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An extract from chapter 8 The certification system relating to section 1 firearms
8.119 I consider that the more appropriate approach is to recognise the discretion of the chief officer of police, retain the courts as the avenue for appeal, and limit the scope of appeal to enumerated grounds which between them should cover the areas in which there should be room left for appeal. Purely by way of illustration I would draw attention to the fact that under the Licensing (Scotland) Act 1976 and the Civic Government (Scotland) Act 1982 the scope for appeal to the sheriff against a decision of the licensing board or, as the case may be, the local authority, is limited to cases in which the decision-makers (i) have erred in law; (ii) have based their decision on an incorrect material fact; (iii) have acted in a manner contrary to the requirements of natural justice; or (iv) have exercised their discretion in an unreasonable manner. I recommend that consideration be given to reforming the scope for appeal on these lines, although I appreciate that the exact terms in which it should be cast is a matter for further study and consultation.
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