SCHEDULES
SCHEDULE 2 Control of Sex Shops
Appeals
24
1
Subject to sub-paragraph (2) below, a person who may, under this Schedule, require a F1local authority to give him reasons for their decision may appeal to the sheriff against that decision.
2
A person—
a
shall be entitled to appeal under this paragraph only if he has followed all such procedures under this Schedule for stating his case to the F1local authority as have been made available to him;
b
shall not be entitled to appeal under this paragraph if his application for the grant or renewal of a licence under this Schedule has been refused on either of the grounds specified in paragraph 9(5)(c) or (d) above.
3
A F1local authority may be a party to an appeal under this paragraph.
4
An appeal under this paragraph shall be made by way of summary application and shall be lodged with the sheriff clerk within 28 days from the date of the decision appealed against.
5
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 (4) above.
6
For the purposes of an appeal under this paragraph, the sheriff may, in the case of a decision of a F1local authority for which reasons have not been given by the F1authority under paragraph 23 above, require the F1 authority to give reasons for that decision, and the F1authorityshall comply with such a requirement.
7
The sheriff may uphold an appeal under this paragraph only if he considers that the F1local authority, in arriving at their decision—
a
erred in law;
b
based their decision on any incorrect material fact;
c
acted contrary to natural justice; or
d
exercised their discretion in an unreasonable manner.
8
In considering an appeal under this paragraph, the sheriff may hear evidence by or on behalf of any party to the appeal.
9
On upholding an appeal under this paragraph, the sheriff may—
a
remit the case with the reasons for his decision to the F1local authority for reconsideration of their decision; or
b
reverse or modify the decision of the F1authority,
and on remitting a case under sub-paragraph (a) above, the sheriff may—
i
specify a date by which the reconsideration by the council must take place;
ii
modify any procedural steps which otherwise would be required in relation to the matter by or under any enactment (including this Act).
10
In considering an appeal under this paragraph against revocation under paragraph 13(8) above of a licence the sheriff may, pending his decision on the appeal, postpone the taking effect of that revocation but he shall not so postpone unless he is satisfied that all steps which in the circumstances were reasonable have been taken with a view to securing that notice of the appeal and an opportunity of being heard with respect to it have been given to the council.
11
The sheriff may include in his decision on an appeal under this paragraph such order as to the expenses of the appeal as he thinks proper.
12
Any party to an appeal to the sheriff under this paragraph may appeal on a point of law from the sheriff’s decision to the Court of Session within 28 days from the date of that decision.