Part VII Enforcement
Help for persons suffering discrimination
75 Assistance by Commission.
1
Where, in relation to proceedings or prospective proceedings either under this Act or in respect of an equality clause, an individual who is an actual or prospective complainant or claimant applies to the Commission for assistance under this section, the Commission shall consider the application and may grant it if they think fit to do so on the ground that—
a
the case raises a question of principle, or
b
it is unreasonable, having regard to the complexity of the case or the applicant’s position in relation to the respondent or another person involved or any other matter, to expect the applicant to deal with the case unaided,
or by reason of any other special consideration.
2
Assistance by the Commission under this section may include—
a
giving advice;
b
procuring or attempting to procure the settlement of any matter in dispute;
C1c
arranging for the giving of advice or assistance by a solicitor or counsel;
C1d
arranging for representation by any person including all such assistance 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,
F1e
any other form of assistance which the Commission may consider appropriate,
but paragraph (d) shall not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in, any proceedings.
3
In so far as expenses are incurred by the Commission 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 or regulations) shall constitute a first charge for the benefit of the Commission—
a
on any costs or expenses which (whether by virtue of a judgment or order of a court or tribunal 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 is given, and
b
so far as relates to any costs or expenses, on his rights under any compromise or settlement arrived at in connection with that matter to avoid or bring to an end any proceedings.
4
The charge conferred by subsection (3) is subject to any charge F2imposed by section 10(7) of the Access to justice Act 1999, or any charge or obligation for payment in priority to other debts under F3the Legal Aid (Scotland) Act 1986, and is subject to any provision in F4or made underF5either of those Acts for payment of any sum to the F6Legal Services Commissionor into the Scottish Legal Aid Fund.
5
In this section “respondent” includes a prospective respondent and “rules or regulations”—
a
in relation to county court proceedings, means county court rules;
b
in relation to sheriff court proceedings, means sheriff court rules;