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Equality Act 2006
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Equality Act 2006, Section 29 is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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29Legal assistance: costsE+W+S
This section has no associated Explanatory Notes
(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 [F1section 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 [F2Secretary 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
F1Words 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)
F2Words 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)
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