Section 7A Appeal to sheriff principal against licence decisionF1

Scotland

(1)

This section applies to a decision of the Scottish Ministers under—

(a)

section 3(1) refusing to grant a licence for the use of premises for carrying out anatomical examinations,

(b)

section 3(2) refusing to grant a licence to a person to—

(i)

carry out anatomical examinations, or

(ii)

have possession of anatomical specimens,

(c)

section 5(5) refusing to grant a licence to a person to have possession of a body or a part of a body,

(d)

section 6A(9) refusing to grant a licence to a person to publicly display a body or a part of a body,

(e)

section 7(5) granting a licence subject to conditions,

(f)

section 7(6)(a) revoking a licence.

(2)

The—

(a)

applicant, in the case of a decision referred to in subsection (1)(a), (b), (c), (d) or (e), and

(b)

person to whom the licence was granted, in the case of a decision referred to in subsection (1)(f),

may, before the expiry of the period of 21 days beginning with the day the decision is made, appeal under this section to the sheriff principal against the decision on one or more of the grounds mentioned in subsection (3).

(3)

The grounds are that the Scottish Ministers in arriving at their decision—

(a)

erred in law,

(b)

based their decision on any incorrect material fact,

(c)

acted contrary to natural justice, or

(d)

exercised their discretion in an unreasonable manner.

(4)

An appeal to the sheriff principal under this section is to be—

(a)

where the appeal is against a decision under—

(i)

section 3(1),

(ii)

section 7(5) or 7(6)(a) in respect of a licence for the use of premises,

to the sheriff principal of the sheriffdom in which the premises are situated;

(b)

in any other case, to—

(i)

the sheriff principal of the sheriffdom in which the appellant resides, or

(ii)

the sheriff principal of the Sheriffdom of Lothian and Borders at Edinburgh.

(5)

In allowing an appeal under this section, the sheriff principal—

(a)

shall set aside the decision, and

(b)

shall—

(i)

if he considers that he can do so on the facts considered to be established by the Scottish Ministers, substitute his own decision, or

(ii)

remit the case to the Scottish Ministers for consideration anew.

Annotations

Textual amendments

F1: S. 7A inserted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(11), 62(2); S.S.I. 2006/251, art. 3

Notes on the whole Act

Textual amendments

F1: Act repealed (E.W.) (1.9.2006) by Human Tissue Act 2004 (c. 30), ss. 59(8)(9), 60(2), Sch. 7 Pt. 1 (with s. 58); S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)