# The Costs Protection (Aarhus Convention) Regulations (Northern Ireland) 2013, Regulation 3: Costs in Aarhus Convention cases

Extent: N.I.

(1) These Regulations shall not apply where the applicant—
(a) has not stated in the application that it is an Aarhus Convention case; or
(b) has stated in the application that the applicant does not wish these Regulations to apply.
(2) Subject to paragraphs (3) and (7), in an Aarhus Convention case, the court shall order that any costs recoverable from an applicant shall not exceed £5,000 where the applicant is an individual and £10,000 where the applicant is a legal person or an individual applying in the name of a legal entity or unincorporated association.
(3) The court may decrease the amount specified in paragraph (2) if it is satisfied that not doing so would make the costs of the proceedings prohibitively expensive for the applicant.
(4) Subject to paragraph (5) and regulation 4(3), in an Aarhus Convention case, the court shall order that the costs recoverable from a respondent shall not exceed £35,000.
(5) The court may increase the amount specified in paragraph (4) if it is satisfied that not doing so would make the costs of the proceedings prohibitively expensive for the applicant.
(6) The court may exercise its powers under paragraphs (3) and (5) on an application brought by an applicant.
(7) Where the applicant is or was represented by a legal representative and this representation is or was provided free of charge, in whole or in part, even if the applicant is or was also represented by a legal representative not acting free of charge, the court shall order the respondent to make a payment in respect of such part of the recoverable costs as it considers just to the Law Society of Northern Ireland, the Bar of Northern Ireland or both, as the court considers appropriate, to support the provision of free legal services.
(8) The amount payable under paragraph (7) shall not exceed the amount which an applicant would have recovered under paragraph (4) or an order made under paragraph (5) had the representation of the applicant not been provided free of charge.
(9) Where the court makes an order under paragraph (7) the applicant shall send a copy of the order to the Law Society of Northern Ireland and, or the Bar of Northern Ireland as is appropriate within 7 days of receipt of the order.
(10) The amounts specified in paragraphs (2) and (4) do not include value added tax.

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Source: https://www.legislation.gov.uk/nisr/2013/81/regulation/3 (the official version)
Page: https://openlegislation.uk/costs-protection-aarhus-convention-regulations-northern-ireland-2013/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.