Housing (Cladding Remediation) (Scotland) Act 2024

Appeal

12 Appeal against arranged remediation work

(1) The owner of premises, having received notice under section 7 that the Scottish Ministers have arranged for work to be carried out on the premises, may appeal to the sheriff against the Scottish Ministers’ decision to make that arrangement.

(2) An appeal may be made under this section—

(a) without the sheriff’s permission within the 21 day period described by section 7(3),

(b) only with the sheriff’s permission on cause shown outwith that period.

(3) The sheriff must—

(a) hold a hearing on an appeal under this section within 21 days of the appeal being made, and

(b) give the parties to the appeal an opportunity to make representations at the hearing.

(4) At the hearing, the sheriff may—

(a) determine the appeal, or

(b) on a motion of a party or on the sheriff’s own initiative, continue the proceedings.

(5) In deciding whether to continue the proceedings and, if so, to when, the sheriff must have regard to all the circumstances of the case, including the effect that any continuation of proceedings would have in relation to the elimination or mitigation of risks to human life that—

(a) are (directly or indirectly) created or exacerbated by a building’s external wall cladding system, and

(b) were identified in the single-building assessment report or the additional work assessment report which identified the need for the work to which the decision appealed relates.

(6) On an appeal under this section, the sheriff may—

(a) dismiss it,

(b) order that only some of the work in question be carried out,

(c) order that none of the work be carried out,

(d) make any other order the sheriff thinks just.

(7) The decision of the sheriff on an appeal under this section is final.