Civic Government (Scotland) Act 1982

64 Appeals against orders under section 63

(1) An appeal to the sheriff shall he at the instance of a person who, in accordance with section 62 of this Act, has or falls to be treated as having given notice of a proposal to hold a procession in public against an order under section 63(1) of this Act in relation to the procession.

(2) An appeal under this section shall be made by way of summary application and shall be lodged with the sheriff clerk within 14 days from the date on which the copy of the order and statement of reasons were received by the appellant.

(3) On good cause being shown, the sheriff may hear an appeal under this section notwithstanding that it was not lodged within the time mentioned in subsection (2) above.

(4) The sheriff may uphold an appeal under this section only if he considers that the regional or islands council in arriving at their decision to make the order—

(a) erred in law ;

(b) based their decision on any incorrect material fact;

(c) exercised their discretion in an unreasonable manner; or

(d) otherwise acted beyond their powers.

(5) In considering an appeal under this section the sheriff may hear evidence by or on behalf of any party to the appeal.

(6) Subject to subsection (7) below, on an appeal under this section, the sheriff may

(a) uphold the appeal and—

(i) remit the case, with the reasons for his decision, to the regional or islands council for reconsideration of their decision, or

(ii) if he considers that there is insufficient time for the case to be remitted under sub-paragraph (i) above vary the order which is the subject of the appeal or make any such order as the council were empowered to make under section 63(1) of this Act; or

(b) dismiss the appeal,

and on remitting a case under paragraph (a)(i) above, the sheriff may—

(i) specify a date by which the reconsideration by the council must take place;

(ii) modify any procedural steps which otherwise would be required to be taken in relation to the matter by or under any enactment (including this Act).

(7) The sheriff shall not exercise any of his powers under subsection (6) above unless he is satisfied that all steps which in the circumstances were reasonable have been taken with a view to securing that notice of the appeal and an opportunity of being heard with respect to it have been given to the council whose order under section 63 of this Act is the subject of the appeal.

(8) The sheriff may include in his decision on an appeal under this section such order as to the expenses of the appeal as he thinks proper.

(9) Any party to an appeal to the sheriff under this section may appeal on a point of law from the decision of the sheriff to the Court of Session within 28 days from the date of that decision.