Air Weapons and Licensing (Scotland) Act 2015

Valid from 01/07/2016

34 Appeals S

(1) A person aggrieved by a decision of the chief constable under a section listed in subsection (2) may appeal against the decision to the appropriate sheriff.

(2) The sections are—

(a) section 5(1) (grant or renewal of air weapon certificate),

(b) section 6(2) (air weapon certificate: conditions),

(c) section 7(3)(b) (special requirements and conditions for young person's air weapon certificate),

(d) section 10(1) (variation of air weapon certificate),

(e) section 11(1)(a) or (2) (revocation of air weapon certificate),

(f) section 12(1) (police permits),

(g) section 13(1) or (6) (visitor permits),

(h) section 14(3)(b) or (4)(b) (visitor permits: young persons),

(i) section 15(2) (police and visitor permits: conditions),

(j) section 16(1) (police and visitor permits: variation and revocation),

(k) section 17(1) or (2) (event permits),

(l) section 18(1), (3) or (5) (approval of air weapon clubs),

(m) section 19(1) (variation of approval for air weapon clubs),

(n) section 29(9)(b) (forfeiture and disposal of air weapons).

(3) An appeal must be made within the period of 21 days beginning with the date on which the decision appealed against was made.

(4) An appeal under this section is to be determined on the merits (and not by way of review).

(5) The sheriff hearing the appeal may consider any evidence or other matter, whether or not it was available at the time the chief constable made the decision appealed against.

(6) On determining the appeal, the sheriff may—

(a) dismiss the appeal,

(b) give the chief constable such direction as the sheriff considers appropriate as respects the matter which is the subject of the appeal.

(7) The decision of the sheriff may be appealed against only on a point of law.

(8) In this section, “the appropriate sheriff” means—

(a) in a case where the appellant resides in Scotland, a sheriff of the sheriffdom in which the appellant resides, or

(b) in a case where the appellant resides outwith Scotland, a sheriff of the sheriffdom of Lothian and Borders, sitting at Edinburgh.