Coronavirus (COVID-19): local authority directions

Guidance for local authorities on giving directions relating to specified premises, events and public outdoor places in response to threats posed by COVID-19.

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Appeals

In these Regulations the appeals process against a direction is not described.

Therefore, if a business or person wishes to appeal, then a summary application (Form 1) must be lodged with the Sheriff Clerk within 21 days, although the Sheriff may permit late applications where there is good reason.  A summary application must be in the prescribed form of an initial writ for which a court fee would be payable. See details of the fees applicable.

The Sheriff will consider whether the Direction has been applied for a reason that is allowed by the Regulations, and is a reasonable and proportionate response to the circumstances. If the Sheriff finds this not to the case, then the Direction will be quashed. 

For the avoidance of doubt, a Direction remains in force during an appeals process.

 

 

 

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