Charging8
1
Subject to paragraphs (2) to (8), where a Scottish public authority is under a duty to make environmental information available under regulation 5(1), it may charge a fee for so doing.
2
A Scottish public authority shall not charge a fee for allowing an applicant to–
a
access any public registers or lists of environmental information held by it; or
b
examine the information requested at a place which the authority makes available for that purpose.
3
Fees charged under paragraph (1) shall not exceed a reasonable amount and in any event shall not exceed the costs to the authority of producing the information requested.
4
A Scottish public authority may require that payment of the whole or part of a fee under paragraph (1) be made in advance of making information available.
5
Where a Scottish public authority imposes a requirement under paragraph (4) it shall notify the applicant in writing.
6
Where a Scottish public authority has notified an applicant that advance payment is required under paragraph (5) then that authority is not obliged to–
a
make the information requested available under regulation 5(1); or
b
comply with regulations 6, 7 or 13,
unless the fee is paid; and any such fee must be paid within a period of 60 working days beginning with the day on which the authority gave such notification.
7
No working day from and including the day on which notice under paragraph (5) is given up to and including the day on which a fee is paid shall count for the purposes of determining any period of working days in accordance with regulations 5(2)(a), 6(2)(a) and 13(a).
8
A Scottish public authority shall publish and make available to applicants–
a
a schedule of its fees; and
b
information on the circumstances in which a fee may be charged, waived or required to be paid in advance.