C1Part VII Finance

Annotations:
Modifications etc. (not altering text)

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.