The Marketing of Horticultural Produce (Scotland) Regulations 2009

Appeals

11.—(1) The person on whom the stop notice is served, or owner of the horticultural produce or an agent or employee acting on behalf of the owner may appeal to the sheriff against a decision of an authorised officer to serve a notice under regulation 10(1).

(2) The inspecting authority may be a party to an appeal under this regulation.

(3) An appeal under this regulation shall be made by way of summary application and shall be lodged with the sheriff clerk within the period of 48 hours from the day on which the decision to serve the stop notice is made.

(4) On good cause shown, the sheriff may hear an appeal under this regulation notwithstanding that it was not lodged within the time mentioned in paragraph (3).

(5) For the purposes of an appeal under this regulation, the sheriff may require the inspecting authority to give reasons for that decision, and the inspecting authority shall comply with such a requirement.

(6) The sheriff may uphold an appeal under this regulation only if the sheriff considers that the inspecting authority, in arriving at the decision–

(a)erred in law;

(b)based the decision on any incorrect material fact;

(c)acted contrary to natural justice; or

(d)exercised their discretion in an unreasonable manner.

(7) In considering an appeal under this regulation, the sheriff may hear evidence by or on behalf of any party to the appeal.

(8) On upholding an appeal under this regulation, the sheriff may–

(a)remit the case with the reasons for such decision to the inspecting authority for reconsideration of their decision

(b)cancel the notice or confirm it, with or without modification.

(9) On remitting a case under paragraph (8)(a), the sheriff may–

(a)specify a date by which the reconsideration by the authority must take place; or

(b)modify any procedural steps which otherwise would be required in relation to the matter by or under any enactment (including these regulations).

(10) The sheriff may include in the decision on an appeal under this regulation such order as to the expenses of the appeal as the sheriff thinks proper.

(11) The sheriff must complete the appeal as soon as reasonably practicable and in any event within 48 hours of the request, and notify the person who requested it, and, if different, the person on whom the notice was served and any other person in possession of the horticultural produce, of the outcome, as soon as reasonably practicable.

(12) A decision which is the subject of appeal shall, unless the inspecting authority direct otherwise in writing, have effect until the date of determination of that appeal.