The Costs Protection (Aarhus Convention) Regulations (Northern Ireland) 2013

Interpretation N.I.

2.—(1) In these Regulations—

“the Aarhus Convention” means the United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environment Matters done at Aarhus on 25 June 1998;

“an Aarhus Convention case” means an application [F1 by a member of the public (as defined by Article 2 of the Aarhus Convention)]

(a)

for judicial review under section 18 of the Judicature (Northern Ireland) Act 1978 M1 of a decision, act or omission all or part of which is subject to the provisions of the Aarhus Convention; or

(b)

for review under the provisions of any statutory provision to the [F2 court] of a decision, act or omission all or part of which is subject to the provisions of the Aarhus Convention; [F3 and “applicant” shall be construed accordingly;]

“court” means the High Court [F4 unless otherwise specified] ;

“free of charge” means otherwise than for or in expectation of fee, gain or reward;

“indemnity basis” has the meaning assigned to it by rules of court;

“legal representative” means a person exercising a right of audience or conducting litigation in an Aarhus Convention case.

(2) The Interpretation Act (Northern Ireland) 1954 M2 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Textual Amendments

F1 Words in reg. 2 inserted (14.2.2017) by The Costs Protection (Aarhus Convention) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/27), regs. 1, 3(2)(a)(i)

F2 Word in reg. 2 substituted (14.2.2017) by The Costs Protection (Aarhus Convention) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/27), regs. 1, 3(2)(a)(ii)

F3 Words in reg. 2 inserted (14.2.2017) by The Costs Protection (Aarhus Convention) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/27), regs. 1, 3(2)(a)(iii)

F4 Words in reg. 2 inserted (14.2.2017) by The Costs Protection (Aarhus Convention) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/27), regs. 1, 3(2)(b)

Marginal Citations

M1 1978 c.23. Section 18 was amended by Article 170(2) of and the Schedule to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675) (NI 26).

M2 1954 c.33 (NI).