Regulation 6 Powers of a sheriff on appeal

(1)

For the purposes of an appeal under regulation 5, the sheriff may require the Scottish Ministers to give reasons for that decision, and the Scottish Ministers must comply with such a requirement.

(2)

The sheriff may uphold an appeal under regulation 5 only if the sheriff considers 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.

(3)

In considering an appeal under regulation 5, the sheriff may hear evidence by or on behalf of any party to the appeal.

(4)

On upholding an appeal under regulation 5, the sheriff may—

(a)

remit the case with the reasons for the decision to the Scottish Ministers for reconsideration of their decision; or

(b)

reverse or modify the decision of the Scottish Ministers.

(5)

On remitting a case under paragraph (4)(a) above, the sheriff may—

(a)

specify a date by which the reconsideration by the Scottish Ministers must take place;

(b)

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

(6)

The sheriff may include in the decision on an appeal under regulation 5 such order as to the expenses of the appeal as the sheriff thinks proper.

(7)

The decision of the sheriff is final.