Air weapon licensing in Scotland: guide

15. Appeals

The 2015 Act sets out the decisions and determinations which fall to the Chief Constable of Police Scotland.

Section 34 of the 2015 Act provides a right of appeal to a Sheriff for any person who is aggrieved by a decision of the Chief Constable under any of the following sections

They are:

• section 5(1) - grant or renewal of air weapon certificate
• section 6(2) - air weapon certificate: conditions
• section 7(3)(b) - special requirements and conditions for young person's air weapon certificate
• section 10(1) - variation of air weapon certificate
• section 11(1)(a) or (2) - revocation of air weapon certificate
• section 12(1) - police permits
• section 13(1) or (6) - visitor permits
• section 14(3)(b) or (4)(b) - visitor permits: young persons
• section 15(2) - police and visitor permits: conditions
• section 16(1) - police and visitor permits: variation and revocation
• section 17(1) or (2) - event permits
• section 18(1), (3) or (5) - approval of air weapon clubs
• section 19(1) - variation of approval for air weapon clubs
• section 29(9)(b) - forfeiture and disposal of air weapons

Any appeal must be made within the period of 21 days of the date on which the decision was made.

An appeal under this section is to be determined on the merits of the case and not by way of review of the decision. The Sheriff may consider any evidence or other matter, whether or not it was available at the time the decision was made and may either dismiss the appeal or give the Chief Constable such direction as the Sheriff considers appropriate as respects the matter which is the subject of the appeal.

The decision of the Sheriff may be appealed against, but only on a point of law.