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  1. Constitutions
  2. United Kingdom of Great Britain and Northern Ireland
  3. Power of Commissions to assist persons in legal proceedings

🇬🇧 United Kingdom of Great Britain and Northern IrelandConstitution

Northern Ireland Act 1998

Power of Commissions to assist persons in legal proceedings

Jurisdiction
United Kingdom of Great Britain and Northern Ireland
Provision
78D
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
1 This section applies to proceedings or proposed proceedings by a person in respect of an alleged breach (or potential future breach) of Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement. 2 Where the person applies to the Northern Ireland Human Rights Commission, or the Equality Commission for Northern Ireland, for assistance in relation to the proceedings, the Commission may grant the application, so far as it relates to the alleged breach (or potential future breach) of Article 2(1), on any of the following grounds— a that the case raises a question of principle; b that it would be unreasonable to expect the person to deal with the case without assistance because of its complexity, or because of the person's position in relation to another person involved, or for some other reason; c that there are other special circumstances which make it appropriate for the Commission to provide assistance. 3 Where an application under subsection (2) is granted, the Commission in question may— a provide, or arrange for the provision of, legal advice; b arrange for the provision of legal representation; c provide any other assistance which it thinks appropriate. 4 Arrangements made under this section for the provision of assistance to a person may include provision for recovery of expenses from the person in certain circumstances.

Source record

Source and verification

Northern Ireland Act 1998 · legislation.gov.uk · Retrieved 17 August 2026.

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