Page:Marriage (Scotland) Act 2002 (ASP 2002-8 qp).pdf/2

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Marriage (Scotland) Act 2002 (asp 8)

(a) the kinds of place in respect of which approvals may be granted;

(b) the procedure to be followed in relation to applications for approval;

(c) the considerations to be taken into account by a local authority in determining whether to approve any places;

(d) the duration and renewal of approvals;

(e) the conditions that shall or may be imposed by a local authority on granting or renewing an approval;

(f) the determination and charging by local authorities of fees in respect of—

(i) applications for the approval of places;

(ii) the renewal of approvals; and

(iii) the attendance by authorised registrars at places approved under the regulations;

(g) the circumstances in which a local authority shall or may revoke or suspend an approval or vary any of the conditions imposed in relation to an approval;

(h) the notification to the Registrar General of all approvals granted, renewed, revoked, suspended or varied;

(i) the notification to the district registrar for the district in which a place approved under the regulations is situated of all approvals relating to such a place which are granted, renewed, revoked, suspended or varied;

(j) the keeping by the Registrar General, district registrars and local authorities of registers of places approved under the regulations; and

(k) the issue by the Registrar General of guidance supplementing the provision made by the regulations.

(3) A person who has made an application under regulations made under subsection (1) above may appeal, by summary application, to the sheriff against any decision made by a local authority in relation to the application (including any decision to revoke or suspend, or to vary any of the conditions imposed in relation to, an approval granted in pursuance of that application).

(4) An appeal under subsection (3) above may be made only on one or more of the following grounds—

(a) that the local authority’s decision was based on an error of law;

(b) that the local authority’s decision was based on an incorrect material fact;

(c) that the local authority has acted contrary to natural justice; or

(d) that the local authority has acted unreasonably in the exercise of its discretion.

(5) An appeal under subsection (3) above shall not, unless on good cause shown, be considered by the sheriff unless lodged with the sheriff clerk within 28 days of the date on which the local authority made the decision being appealed against.

(6) In upholding an appeal under subsection (3) above, the sheriff may—