Where, in relation to proceedings or prospective proceedings either under this Act 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 section, the Commission shall consider the application and may grant it if they think fit to do so on the ground that—
or by reason of any other special consideration.
Assistance by the Commission under this section may include—
but paragraph (d) shall not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in, any proceedings.
In so far as expenses are incurred by the Commission in providing the applicant with assistance under this section 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—
The charge conferred by subsection (3) is subject to any charge imposed by section 10(7) of the Access to justice Act 1999, or any charge or obligation for payment in priority to other debts under the Legal Aid (Scotland) Act 1986, and is subject to any provision in or made undereither of those Acts for payment of any sum to the Legal Services Commissionor into the Scottish Legal Aid Fund.
In this section “respondent” includes a prospective respondent and “rules or regulations”—