. 2009/122, art. 3 (with arts. 4A-4E) (as amended (17.3.2010) by S.S.I. 2010/114, art. 2)