The Scottish Road Works Commissioner (Imposition of Penalties) Regulations 2007

Appeals S

8.—(1) A road works authority or an undertaker on whom a penalty has been imposed under regulation 3 may appeal to the sheriff against the imposition of the penalty by the Commissioner.

(2) An appeal to the sheriff under this regulation shall be by way of summary application.

(3) The period within which an appeal under this regulation may be brought shall be 28 days from the date on which written notice in terms of regulation 6 was served on the road works authority or undertaker as the case may be.

(4) The sheriff may–

(a) dismiss the appeal;

(b) allow the appeal and quash the imposition of a penalty;

(c) substitute for the level of penalty imposed by the Commissioner a different level of penalty not exceeding £50,000; or

(d) remit the case to the Commissioner to dispose of the case in accordance with the directions of the court.

(5) Any party to an appeal to the sheriff under this regulation may appeal on a point of law from the decision of the sheriff to the sheriff principal within 21 days from the date of that decision.

Commencement Information

I1 Reg. 8 in force at 1.10.2007, see reg. 1