CHAPTER 6 Appeal procedure
The recommended appeal procedure for each of the appeals in 3.1 is set out in 5.2 and 5.3 above.
If agreement cannot be reached locally on any matter arising under any part of 3.1 of the appeals procedure, the appeal should be referred for review on the following basis:
6.1 Procedure for Appeals against penalties under S115 & 115A
An undertaker given directions under S115 or S115A may appeal within 28 days of the direction having been given to the Commissioner.
The Commissioner shall fix a date for the hearing within 14 days from receipt of the appeal.
The decision of the Commissioner, together with a statement of reasons, shall be notified to interested parties within 7 days of the decision having being made.
With the agreement of both parties, the Commissioner may determine an appeal by written submission within 7 days of the direction having been given. This provision is encouraged.
The decision of the Commissioner is final.
6.2 Procedure for Appeals against the imposition of penalties by the Scottish Road Works Commissioner under S119A
A road works authority or an undertaker on whom a penalty has been imposed may appeal to the Sheriff within 21 days.
The Sheriff may include in the decision of the appeal costs incurred through appeal.
A further appeal can be made on a point of law to the Sheriff Principal within 21 days.
The decision of the Sheriff Principal is final.
6.3 Roads (Scotland) Act 1984
Appeals allowed under the Roads (Scotland) Act 1984 as amended by the Transport (Scotland) Act 2005 are not part of the above procedures.