Clause 15.—(APPEALS.) (Hansard, 11 February 1959)

§ The Solicitor-General for Scotland

I beg to move, in page 16, line 8, at the end to insert: Provided that on any appeal in a case falling under paragraph (g) of this subsection no question shall be raised which might have been raised on an appeal against the original order requiring the execution of the operations concerned. The purpose of this Amendment is to provide that where an appeal is made to the sheriff against a charging order it will not be open to the appellant to raise any questions which could and should have been raised, but were not raised, in the appeal against the original Order. This is merely to guard against time-delaying tactics by persons who try to raise at the last moment matters which they should have raised at a much earlier stage.

§ The Solicitor-General for Scotland

I beg to move, in page 16, line 15, to leave out from "may" to end of line 20 and to insert:

(a) if the appeal is in a case falling within paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) of this section, either confirm the decision or direct the substitution of such other decision as seems to him proper, having regard to the provisions of this Act and of any other Act relevant to the decision in question;
(b) if the appeal is in a case falling within any other provision of subsection (1) of this section, confirm, vary or quash the order as he thinks just and make such order in the matter as he considers equitable;

and the determination of the sheriff on any such appeal shall be binding on all parties, and shall be final. The purpose of this Amendment is to restrict the sheriff's equitable jurisdiction to cases where that is applicable; that is to say, to paragraphs (d) to (g) of Clause 15 (1). It ensures that, in the other cases, he will have to look, not at everything, in the broad sense, but at this Act, and the regulations which are made under it.