Part 4Public health functions of health boards

Appeals

I164Appeal to Court of Session

1

A person who appealed under section 62(2) may, with the leave of the sheriff principal, appeal against a decision mentioned in subsection (2) to the Court of Session.

2

A decision referred to in subsection (1) is a decision of the sheriff principal—

a

to confirm the order appealed against;

b

to modify the order; or

c

to confirm the decision appealed against.

3

A health board aggrieved by an appeal under section 62(2) may, with the leave of the sheriff principal, appeal against a decision mentioned in subsection (4) to the Court of Session.

4

A decision referred to in subsection (3) is a decision of the sheriff principal—

a

to revoke the order appealed against;

b

to modify the order; or

c

to quash the decision appealed against.

5

An appeal under this section may be made only on the ground that—

a

the sheriff principal erred in law;

b

the decision of the sheriff principal was not supported by the facts established by the sheriff principal in the appeal.

6

On an appeal under this section, the Court of Session may—

a

confirm the decision appealed against;

b

modify that decision;

c

quash that decision;

d

make such other order as the Court considers appropriate.

7

The decision of the Court on an appeal under this section is final.