Part VIII

Buildings, etc.

Powers of entry, execution of works, etc.

Appeals.
106
1
A person may, in accordance with subsection (3) below, appeal to the sheriff—
a
against any requirement in any notice served on him under this Part of this Act by a local authority; or
b
in respect of the amount of any expenses or interest claimed from him or the rate at which interest is charged against him under this Part of this Act.
2
The owner of any land or premises may, in accordance with subsection (3) below, appeal to the sheriff in respect of any expenses or interest (including the rate at which interest is charged) claimed or deducted under section 103 of this Act.
3
An appeal under subsection (1) or (2) above shall be made by way of summary application and shall be lodged within 14 days of—
a
in the case of an appeal under paragraph (a) of subsection (1) above, the date of service of the notice; and
b
in other cases, the date of service of the claim for payment or, in the case of an appeal under subsection (2) above where the expense or interest has been deducted from rent, the date of that deduction.
4
The sheriff may, on an appeal under this section—
a
order that the requirement appealed against shall be of no effect or that it shall have effect subject to such modifications as he may specify in his order or confirm it;
b
make such order as to the expenses which are or interest which is the subject of the appeal as appears to him appropriate.
5
Any party to an appeal under subsection (1) or (2) above may appeal on a point of law from the sheriff’s decision to the Court of Session within 14 days from the date of that decision.
6
No appeal shall lie from the opinion of the Court of Session given in pursuance of subsection (5) above.
Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V