Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/2687 |
1993 No. 2687
INDUSTRIAL TRIBUNALS
The Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993
Made 17th November 1993
Laid before Parliament 24th November 1993
Coming into force 16th December 1993
The Secretary of State, in exercise of the powers conferred on him by section 24(2) of the Health and Safety at Work etc. Act 19741, section 128(1) and (5), section 154(3) and paragraphs 1, 1A2 and 1B of Schedule 9 to the Employment Protection (Consolidation) Act 19782, and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals, hereby makes the following Regulations:–
Citation, commencement and revocation
1.—(1) These Regulations may be cited as the Industrial Tribunals (Constitution and Procedure) Regulations 1993 and the Rules of Procedure contained in Schedules 1, 2, 3, 4 and 5 to these Regulations may be referred to, respectively, as–
(a)
(a) the Industrial Tribunals Rules of Procedure 1993;
(b)
(b) the Industrial Tribunals Complementary Rules of Procedure 1993;
(c)
(c) the Industrial Tribunals (Levy Appeals) Rules of Procedure 1993;
(d)
(d) the Industrial Tribunals (Improvement and Prohibition Notices Appeals) Rules of Procedure 1993; and
(e)
(e) the Industrial Tribunals (Non–Discrimination Notices Appeals) Rules of Procedure 1993.
(2) These Regulations shall come into force on 16th December 1993.
(3) The following Regulations are hereby revoked–
The Industrial Tribunals (England and Wales) Regulations 19653
The Industrial Tribunals (England and Wales) (Amendment) Regulations 19674
The Industrial Tribunals (England and Wales) (Amendment) Regulations 19705
The Industrial Tribunals (Improvement and Prohibition Notices Appeals) Regulations 19746
The Industrial Tribunals (Amendment) Regulations 19777
The Industrial Tribunals (Non–Discrimination Notices Appeals) Regulations 19778
The Industrial Tribunals (Rules of Procedure) Regulations 19859.
Interpretation
2.—(1) In these Regulations and in Schedules 1, 2, 3, 4 and 5, unless the context otherwise requires–
“the 1978 Act” means the Employment Protection (Consolidation) Act 1978;
“the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 199210;
“chairman” means the President or a member of the panel of chairmen selected in accordance with regulation 7(1), or the President where a Minister of the Crown so directs in accordance with section 128(6) of the 1978 Act11;
“the clerk” means the person appointed as clerk to the tribunal by the Secretary of the Tribunals or a Regional Secretary to act in that capacity at one or more hearings;
“hearing” means a sitting of a tribunal duly constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything lawfully requisite to enable the tribunal to reach a decision on any question;
“the Office of the Tribunals” means the Central Office of the Industrial Tribunals (England and Wales);
“panel of chairmen” means the panel appointed under regulation 5(1)(a);
“the President” means the President of the Industrial Tribunals (England and Wales) or the person nominated by the Lord Chancellor to discharge for the time being the functions of the President;
“Regional Chairman” means a member of the panel of chairmen who has been appointed to the position of Regional Chairman in accordance with regulation 6 (1) or who has been nominated to discharge the functions of a Regional Chairman in accordance with regulation 6(2);
“Regional Office of the Industrial Tribunals” means a regional office which has been established under the Office of the Tribunals for an area specified by the President;
“Regional Secretary” means the person for the time being acting as the secretary of a Regional Office of the Industrial Tribunals;
“Register” means the Register of applications, appeals and decisions kept in pursuance of regulation 9;
“the Secretary” means the person for the time being appointed to act as the Secretary of the Office of the Tribunals;
“tribunal” means an industrial tribunal (England and Wales) established in pursuance of regulation 4 and in relation to any proceedings means the tribunal to which the proceedings have been referred by the President or a Regional Chairman.
(2) In these Regulations, in so far as they relate to the rules in Schedules 1 and 2, and in those Schedules, unless the context otherwise requires–
“the 1970 Act” means the Equal Pay Act 197012;
“the 1975 Act” means the Sex Discrimination Act 197513;
“the 1976 Act” means the Race Relations Act 197614;
“the 1986 Act” means the Sex Discrimination Act 198615;
“decision” in relation to a tribunal includes–
a declaration,
an order, including an order striking out any originating application or notice of appearance made under rule 4(7) or 13(2),
a recommendation or an award of the tribunal, and
a determination under rule 6,
but does not include any other interlocutory order or any other decision on an interlocutory matter;
“equal value claim” means a claim by an applicant which rests upon entitlement to the benefit of an equality clause by virtue of the operation of section 1(2)(c) of the Equal Pay Act;
“expert” means a member of the panel of independent experts within the meaning of section 2A(4) of the Equal Pay Act;
“report” means a report required by a tribunal to be prepared by an expert, pursuant to section 2A(1)(b) of the Equal Pay Act;
“respondent” means a party to the proceedings before a tribunal other than the applicant.
(3) In these Regulations, in so far as they relate to the rules in Schedule 3, and in that Schedule, unless the context otherwise requires–
“the 1982 Act” means the Industrial Training Act 198216;
“the Board” means in relation to an appeal the respondent industrial training board;
“levy” means a levy imposed under section 11 of the 1982 Act.
(4) In these Regulations, in so far as they relate to the rules in Schedule 4, and in that Schedule, unless the context otherwise requires–
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“decision” in relation to a tribunal includes a direction under rule 4 and any order which is not an interlocutory order;
“improvement notice” means a notice under section 21 of the 1974 Act;
“inspector” means a person appointed under section 19(1) of the 1974 Act;
“prohibition notice” means a notice under section 22 of the 1974 Act;
“respondent” means the inspector who issued the improvement notice or prohibition notice which is the subject of the appeal.
(5) In these Regulations, in so far as they relate to the rules in Schedule 5, and in that Schedule, unless the context otherwise requires–
“the 1975 Act” means the Sex Discrimination Act 1975;
“the 1976 Act” means the Race Relations Act 1976;
“decision” in relation to a tribunal includes the direction under section 68(3) of the 1975 Act or, as the case may be, under section 59(3) of the 1976 Act and any other order which is not an interlocutory order;
“non–discrimination notice” means a notice under section 67 of the 1975 Act or, as the case may be, under section 58 of the 1976 Act;
“respondent” means the Equal Opportunities Commission established under section 53 of the 1975 Act or, as the case may be, the Commission for Racial Equality established under section 43 of the 1976 Act.
President of Industrial Tribunals
3.—(1) There shall be a President of the Industrial Tribunals (England and Wales) who shall be appointed by the Lord Chancellor and shall be a person having a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 199017.
(2) The President may resign his office by notice in writing to the Lord Chancellor.
(3) The President shall vacate his office at the end of the completed year of service in the course of which he attains the age of 72 years.
(4) If the Lord Chancellor is satisfied that the President is incapacitated by infirmity of mind or body from discharging the duties of his office, or the President is adjudged to be bankrupt or makes a composition or arrangement with his creditors, the Lord Chancellor may revoke his appointment.
(5) The functions of President under these Regulations may, if he is for any reason unable to act or during any vacancy in his office, be discharged by a person nominated for that purpose by the Lord Chancellor.
Establishment of industrial tribunals
4.—(1) The President shall from time to time determine the number of tribunals to be established in England and Wales for the purposes of determining proceedings.
(2) The President or, in relation to the area specified in relation to him, a Regional Chairman shall determine at what times and in what places in England and Wales tribunals shall sit.
Panels of members of tribunals
5.—(1) There shall be three panels of members of the Industrial Tribunals (England and Wales), namely–
(a)
(a) a panel of persons, having a seven year general qualification within the meaning of the Courts and Legal Services Act 1990, appointed by the Lord Chancellor;
(b)
(b) a panel of persons appointed by the Secretary of State after consultation with such organisations or associations of organisations representative of employees as he sees fit; and
(c)
(c) a panel of persons appointed by the Secretary of State after consultation with such organisations or associations of organisations representative of employers as he sees fit.
(2) Members of the panels constituted under these Regulations shall hold and vacate office under the terms of the instrument under which they are appointed but may resign their office by notice in writing, in the case of a member of the panel of chairmen, to the Lord Chancellor and, in any other case, to the Secretary of State; and any such member who ceases to hold office shall be eligible for...
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