Equality Act 2006

29 Legal assistance: costs E+W+S

(1) This section applies where—

(a) the Commission has assisted an individual under section 28 in relation to proceedings, and

(b) the individual becomes entitled to some or all of his costs in the proceedings (whether by virtue of an award or by virtue of an agreement).

(2) The Commission's expenses in providing the assistance—

(a) shall be charged on sums paid to the individual by way of costs, and

(b) may be enforced as a debt due to the Commission.

(3) A requirement to pay money to the Commission under subsection (2) ranks, in England and Wales, after a requirement imposed by virtue of [F1 section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (statutory charge in connection with civil legal aid)].

(4) Subsection (2), in its application to Scotland, shall not affect the operation of section 17(2A) of the Legal Aid (Scotland) Act 1986 (c. 47) (requirement in certain cases to pay to the Scottish Legal Aid Board sums recovered under awards of, or agreements as to, expenses).

(5) For the purposes of subsection (2) the Commission's expenses shall be calculated in accordance with such provision (if any) as the [F2 Secretary of State] makes for the purpose by regulations; and regulations may, in particular, provide for the apportionment of expenditure incurred by the Commission—

(a) partly for one purpose and partly for another, or

(b) for general purposes.

(6) In the application of this section to Scotland a reference to costs shall be taken as a reference to expenses.

Textual Amendments

F1 Words in s. 29(3) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 67; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F2 Words in s. 29(5) substituted (18.8.2010) by Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), art. 1(2), Sch. para. 7(2)(h)