Commentary on Parts Local authority decisions: notice and appeals
181.Section 158 sets out the procedures for the service of notice of decisions on HMO licensing made by local authorities. Such notices must give the local authority’s reasons for its decision, and set out the effect of the decision, when it comes into effect, and the arrangements for appeal. Section 159 deals with procedures for appeals against the decisions referred to in section 158. Any person on whom the local authority is required to serve notice of a decision has the right to appeal against the decision to the sheriff. They must do so within 28 days, although the sheriff may decide to hear a late appeal. The sheriff may confirm, vary or quash the decision of the local authority, or (except for a decision to make an HMO amenity notice) may remit it back to the authority for reconsideration. The sheriff’s decision may be appealed to the sheriff principal. The decision of the sheriff principal is final.