# Disability Rights Commission Act 1999(repealed), Section 7: Assistance in relation to proceedings.

Extent: E+W+S

(1) This section applies to—
(a) proceedings which an individual has brought or proposes to bring under section 17A, 25, 28I, 28K, 28L, 28N or 28V of the 1995 Act (or under provision made under section 31AE of that Act complaints and claims about unlawful discrimination or harassment under Parts II to 4); and
(aa) proceedings of any description to the extent that the question whether it is unreasonable for a landlord to withhold consent to the making of a relevant improvement to a dwelling house falls to be considered in the proceedings;
(ab) proceedings in Scotland of any description to the extent that the question whether—
(i) it is unreasonable for a landlord to withhold consent to the carrying out of work in relation to a house (within the meaning of the Housing (Scotland) Act 2006 (asp 01)) in Scotland for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence, or
(ii) any condition imposed by a landlord on consenting to the carrying out of any such work is unreasonable,
falls to be considered in the proceedings,
(b) proceedings of a description prescribed for the purposes of this subsection, being proceedings in which an individual who has or has had a disability relies or proposes to rely on a matter relating to that disability.
(2) Where the individual concerned applies to the Commission for assistance in relation to any proceedings to which this section applies, the Commission may grant the application on any of the following grounds—
(a) that the case raises a question of principle;
(b) that it is unreasonable to expect the applicant to deal with the case unaided (because of its complexity, because of the applicant’s position in relation to another party or for some other reason);
(c) that there is some other special consideration which makes it appropriate for the Commission to provide assistance.
(3) If the Commission grants an application, it may—
(a) provide or arrange for the provision of legal advice;
(b) arrange for legal or other representation (which may include any assistance usually given by a solicitor or counsel);
(c) seek to procure the settlement of any dispute;
(d) provide or arrange for the provision of any other assistance which it thinks appropriate.
(4) Subsection (3)(b) does not affect the law and practice as to who may represent a person in relation to any proceedings.
(4A) A relevant improvement is an improvement (within the meaning of section 49G(9) of the 1995 Act) to premises which, having regard to the disability which a disabled person who lawfully occupies or is intended lawfully to occupy the premises has, is likely to facilitate his enjoyment of the premises.
(5) The Commission may authorise any employee of the Commission to exercise such of its functions under this section as it may determine.

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Source: https://www.legislation.gov.uk/ukpga/1999/17/section/7 (the official version)
Page: https://openlegislation.uk/disability-rights-commission-act-1999repealed/section-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

