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Data Protection Act 2018

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This is the original version (as it was originally enacted).

175Provision of assistance in special purposes proceedings

This section has no associated Explanatory Notes

(1)An individual who is a party, or prospective party, to special purposes proceedings may apply to the Commissioner for assistance in those proceedings.

(2)As soon as reasonably practicable after receiving an application under subsection (1), the Commissioner must decide whether, and to what extent, to grant it.

(3)The Commissioner must not grant the application unless, in the Commissioner’s opinion, the case involves a matter of substantial public importance.

(4)If the Commissioner decides not to provide assistance, the Commissioner must, as soon as reasonably practicable, notify the applicant of the decision, giving reasons for the decision.

(5)If the Commissioner decides to provide assistance, the Commissioner must—

(a)as soon as reasonably practicable, notify the applicant of the decision, stating the extent of the assistance to be provided, and

(b)secure that the person against whom the proceedings are, or are to be, brought is informed that the Commissioner is providing assistance.

(6)The assistance that may be provided by the Commissioner includes—

(a)paying costs in connection with the proceedings, and

(b)indemnifying the applicant in respect of liability to pay costs, expenses or damages in connection with the proceedings.

(7)In England and Wales or Northern Ireland, the recovery of expenses incurred by the Commissioner in providing an applicant with assistance under this section (as taxed or assessed in accordance with rules of court) is to constitute a first charge for the benefit of the Commissioner—

(a)on any costs which, by virtue of any judgment or order of the court, are payable to the applicant by any other person in respect of the matter in connection with which the assistance is provided, and

(b)on any sum payable to the applicant under a compromise or settlement arrived at in connection with that matter to avoid, or bring to an end, any proceedings.

(8)In Scotland, the recovery of such expenses (as taxed or assessed in accordance with rules of court) is to be paid to the Commissioner, in priority to other debts—

(a)out of any expenses which, by virtue of any judgment or order of the court, are payable to the applicant by any other person in respect of the matter in connection with which the assistance is provided, and

(b)out of any sum payable to the applicant under a compromise or settlement arrived at in connection with that matter to avoid, or bring to an end, any proceedings.

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