Part VIII Enforcement
Help for persons suffering discrimination
66 Assistance by Commission.
1
Where, in relation to proceedings or prospective proceedings under this Act, 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—
a
on the ground that the case raises a question of principle; or
b
on the ground that it is unreasonable, having regard to the complexity of the case, or to the applicant’s position in relation to the respondent or another person involved, or to any other matter, to expect the applicant to deal with the case unaided; or
c
by reason of any other special consideration.
C12
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;
c
arranging for the giving of advice or assistance by a solicitor or counsel;
d
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;
e
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
Where under subsection (1) an application for assistance under this section is made in writing, the Commission shall, within the period of two months beginning when the application is received—
a
consider the application after making such enquiries as they think fit; and
b
decide whether or not to grant it; and
c
inform the applicant of their decision, stating whether or not assistance under this section is to be provided by the Commission and, if so, what form it will take.
4
If, in a case where subsection (3) applies, the Commission within the period of two months there mentioned give notice to the applicant that, in relation to his application—
a
the period of two months allowed them by that subsection is by virtue of the notice extended to three months; and
b
the reference to two months in section 68(3) is by virtue of the notice to be read as a reference to three months,
subsection (3) and section 68(3) shall have effect accordingly.
5
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.
6
The charge conferred by subsection (5) is subject to any charge under the F1Legal Aid Act 1988, or any charge or obligation for payment in priority to other debts under F2the M1Legal Aid and Advice (Scotland) Acts 1967 M2 and 1972F2the Legal Aid (Scotland) Act 1986, and is subject to any provision in F3either of those Acts for payment of any sum to the Legal Aid Board or into the Scottish Legal Aid Fund.
7
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;