Industrial Tribunals (England and Wales) Regulations 1965
| Jurisdiction | UK Non-devolved |
| Citation | SI 1965/1101 |
| Year | 1965 |
1965 No. 1101
INDUSTRIAL TRAINING
The Industrial Tribunals (England and Wales) Regulations 196511thMay 1965
20thMay 1965
31stMay 1965
The Minister of Labour in exercise of the powers conferred on him by section 12 of the Industrial Training Act 1964(a) and after consultation with the Council on Tribunals hereby makes the following Regulations:—
Title and commencement
1. These Regulations may be cited as the Industrial Tribunals (England and Wales) Regulations 1965 and shall come into operation on 31st May 1965.
Interpretation
2.—(1) In these Regulations, unless the content otherwise requires:—
"the Act" means the Industrial Training Act 1964;
"appellant" means a person who has appealed to a tribunal under the provisions of a levy order made under section 4 of the Act;
"the Board" means in relation to an appeal the respondent industrial training board;
"the clerk to the tribunal" means the person appointed by the Secretary of the Tribunals 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 an appeal;
"levy" means a levy imposed under the Act;
"the Minister" means the Minister of Labour;
"the Office of the Tribunals" means the Central Office of the Industrial Tribunals (England and Wales);
"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;
"the Register of Appeals" means the Register of Industrial Levy Appeals and Decisions kept in pursuance of these Regulations;
"Rule" means a Rule of Procedure contained in the Schedule to these Regulations;
(a) 1964 c. 16.
"the Secretary of the Tribunals" means the Secretary of the Central Office of the Industrial Tribunals (England and Wales) for the time being;
"tribunal" means an industrial tribunal (England and Wales) established under these Regulations, and in relation to an appeal means the tribunal to which the appeal has been referred by the President.
(2) A form referred to by number means the form so numbered in the Appendix to the Schedule to these Regulations.
(3) The Interpretation Act 1889(a) applies to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
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 barrister or solicitor of not less than seven years' standing.
(2) The President shall hold office for five years and shall be eligible for reappointment.
(3) The President may resign his office by notice in writing to the Lord Chancellor.
(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 if the President is adjudged bankrupt or makes a composition or arrangement with his creditors, the Lord Chancellor may revoke his appointment.
(5) The functions of the President under these Regulations may, if he is for any reason unable to act or during a vacancy in his office, be discharged by a person nominated for that purpose by the Lord Chancellor.
Establishment of Tribunals
4. 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, and they shall sit at such times and in such places as he may from time to time determine.
Membership of Tribunals
5.—(1) 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 appellant and of the Board be heard in the absence of such member, and in that event the tribunal shall be deemed to be properly constituted.
(2) For each hearing the chairman shall be the President or a person selected by the President from a panel of persons, being barristers or solicitors of not less than seven years' standing, appointed by the Lord Chancellor.
(3) For each hearing the two members of a tribunal other than the chairman shall be selected...
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