COUNCILLOR PAUL DELANEY v. THE STANDARDS COMMISSION FOR SCOTLAND & THE POST OFFICE OF THE PUBLIC STANDARDS COMMISSIONER [2012] ScotSC 3 (06 January 2012)

COUNCILLOR PAUL DELANEY v. THE STANDARDS COMMISSION FOR SCOTLAND & THE POST OFFICE OF THE PUBLIC STANDARDS COMMISSIONER [2012] ScotSC 3 (06 January 2012)

Section 22(4) of the Ethical Standards in Public Life etc (Scotland) Act 2000 prescribes a mandatory 21-day time limit for appeals to the Sheriff Principal, and there is no discretion to allow an appeal to be received late. The appellant's motion to allow a late appeal must therefore be refused.

Citation
[2012] ScotSC 3
Parties
Appellant: Councillor Paul Delaney; First Respondent: The Standards Commission for Scotland; Second Respondent: The Office of the Public Standards Commissioner; Interested Party: North Lanarkshire Council
Jurisdiction
Scotland
Judgment Date
06 January 2012
Procedural Posture
Statutory Appeal / Motion to Allow Late Appeal
Outcome
appeal dismissed
Legal Topics
Statutory Time Limits, Appeals, Public Standards, Mandatory Vs Directory Provisions
Administrative Law Local Government Law Statutory Time Limits Appeals Public Standards Mandatory Vs Directory Provisions

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Parties

Councillor Paul Delaney

Appellant

The Standards Commission for Scotland

First Respondent

The Office of the Public Standards Commissioner

Second Respondent

North Lanarkshire Council

Interested Party

Procedural Posture

Statutory Appeal / Motion to Allow Late Appeal

Legal Issues

  1. 1 Whether the Sheriff Principal has discretion to allow a statutory appeal to be received late under section 22(4) of the Ethical Standards in Public Life etc (Scotland) Act 2000
  2. 2 Whether the statutory time limit for appeal is mandatory or directory
  3. 3 Whether exceptional personal circumstances justify late lodging of appeal

Ratio Decidendi

Section 22(4) of the Ethical Standards in Public Life etc (Scotland) Act 2000 prescribes a mandatory 21-day time limit for appeals to the Sheriff Principal, and there is no discretion to allow an appeal to be received late. The appellant's motion to allow a late appeal must therefore be refused.

Court Disposition

appeal dismissed

Orders

  • Appellant's motion to allow late appeal refused
  • Appeal dismissed