Regulation 9 Appeals: ScotlandF1I1

This regulation applies in relation to Scotland only.

A person aggrieved by a decision of an authorised officer to serve a compliance notice may appeal to the sheriff.

An appeal to the sheriff is by summary application.

The period within which an appeal must be brought is 28 days from the service of the notice or the period specified in the notice, whichever ends earlier.

On an appeal under this regulation, the sheriff may either cancel or affirm the notice and, if the sheriff affirms the notice, may do so either in its original form or with such modifications as the sheriff thinks fit.

The sheriff may include in the decision on the appeal such order as to the expenses of the appeal as the sheriff considers proper.

The decision of the sheriff on the appeal is final.