8Recovery of expenses of providing assistance

1

This section applies where—

a

the Commission has given an individual assistance under section 7 in relation to any proceedings; and

b

any costs or expenses (however described) have become payable to him by another person in respect of the matter in connection with which the assistance is given.

2

A sum equal to any expenses incurred by the Commission in providing the assistance shall be a first charge for the benefit of the Commission on the costs or expenses concerned.

3

It is immaterial for the purposes of this section whether the costs or expenses concerned are payable by virtue of a decision of a court or tribunal, an agreement arrived at to avoid proceedings or to bring them to an end, or otherwise.

4

The charge created by this section is subject to—

a

any charge under the [1998 c. 34.] Legal Aid Act 1988 and any provision in that Act for payment of any sum to the Legal Aid Board; and

b

any charge or obligation for payment in priority to other debts under the [1986 c. 47.] Legal Aid (Scotland) Act 1986 and any provision in that Act for payment of any sum into the Scottish Legal Aid Fund.

5

Provision may be made by regulations made by the Secretary of State for the determination of the expenses of the Commission in cases where this section applies.