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Public Health etc. (Scotland) Act 2008

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This is the original version (as it was originally enacted).

64Appeal to Court of Session

This section has no associated Explanatory Notes

(1)A person who appealed under section 62(2) may, with the leave of the sheriff principal, appeal against a decision mentioned in subsection (2) to the Court of Session.

(2)A decision referred to in subsection (1) is a decision of the sheriff principal—

(a)to confirm the order appealed against;

(b)to modify the order; or

(c)to confirm the decision appealed against.

(3)A health board aggrieved by an appeal under section 62(2) may, with the leave of the sheriff principal, appeal against a decision mentioned in subsection (4) to the Court of Session.

(4)A decision referred to in subsection (3) is a decision of the sheriff principal—

(a)to revoke the order appealed against;

(b)to modify the order; or

(c)to quash the decision appealed against.

(5)An appeal under this section may be made only on the ground that—

(a)the sheriff principal erred in law;

(b)the decision of the sheriff principal was not supported by the facts established by the sheriff principal in the appeal.

(6)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.

(7)The decision of the Court on an appeal under this section is final.

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