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Housing Act 1985, Section 170 is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies to—
(a)proceedings under this Part or to determine a question arising under or in connection with this Part, and
(b)proceedings to determine a question arising under or in connection with a conveyance or grant executed in pursuance of this Part,
other than proceedings to determine a question as to the value of a dwelling-house (or part of a dwelling-house).
(2)A party or prospective party to proceedings or prospective proceedings to which this section applies, who—
(a)has claimed to exercise or has exercised the right to buy or the [F1right to acquire on rent to mortgage terms], or
(b)is a successor in title of a person who has exercised either of those rights,
may apply to the Secretary of State for assistance under this section.
(3)The Secretary of State may grant the application if he thinks fit to do so on the ground—
(a)that the case raises a question of principle, or
(b)that it is unreasonable having regard to the complexity of the case, or to any other matter, to expect the applicant to deal with it without such assistance,
or by reason of any other special consideration.
(4)Assistance by the Secretary of State under this section may include—
(a)giving advice.
(b)procuring or attempting to procure the settlement of the matter in dispute,
(c)arranging for the giving of advice or assistance by a solicitor or counsel,
(d)arranging for representation by a solicitor or counsel, including such asistance as is usually given by a solicitor or counsel in the steps preliminary or incidental to any proceedings, or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings, and
(e)any other form of assistance which the Secretary of State may consider appropriate;
but paragraph (d) does not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any proceedings.
(5)In so far as expenses are incurred by the Secretary of State in providing the applicant with assistance under this section, the recovery of those expenses (as taxed or assessed in such manner as may be prescribed by rules of court) shall constitute a first charge for the benefit of the Secretary of State—
(a)on any costs which (whether by virtue of a judgment or order of a court or an agreement or otherwise) are payable to the applicant by any other person in respect of the matter in connection with which the assistance was given, and
(b)so far as relates to any costs, on his rights under any compromise or settlement arrived at in connection with that matter to avoid or bring to an end any proceedings;
but subject to any charge [F2imposed by [F3section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012] and any provision in, or made under, Part I of that Act for the payment of any sum to the [F4Lord Chancellor]].
(6)References in this section to a solicitor include the Treasury Solicitor.
Textual Amendments
F1Words in s. 170(2) substituted (11.10.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 18; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).
F2Words in s. 170(5) substituted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 para. 37 (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/774, art. 2(a)(ii)(iii) (with transitional provisions and savings in arts. 3-5)
F3Words in s. 170(5) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 33(a); S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
F4Words in s. 170(5) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 33(b); S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
Modifications etc. (not altering text)
C1S. 170 applied by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 5(6)
C2S. 170(4)(c)(d) amended (1.1.1992) by S.I. 1991/2684, arts. 2(1), 4, 5, Sch. 1
C3S. 170(4)(c)(d) applied (with modifications) (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), art. 1(2), Sch. 2
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