Self-Governing Schools etc. (Scotland) Act 1989

6 (1) A parent who has made a reference under paragraph 3 of this Schedule may appeal to the sheriff having jurisdiction where the school is situated against the decision of an appeal committee on that reference.

(2) The board of management may, but the appeal committee shall not, be a party to an appeal under this paragraph.

(3) An appeal under this paragraph—

(a) shall be made by way of summary application;

(b) shall be lodged with the sheriff clerk within 28 days after the date of receipt of the decision of the appeal committee (which, if posted, shall, unless the contrary is proved, be presumed to have been received on the day after the date on which it was posted, except that a decision posted on a Friday or Saturday shall, unless the contrary is proved, be presumed to have been received on the Monday next following); and

(c) shall be heard in chambers.

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

(5) The sheriff may on an appeal under this paragraph confirm the board’s decision if he is satisfied—

(a) that one or more of the grounds of refusal specified in paragraph 2(2) of this Schedule exists or exist; and

(b) that, in all the circumstances, it is appropriate to do so,

but shall otherwise refuse to confirm their decision and shall, where he so refuses, require the board to admit the child.

(6) Sub-paragraphs (3) and (4) of paragraph 5 of this Schedule shall apply in relation to a judgment on an appeal under this paragraph as they apply in relation to a decision under that paragraph.

(7) The sheriff may make such order as to the expenses of an appeal under this paragraph as he thinks proper.

(8) The judgment of the sheriff on an appeal under this paragraph shall be final.