SCHEDULE 1CASES IN WHICH NO FEE IS PAYABLE

5.  Where:

(a)a request for which the prescribed fee has been paid is refused, and an appeal is made in respect of it;

(b)the appeal is dismissed; and

(c)within a period of 12 months beginning with the date of the dismissal of the appeal, a similar request is made –

no fee shall be payable in respect of that similar request.