Antisocial Behaviour etc. (Scotland) Act 2004, Section 36 is up to date with all changes known to be in force on or before 14 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)A person who was a party to the proceedings in which the order or decision (as the case may be) was given may appeal against—
(a)a closure order;
(b)an order extending a closure order;
(c)a decision to refuse to make—
(i)a closure order; or
(ii)an order extending a closure order;
(d)a decision to revoke a closure order;
(e)a decision to refuse to revoke a closure order;
(f)an order under section 34(1);
(g)a decision to refuse to make an order under section 34(1);
(h)an order under section 35(1); or
(i)a decision to refuse to make an order under section 35(1).
(2)An appeal under this section shall be made to the sheriff principal and shall be made within the period of 21 days beginning with the day on which the order or decision appealed against was made.
(3)On an appeal under this section, the sheriff principal may make any order the sheriff principal considers appropriate.
(4)The decision of the sheriff principal on an appeal under this section shall be final.
(5)In subsection (1), “order extending a closure order” means an order made under section 32(1) [F1or (1A)].
Textual Amendments
F1Words in s. 36(5) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(6), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)
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