Scottish Court Fees 2026-2027 - Equality Impact Assessment

Stage 3: Assessing the impacts and identifying opportunities to promote equality

Do you think that the policy impacts on people because of their age?

Age

Eliminating unlawful discrimination, harassment and victimisation

Positive

-

Negative

-

None

X

Age

Advancing equality of opportunity

Positive

-

Negative

-

None

X

Age

Promoting good relations among and between different age groups

Positive

-

Negative

-

None

X

Reasons for your decision

In considering the impact of the fees increases on specific groups, the Scottish Government considers that affordability would be the main issue. If some groups identified by age typically earn less than average, the Scottish Government considers that assistance from legal aid and the available exemptions ensure that these groups would be protected from the proposed fee increase. Particular fees, such as the fee for seeking a power of attorney, have been identified as of greater relevance to older people, although fee exemptions may apply in these cases.

Do you think that the policy impacts disabled people?

Age

Eliminating unlawful discrimination, harassment and victimisation

Positive

-

Negative

-

None

X

Age

Advancing equality of opportunity

Positive

-

Negative

-

None

X

Age

Promoting good relations among and between different age groups

Positive

-

Negative

-

None

X

Reasons for your decision

In considering the impact of the fees increases on specific groups, the Scottish Government considers that affordability would be the main issue. If some groups identified by age typically earn less than average, the Scottish Government considers that assistance from legal aid and the available exemptions ensure that these groups would be protected from the proposed fee increase. Particular fees, such as the fee for seeking a power of attorney, have been identified as of greater relevance to older people, although fee exemptions may apply in these cases.

Do you think that the policy impacts on men and women in different ways?

Gender

Eliminating unlawful discrimination

Positive

-

Negative

-

None

X

Gender

Advancing equality of opportunity

Positive

-

Negative

-

None

X

Gender

Promoting good relations between men and women

Positive

-

Negative

-

None

X

Reasons for your decision

In considering the impact of the fees increases on specific groups, the Scottish Government considers that affordability would be the main issue. If some groups identified by gender typically earn less than average, the Scottish Government considers that assistance from legal aid and the available exemptions ensure that these groups would be protected from the proposed fee increase. Evidence suggests that divorce fees are more often paid by women and fees can be particularly onerous for women who are leaving abusive relationships. Exemptions from court fees can be applied for in cases where a person is seeking a specified interdict or an exclusion order.

On the other hand it should be acknowledged that particular types of action, such as the number of claims for equal pay are more likely to be brought by women and therefore any rise in court fees would accordingly have more impact. That said, again, equal pay claims are often brought forward by those on lower incomes who would potentially qualify for exemption for fees through legal aid.

Do you think your policy impacts on trans people?

Gender reassignment

Eliminating unlawful discrimination

Positive

-

Negative

-

None

X

Gender reassignment

Advancing equality of opportunity

Positive

-

Negative

-

None

X

Gender reassignment

Promoting good relations

Positive

-

Negative

-

None

X

Reasons for your decision

In considering the impact of the fees increases on specific groups the Scottish Government considers that affordability would be the main issue. If some groups identified by gender typically earn less than average, the Scottish Government considers that assistance from legal aid and the available exemptions ensure that these groups would be protected from the proposed fee increase.

Do you think that the policy impacts on people because if they are lesbian, gay or bisexual?

Sexual orientation

Eliminating unlawful discrimination

Positive

-

Negative

-

None

X

Sexual orientation

Advancing equality of opportunity

Positive

-

Negative

-

None

X

Sexual orientation

Promoting good relations

Positive

-

Negative

-

None

X

Reasons for your decision

In considering the impact of the fees increases on specific groups, the Scottish Government considers that affordability would be the main issue. If some groups identified by sexual orientation typically earn less than average, the Scottish Government considers that assistance from legal aid and the available exemptions ensure that these groups would be protected from the proposed fee increase.

Do you think the policy impacts on people on the grounds of their race?

Race

Eliminating unlawful discrimination

Positive

-

Negative

-

None

X

Race

Advancing equality of opportunity

Positive

-

Negative

-

None

X

Race

Promoting good race relations

Positive

-

Negative

-

None

X

Reasons for your decision

In considering the impact of the fees increases on specific groups, the Scottish Government considers that affordability would be the main issue. If some groups identified by race typically earn less than average, the Scottish Government considers that assistance from legal aid and the available exemptions ensure that these groups would be protected from the proposed fee increase.

Do you think the policy impacts on people because of their religion or belief?

Religion and Belief

Eliminating unlawful discrimination

Positive

-

Negative

-

None

X

Religion and Belief

Advancing equality of opportunity

Positive

-

Negative

-

None

X

Religion and Belief

Promoting good relations

Positive

-

Negative

-

None

X

Reasons for your decision

In considering the impact of the fees increases on specific groups, the Scottish Government considers that affordability would be the main issue. If some groups identified by religion or belief typically earn less than average, the Scottish Government considers that assistance from legal aid and the available exemptions ensure that these groups would be protected from the proposed fee increase.