Fire (Scotland) Act 2005

66 Appeals

(1) On the application of the person on whom a relevant notice is served or, if the relevant notice is a prohibition notice, a person who in relation to the relevant premises to which the notice relates is subject to the duties imposed by section 53 or 54, the sheriff may make an order—

(a) revoking the notice;

(b) varying it in such manner as may be specified in the order; or

(c) confirming the notice.

(2) Any application under this section shall be made before the expiry of the period of 21 days beginning with the service of the relevant notice to which the application relates.

(3) If the application relates to—

(a) an enforcement notice; or

(b) an alterations notice,

the notice shall be suspended during the relevant period.

(4) If, pending the making of an order under subsection (1), the sheriff makes an order suspending a prohibition notice (a “suspension order”) the suspension order shall be effective only from its making.

(5) If not recalled by the sheriff, a suspension order shall cease to have effect on—

(a) the making of an order under subsection (1); or

(b) the abandonment of the application under this section.

(6) An application under this section shall be made by summary application.

(7) In this section—

• “relevant notice” means—

  (a)

  a prohibition notice;

  (b)

  an enforcement notice; or

  (c)

  an alterations notice; and

• “relevant period” means the period beginning with the making of an application under this section and ending with—

  (a)

  the making of an order under subsection (1); or

  (b)

  the abandonment of the application.