Section 38E Review of noticeF1

(1)

A person on whom a notice is served under section 38D(1) may apply to the sheriff for a review of the notice, if aggrieved by the serving of the notice or its terms.

(2)

An application under subsection (1) must be made—

(a)

by way of summary application,

(b)

within the period of 28 days beginning with the day on which the notice is duly served.

(3)

In the application, the sheriff may—

(a)

uphold, vary or quash the notice,

(b)

make any further order necessary.

(4)

The sheriff's decision in the application may be appealed to the sheriff principal, but only on a point of law.

(5)

The sheriff principal's determination of the review is final.

(6)

An application under subsection (1) may be—

(a)

made by two or more persons acting together,

(b)

heard by the sheriff along with another such application relating to the same notice.

Annotations

Textual amendments

F1: Pt. 2A inserted (10.6.2013 for specified purposes, 21.12.2013 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 37, 56(1)(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2013/342, art. 2(c)