Part VI

Lost and Abandoned Property

Appeal to sheriff.
76
1
Any person mentioned in subsection (2) below may appeal to the sheriff against any decision of the chief constable made under the sections specified in relation to that person in that subsection.
2
The persons referred to in subsection (1) are—
a
a claimant under section 69 of this Act;
b
a finder or claimant mentioned in section 70 of this Act;
c
a previous owner mentioned in section 72 of this Act.
3
An appeal under this section shall be made by way of summary application and shall be lodged with the sheriff clerk within 21 days from the date of the decision appealed against.
4
On good cause being shown, the sheriff may hear an appeal under this section notwithstanding that it was not lodged within the time mentioned in subsection (3) above.
5
In upholding an appeal under this section the sheriff may—
a
remit the case with the reasons for his decision to the chief constable for reconsideration of his decision; or
b
reverse or alter the decision of the chief constable.
Pt. VI (ss. 67–79) extended with modifications by Animals (Scotland) Act 1987 (c. 9, SIF 4:6), s. 3(2)
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