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The Court of Session etc. Fees Order 2022

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Exemptions for certain proceedings relating to the environment

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7.—(1) The fees provided for by this Order are not payable by a person in—

(a)an appeal to the Court of Session under section 56 of the Freedom of Information (Scotland) Act 2002(1) as modified by regulation 17 of the Environmental information (Scotland) Regulations 2004(2),

(b)relevant proceedings which include a challenge to a decision, act or omission on grounds subject to the provisions of Article 6 of the Aarhus Convention,

(c)relevant proceedings which include a challenge to an act or omission on the grounds that it contravenes the law relating to the environment.

(2) In this article—

“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 Environmental Matters done at Aarhus, Denmark on 25 June 1998,

“relevant proceedings” means—

(a)

applications to the supervisory jurisdiction of the court, including applications under section 45(b) (specific performance of a statutory duty) of the Court of Session Act 1988(3),

(b)

appeals under statute to the Court of Session.

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