SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976

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SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 75



75.(1) Where, in relation to proceedings or prospective proceedings either
under this Order or in respect of an equality clause, an individual who is an
actual or prospective complainant or claimant applies to the Commission for
assistance under this Article, the Commission shall consider the application
and may grant it if it thinks fit to do so on the ground that

(a)the case raises a question of principle, or

(b)it is unreasonable, having regard to the complexity of the case or the
applicant's position in relation to the respondent or another person involved
or any other matter, to expect the applicant to deal with the case unaided,

(2) Assistance by the Commission under this Article may include

(a)giving advice;

(b)procuring or attempting to procure the settlement of any matter in dispute;

(c)arranging for the giving of advice or assistance by a solicitor or counsel;

(d)arranging for representation by any person including all such assistance as
is usually given by a solicitor or counsel in the steps preliminary or
incidental to any proceedings, or in arriving at or giving effect to a
compromise to avoid or bring to an end any proceedings,

(3) In so far as expenses are incurred by the Commission in providing the
applicant with assistance under this Article the recovery of those expenses
(as taxed or assessed in such manner as may be prescribed by rules or
regulations) shall constitute a first charge for the benefit of the Commission

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

(b)so far as relates to any costs, on his rights under any compromise or
settlement arrived at in connection with that matter to avoid or bring to an
end any proceedings.

(4) The charge conferred by paragraph (3) is subject to any charge under [the
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981] and is subject
to any provision in that [Order] for payment of any sum into the legal aid
fund.

(5) In this Article "respondent" includes a prospective respondent and "rules
or regulations"

(a)in relation to county court proceedings, means county court rules;

(b)in relation to industrial tribunal proceedings, means regulations made
under Article 59 of the Industrial Relations (Northern Ireland) Order 1976.

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Northern Irish Legislation

SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 75