- Draft legislation
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23.—(1) The bringing of an appeal suspends the penalty notice being appealed taking effect, pending determination or withdrawal of the appeal.
(2) The sheriff may—
(a)quash the penalty notice, or
(b)affirm the penalty notice, whether in its original form or with such modification as the sheriff sees fit.
(3) If the penalty notice is quashed, the enforcement authority must repay any amount paid as a financial penalty in pursuance of the notice.
(4) A decision of a sheriff may be appealed against as if it were a decision constituting final judgment in civil proceedings within the meaning of the Courts Reform (Scotland) Act 2014(1).
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