Part 4Public health functions of health boards
Appeals
63Exclusion orders and restriction orders: further appeal to sheriff principal
1
A person who appealed under section 61(2) 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 exclusion order appealed against;
b
to confirm the restriction order appealed against;
c
to modify the order; or
d
to confirm the decision appealed against.
3
A health board aggrieved by an appeal under section 61(2) 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 exclusion order appealed against;
b
to revoke the restriction order appealed against;
c
to modify the order; or
d
to quash the decision appealed against.
5
An appeal under this section may be made only on the ground that—
a
the sheriff erred in law;
b
the decision of the sheriff was not supported by the facts established by the sheriff in the appeal.
6
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.
7
The decision of the sheriff principal on an appeal under this section is final.