C1Part VII Finance
Accounts and audit
C2103JF1 Appeals from Commission
1
An officer or member of a local authority—
a
who is the subject of a finding under section 103F(1) of this Act;
b
on whom a sanction under section 103F(2)(a), (b) or (c) of this Act has been imposed;
c
who has been suspended under section 103G(2) of this Act,
may appeal to the sheriff principal of the sheriffdom in which the authority has its principal office.
2
An appeal—
a
under subsection (1)(a) above may be made on one or more of the following grounds—
i
that the Commission’s finding was based on an error of law;
ii
that there has been procedural impropriety in the conduct of any hearing held under section 103B(1)(b) of this Act;
iii
that the Commission has acted unreasonably in the exercise of its discretion;
iv
that the Commission’s finding was not supported by the facts found to be proved by the Commission;
b
under subsection (1)(b) above may be made on one or more of the following grounds—
i
that the sanction imposed was excessive;
ii
that the Commission has acted unreasonably in the exercise of its discretion;
c
under subsection (1)(c) above may be made only on the ground that the Commission has acted unreasonably in the exercise of its discretion.
3
An appeal under subsection (1) above shall be lodged within 21 days of—
a
the sending of the finding under section 103F(1) of this Act to the officer or member;
b
the imposition of the sanction under section 103F(2) of this Act; or, as the case may be,
c
the imposition of suspension under section 103G(2) of this Act.
4
A finding made or sanction imposed by the Commission continues to have effect notwithstanding the lodging of an appeal under subsection (1) above.
5
The sheriff principal may—
a
in an appeal under subsection (1)(a) above—
i
confirm the finding under section 103F(1) of this Act;
ii
quash the finding;
iii
quash the finding and remit the matter to the Commission to reconsider its decision;
b
in an appeal under subsection (1)(b) above—
i
confirm the sanction;
ii
quash the sanction and either substitute a lesser sanction or remit the matter back to the Commission;
c
in an appeal under subsection (1)(c) above, quash the suspension;
d
award expenses.
6
The decision of the sheriff principal under subsection (1) above is a final judgment for the purposes of F2section 114(1) (appeal from the sheriff principal to the Court of Session) of the Courts Reform (Scotland) Act 2014 .
7
In an appeal from the sheriff principal by virtue of subsection (6) above, the Court of Session has the powers specified in subsection (5) above.
8
The Commission may be a party to an appeal under subsection (1) above and in any appeal from the decision of the sheriff principal.
Pt. VII (ss. 93-122) modified by S.I. 1975/930, regs. 2, 3 and Water (Scotland) Act 1980 (c. 45), s. 48(1)
Pt. VII (ss. 93-122) extended by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 25(2), Sch. 5 Pt. II para. 22(b)
Pt. VII (ss. 93-122) applied and power to modify conferred (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11 Pt. II para. 23(b).
Pt. VII (ss. 93-122) extended (6.3.1992) by Local Government Act 1992 (c. 19), s. 29(1).
Pt. VII (ss. 93-122) applied (27.5.1997) by 1997 c. 8, ss. 261(3)(4), 278(2)