Part 5Public health functions of local authorities
Appeals
I183Appeals against notices under this Part
1
Any person on whom a notice under—
a
section 73(3); or
b
section 76(2),
is served may appeal to the sheriff.
2
An appeal under this section may be made against—
a
the notice;
b
any requirement specified in it.
3
An appeal under this section must be made before the expiry of the period of 14 days beginning with the day after the day on which the notice is served.
4
On an appeal under this section, the sheriff may—
a
confirm the notice;
b
revoke the notice;
c
remove or vary any requirement specified in the notice;
d
make such other order as the sheriff considers appropriate.
I284Appeal to sheriff principal
1
A person who appealed under section 83(1) may, with the leave of the sheriff, appeal against a decision mentioned in subsection (2) to the sheriff principal.
2
A decision referred to in subsection (1) is a decision of the sheriff—
a
to confirm the notice appealed against;
b
not to remove or vary any requirement specified in the notice.
3
A local authority may, with the leave of the sheriff, appeal against a decision mentioned in subsection (4) to the sheriff principal.
4
A decision referred to in subsection (3) is a decision of the sheriff—
a
to revoke the notice appealed against;
b
to remove or vary any requirement specified in the notice.
5
On an appeal under this section, the sheriff principal may—
a
confirm the decision appealed against;
b
modify that decision;
c
quash that decision;
d
make such other order as the sheriff principal considers appropriate.
I385Appeal to Court of Session
1
A person who appealed under section 84(1) or (3) may, with the leave of the sheriff principal, appeal against the sheriff principal's decision to the Court of Session.
2
An appeal under this section may be made on a point of law only.
3
On an appeal under this section, the Court of Session may—
a
confirm the decision appealed against;
b
modify that decision;
c
quash that decision;
d
make such other order as the Court considers appropriate.
4
The decision of the Court on an appeal under this section is final.