Housing Act 1985

170 Power to give assistance in connection with legal proceedings. E+W

(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 [F1 right 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 under the [F2 Legal Aid Act 1988] and to any provision of that Act for payment of any sum [F3 to the Legal Aid Board].

(6) References in this section to a solicitor include the Treasury Solicitor.

Textual Amendments

F1 Words 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)).

F2 Words substituted by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 5 para. 20(a)

F3 Words substituted by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 5 para. 20(b)

Modifications etc. (not altering text)

C1 S. 170 applied by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 5(6)

C2 S. 170(4)(c)(d) amended (1.1.1992) by S.I. 1991/2684, arts. 2(1), 4, 5, Sch. 1