Regulation 10 AppealsI1

Scotland

(1)

The disabled person or an owner of the common parts affected by the proposed works may appeal to the sheriff against—

(a)

the decision of a majority of the owners to consent, or to withhold consent, taken under regulation 5(3), or

(b)

a condition imposed on consent given to the proposed works under regulation 5(3)(b).

F1(1A)

An appeal must be made within the period of 28 days beginning with the date on which the notice under regulation 7(1) is sent.

(2)

The appellant must give notice of the appeal to—

(a)

all owners of the common parts affected by the proposed works, and

(b)

where the appellant is not the disabled person, the disabled person.

(3)

The sheriff may determine the appeal by—

(a)

authorising the disabled person to carry out the proposed works,

(b)

authorising the disabled person to carry out the proposed works, subject to conditions, or

(c)

quashing the decision of the majority of the owners to consent to the proposed works and directing that the disabled person may not carry out the proposed works.

Annotations

Textual amendments

F1: Reg. 10(1A) inserted (9.12.2021) by The Relevant Adjustments to Common Parts (Disabled Persons) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/459), regs. 1(1), 2(5) (with reg. 1(2))

Commencement

I1: Reg. 10 in force at 21.2.2020, see reg. 1