The Equality (Disability, etc.) (Northern Ireland) Order 2000

Recovery of expenses of providing assistance N.I.

10.—(1) This Article applies where—

(a) the Commission has given an individual assistance under Article 9 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 Article 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 Article is subject to any charge [F1 imposed by Article 17(7) of the Access to Justice (Northern Ireland) Order 2003] and is subject to any provision [F2 in, or made under, Part II of that Order for the payment of any sum to the Department of Justice.].

(5) Provision may be made by regulations made by the Office for the determination of the expenses of the Commission in cases where this Article applies.

F1 Words in art. 10(4) substituted (1.4.2015) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435), art. 49(1), Sch. 4 para. 16(a); S.R. 2015/194, art. 2, Sch. (with art. 3)

F2 Words in art. 10(4) substituted (1.4.2015) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435), art. 49(1), Sch. 4 para. 16(b) (as amended (18.11.2014) by Legal Aid and Coroners’ Courts Act (Northern Ireland) 2014 (c. 11), Sch. 2 para 6(43)(a)(xi)); S.R. 2015/194, art. 2, Sch. (with art. 3)