Regulation 11 Appeal to the sheriff

(1)

A relevant body may appeal to the sheriff against a decision of the Scottish Ministers made under regulation 10(10).

(2)

An appeal under this regulation—

(a)

may be on a point of fact or law, and

(b)

must be made by application to the sheriff before the end of the period of 21 days beginning with the day after the day on which the decision appealed against was notified to the relevant body.

(3)

An enforcement notice is not suspended pending an appeal under this regulation unless the sheriff orders otherwise.

(4)

On an appeal under this regulation, the sheriff may—

(a)

uphold the decision,

(b)

uphold the decision and require such other action be taken by the relevant body in relation to the non-compliance detailed in the enforcement notice as the sheriff thinks fit, or

(c)

quash the decision.

(5)

In upholding or quashing a decision under paragraph (4), the sheriff may—

(a)

confirm or vary the enforcement notice to which the decision being appealed relates as the sheriff thinks fit,

(b)

revoke the enforcement notice to which the decision being appealed relates with effect from the date of the decision.