Grounds of appeal

Section 324 of the 2003 Act specifies the grounds upon which an appeal may be made to the Sheriff Principal or the Court of Session. The grounds of appeal are:

• that the Tribunal decision was based on an error of law;
• that there has been a procedural impropriety in the conduct of any hearing by the Tribunal on the application;
• that the Tribunal has acted unreasonably in the exercise of its discretion;
• that the Tribunal’s decision was not supported by the facts found to be established by the Tribunal.

It should be noted that section 324(3) of the 2003 Act provides that the Tribunal may be a party to an appeal. What this means is that the Tribunal may enter the appeal proceedings and lodge answers to the appeal (oppose the appeal).  A representative of the Tribunal may appear before the court and make legal submissions in relation to the grounds of appeal.