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.