Disability Rights Commission Act 1999(repealed)
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Change 1
8 Recovery of expenses of providing assistance.
(1) This section applies where— (a) the Commission has given an individual assistance under section 7 in relation to any proceedings; and (b) any costs or expenses (however described) have become payable to him by another person in respect of the matter in connection with which the assistance is given. (2) A sum equal to any expenses incurred by the Commission in providing the assistance shall be a first charge for the benefit of the Commission on the costs or expenses concerned. (3) It is immaterial for the purposes of this section whether the costs or expenses concerned are payable by virtue of a decision of a court or tribunal, an agreement arrived at to avoid proceedings or to bring them to an end, or otherwise. (4) The charge created by this section is subject to— (a) any charge imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission; and (b) any charge or obligation for payment in priority to other debts under the Legal Aid (Scotland) Act 1986 and any provision in that Act for payment of any sum into the Scottish Legal Aid Fund. (5) Provision may be made by regulations made by the Secretary of State for the determination of the expenses of the Commission in cases where this section applies.
8 Recovery of expenses of providing assistance.
(1) This section applies where— (a) the Commission has given an individual assistance under section 7 in relation to any proceedings; and (b) any costs or expenses (however described) have become payable to him by another person in respect of the matter in connection with which the assistance is given. (2) A sum equal to any expenses incurred by the Commission in providing the assistance shall be a first charge for the benefit of the Commission on the costs or expenses concerned. (3) It is immaterial for the purposes of this section whether the costs or expenses concerned are payable by virtue of a decision of a court or tribunal, an agreement arrived at to avoid proceedings or to bring them to an end, or otherwise. (4) The charge created by this section is subject to— (a) any charge imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission; and (b) any charge or obligation for payment in priority to other debts under the Legal Aid (Scotland) Act 1986 and any provision in that Act for payment of any sum into the Scottish Legal Aid Fund. (5) Provision may be made by regulations made by the Secretary of State for the determination of the expenses of the Commission in cases where this section applies.
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