Industrial Tribunals (England and Wales) (Amendment) Regulations 1967
| Jurisdiction | UK Non-devolved |
| Citation | SI 1967/301 |
| Year | 1967 |
1967 No. 301
INDUSTRIAL TRAINING
The Industrial Tribunals (England and Wales) (Amendment) Regulations 19671stMarch 1967
10thMarch 1967
13thMarch 1967
The Minister of Labour in exercise of the powers conferred on him by section 12 of the Industrial Training Act 1964(a) and by section 46 of the Redundancy Payments Act 1965(b) and after consultation with the Council on Tribunals hereby makes the following Regulations amending the Industrial Tribunals (England and Wales) Regulations 1965(c) (hereinafter referred to as "the principal Regulations"):—
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Industrial Tribunals (England and Wales) (Amendment) Regulations 1967 and shall come into operation on 13th March 1967.
(2) The Interpretation Act 1889(d) applies to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
Amendment of principal Regulations
2.—(1) In Regulation 2(1) of the principal Regulations:—
(a) in the definition of "the clerk to the tribunal" for the words "the Secretary of the Tribunals" there shall be substituted the words "the Secretary, or an Assistant Secretary, of the Tribunals";
(b) there shall be inserted immediately after the definition of "the Office of the Tribunals" the following definition—
" 'the panel of chairmen' means the panel of persons, being barristers or solicitors of not less than seven years' standing, appointed by the Lord Chancellor in pursuance of Regulation 5(2) of these Regulations;"
(c) in the definition of "Rule" for the words "the Schedule" there shall be substituted the words "either Schedule";
(d) for the definition of "the Secretary of the Tribunals" there shall be substituted the following definition—
" 'the Secretary of the Tribunals' and 'an Assistant Secretary of the Tribunals' mean respectively the persons for the time being acting as the Secretary or as an Assistant Secretary, of the Central Office of the Industrial Tribunals (England and Wales);"
(e) at the end of the definition of "tribunal" there shall be added the words "or by a member of the panel of chairmen for the time being nominated by the President".
(a) 1964 c. 16.
(b) 1965 c. 62.
(c) S.I. 1965/1101 (1965 II, p. 2805).
(d) 1889 c. 63.
(2) For Regulation 2(2) of the principal Regulations there shall be substituted the following paragraph—
"(2) A form referred to by number in either Schedule to these Regulations means the form so numbered in the Appendix to that Schedule.".
3. For Regulation 4 of the principal Regulations there shall be substituted the following Regulation:—
"Establishment of Tribunals
4.—(1) Such number of tribunals shall be established in England and Wales for the determination of appeals by persons assessed to a levy as the President may from time to time determine.
(2) The tribunals shall sit at such times and in such places as may from time to time be determined by the President or, in relation to any area specified by him in England and Wales, by a member of the panel of chairmen nominated by him to act in that area.".
4.—(1) In Regulation 5 of the principal Regulations there shall be substituted the following paragraphs for paragraph (1):—
"(1) Subject to the provisions of paragraph (1A) of this Regulation, a tribunal shall consist of a chairman and two other members but, in the absence of any one member of a tribunal other than the chairman, an appeal may with the consent of the parties be heard in the absence of such member, and in that event the tribunal shall be deemed to be properly constituted.
(1A) A tribunal may consist of the President, the chairman of the tribunal or a member of the panel of chairmen for the time being nominated for the purpose by the President, for any of the following purposes, that is to say—
(a) making an order dismissing the proceedings where the appellant or applicant has given written notice of the abandonment of his appeal or application;
(b) making an order allowing the appeal where the Board has given written notice that the appeal is not contested;
(c) deciding an appeal or application in accordance with the written agreement of the parties;
(d) dealing with any interlocutory matter or application;
(e) making an order for costs in connection with an order or decision mentioned in the foregoing sub-paragraphs of this paragraph.".
(2) For paragraph (2) of the said Regulation 5 there shall be substituted the following paragraph:—
"(2) For each hearing the chairman shall be the President or a person selected from a panel of persons (being barristers or solicitors of not less than seven years' standing) appointed by the Lord Chancellor; such selection shall be made by the President or by a member of the said panel for the time being nominated by the President for the purpose, and that member may select himself.".
(3) In paragraph (3) of the said Regulation 5 immediately after the word "President" there shall be inserted the words "(or by a member of the panel of chairmen for the time being nominated by the President for the purpose)".
(4) In paragraph (4) of the said Regulation 5 immediately after the word "President" there shall be inserted the words "(or a member of the panel of chairmen for the time being nominated by the President for the purpose)" and the words "by him" shall be omitted.
5. For Regulation 6 of the principal Regulations there shall be substituted the following Regulation:—
"Procedure as to levy appeals
6. The Rules of Procedure contained in Schedule 1 to these Regulations shall continue to have effect in relation to appeals by persons assessed to a levy under a levy order that came into operation before 13th March 1967, and the Rules of Procedure contained in Schedule 2 to these Regulations shall have effect in relation to appeals by persons assessed to a levy under a levy order coming into operation on or after that date.".
6. After Regulation 6 of the principal Regulations there shall be inserted the following Regulation:—
"Proof of Decisions of Tribunals
7. The production in any proceedings in any court of a document purporting to be certified by the Secretary of the Tribunals to be a true copy of an entry of a decision in the Register of Appeals shall, unless the contrary is proved, be sufficient evidence of the document and of the facts stated therein.".
7. The Schedule to the principal Regulations shall become Schedule 1 thereto, and immediately following upon that Schedule there shall be added a further Schedule (to be called Schedule 2) in the form contained in the Schedule to these Regulations.
R. J. Gunter, Minister of Labour.
1st March 1967.
SCHEDULE
BEING SCHEDULE 2 TO THE PRINCIPAL REGULATIONS
RULES OF PROCEDURE
APPLICABLE TO APPEALS UNDER LEVY ORDERS COMING INTO OPERATION ON OR AFTER 13TH MARCH 1967
Notice of Appeal
1. An appeal against an assessment to a levy shall be instituted by the appellant sending to the Board in duplicate a notice of appeal which shall be...
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