Paragraph 3 Appeal against the independent reviewer’s decision
An appeal may be taken, by the applicant, against the independent reviewer’s decision under section 15(3) of the Disclosure Act.
The appeal is to be—
to a sheriff, and
on a point of law only.
The appeal may be taken before the end of the period of 3 months, beginning with the date on which notification was given to the applicant of the independent reviewer’s decision in accordance with paragraph 2 of this schedule.
If, before the end of that period, the applicant notifies the Scottish Ministers that the applicant does not intend to take an appeal under this paragraph, the applicant loses the right to take an appeal on the date on which that notification is given.
In an appeal under this paragraph, the sheriff must—
confirm the independent reviewer’s decision, or
quash the decision and substitute it for the sheriff’s own decision.
Proceedings in an appeal under this paragraph may take place in private if the sheriff considers it appropriate in all the circumstances.
The decision of the sheriff in an appeal under this paragraph is final.