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Change 1
As published
16AB Appeals relating to section 16AA licences
(1) A person may appeal to the appropriate sheriff against a decision of the relevant authority to—
(a) refuse to grant to the person a section 16AA licence,
(b) attach a condition to the person’s section 16AA licence,
(c) modify, suspend or revoke the person’s section 16AA licence.
(2) An appeal under this section must be made within the period of 21 days beginning with the day on which notice of the decision being appealed against was given.
(3) An appeal under this section is to be determined on the merits rather than by way of review.
(4) The sheriff hearing the appeal may consider any evidence or other matter, whether or not it was available at the time the relevant authority made the decision being appealed against.
(5) Where a summary sheriff is hearing an appeal, the summary sheriff is to have the same power to make an interim order under section 88(1) of the Courts Reform (Scotland) Act 2014 as a sheriff hearing the appeal would have.
(6) On determining the appeal, the sheriff may—
(a) dismiss the appeal, or
(b) give the relevant authority such direction as the sheriff considers appropriate in respect of the decision that is the subject of the appeal.
(7) The determination of the sheriff may be appealed against only on a point of law.
(8) In this section—
“appropriate sheriff” means—
in a case where the appellant resides in Scotland, a sheriff or summary sheriff of the sheriffdom in which the appellant resides, or
in a case where the appellant resides outwith Scotland, a sheriff or summary sheriff of the sheriffdom of Lothian and Borders, sitting at Edinburgh,
“relevant authority” means—
the Scottish Ministers, or
where the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to licences, Scottish Natural Heritage,
“section 16AA licence” is to be construed in accordance with section 16AA(1).
Your change, as a redline
16AB Appeals relating to section 16AA licences
(1) A person may appeal to the appropriate sheriff against a decision of the relevant authority to—
(a) refuse to grant to the person a section 16AA licence,
(b) attach a condition to the person’s section 16AA licence,
(c) modify, suspend or revoke the person’s section 16AA licence.
(2) An appeal under this section must be made within the period of 21 days beginning with the day on which notice of the decision being appealed against was given.
(3) An appeal under this section is to be determined on the merits rather than by way of review.
(4) The sheriff hearing the appeal may consider any evidence or other matter, whether or not it was available at the time the relevant authority made the decision being appealed against.
(5) Where a summary sheriff is hearing an appeal, the summary sheriff is to have the same power to make an interim order under section 88(1) of the Courts Reform (Scotland) Act 2014 as a sheriff hearing the appeal would have.
(6) On determining the appeal, the sheriff may—
(a) dismiss the appeal, or
(b) give the relevant authority such direction as the sheriff considers appropriate in respect of the decision that is the subject of the appeal.
(7) The determination of the sheriff may be appealed against only on a point of law.
(8) In this section—
“appropriate sheriff” means—
in a case where the appellant resides in Scotland, a sheriff or summary sheriff of the sheriffdom in which the appellant resides, or
in a case where the appellant resides outwith Scotland, a sheriff or summary sheriff of the sheriffdom of Lothian and Borders, sitting at Edinburgh,
“relevant authority” means—
the Scottish Ministers, or
where the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to licences, Scottish Natural Heritage,
“section 16AA licence” is to be construed in accordance with section 16AA(1).
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