PART 2Payment of fees

Waiving or reducing of fees

4.—(1) The Scottish Ministers may waive or reduce any appeal fee payable under regulation 3 in accordance with the provisions of this regulation.

(2) The Scottish Ministers may only waive or reduce a fee following the publication of a charter setting out the circumstances in which the Scottish Ministers will consider waiving or reducing a fee payable to them.

(3) The charter must include but is not limited to the circumstances—

(a)where the appeal relates to development which, in the opinion of the Scottish Ministers, has the primary purpose of contributing to a not for profit enterprise or a social enterprise, and

(b)where the appeal relates to development which, in the opinion of the Scottish Ministers, is likely to contribute to improving the health of residents of the area to which the appeal relates.

(4) In waiving or reducing any fee payable, the Scottish Ministers must state the reasons for doing so on any decision notice.

(5) A charter produced by the Scottish Ministers under paragraph (2) must be published by means of the internet.

(6) For the purposes of paragraph (3) “not for profit enterprise” and “social enterprise” have the meanings in section 252(1F) of the Act(1).