Industrial Tribunals (Labour Relations) Regulations 1974
| Jurisdiction | UK Non-devolved |
| Citation | SI 1974/1386 |
| Year | 1974 |
1974 No. 1386
INDUSTRIAL TRIBUNALS
The Industrial Tribunals (Labour Relations) Regulations 197413thAugust 1974
22ndAugust 1974
16thSeptember 1974
The Secretary of State in exercise of the powers conferred on him by paragraph 21 of Part III of Schedule 1 to the Trade Union and Labour Relations Act 1974(a) 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 (Labour Relations) Regulations 1974 and shall come into operation on 16th September 1974.
(2) The Industrial Tribunals (Industrial Relations, etc.) Regulations 1972(b) shall cease to have effect except in relation to proceedings instituted before that date, or, as the case may be, instituted after that date where the effective date of termination falls before the commencement of Schedule 1 to the 1974 Act.
Interpretation
2.—(1) The Interpretation Act 1889(c) shall apply to these Regulations as it applies to an Act of Parliament as if these Regulations and the Regulations hereby revoked were Acts of Parliament.
(2) In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—
"the 1946 Act" means the Dock Workers (Regulation of Employment) Act 1946(d);
"the 1965 Act" means the Redundancy Payments Act 1965(e) as amended by the Redundancy Rebates Act 1969(f) and the 1974 Act;
"the 1966 Act" means the Docks and Harbours Act 1966(g);
"the 1974 Act" means the Trade Union and Labour Relations Act 1974;
"applicant" means a person who in pursuance of Rule 1 has sent an originating application to the Secretary of the Tribunals for a decision of a tribunal and includes:—
(a) 1974 c. 52.
(b) S.I. 1972/38 (1972 I, p. 91).
(c) 1889 c. 63.
(d) 1946 c. 22.
(e) 1965 c. 62.
(f) 1969 c. 8.
(g) 1966 c. 28.
(a) the Secretary of State, the Board or a licensing authority,
(b) a claimant or complainant,
(c) in the case of proceedings under section 51 of the 1966 Act, a person on whose behalf an originating application has been sent by a trade union, and
(d) in relation to interlocutory applications under these Rules, a person who seeks any relief;
"the Board" means the National Dock Labour Board or any other body for the time being constituted or prescribed under the 1946 Act to be responsible for the administration of any labour scheme;
"the clerk to the tribunal" means the person appointed by the Secretary of the Tribunals or an Assistant Secretary to act in that capacity at one or more hearings;
"court" means a magistrates' court or the Crown Court;
"decision" in relation to a tribunal includes a declaration, an order (other than an inter-locutory order), a recommendation or an award of the tribunal;
"enactment" means any Act or any instrument made under an Act as amended or extended by or under any other enactment;
"hearing" means a sitting of a tribunal duly constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything law-fully requisite to enable the tribunal to reach a decision on any question;
"labour scheme" means a scheme for the time being in force under the 1946 Act;
"licensing authority" means a body having the function of issuing licences under the 1966 Act;
"nominated chairman" means a member of the panel of chairmen for the time being nominated by the President;
"the Office of the Tribunals" means the Central Office of the Industrial Tribunals (England and Wales);
"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 the Industrial Tribunals (England and Wales) Regulations 1965(a), as amended(b);
"party" in relation to proceedings under section 51 of the 1966 Act means the applicant and the Board or the licensing authority with which or (as the case may be) any person with whom it appears to the applicant that he is in dispute about a question to which that section applies and, in a case where such a question is referred to a tribunal by a court, any party to the proceedings before that court in which the question arose;
"person entitled to appear" in relation to proceedings under section 51 of the 1966 Act means a party and any person who, under subsection (5) of that section, is entitled to appear and be heard before a tribunal in such proceedings;
(a) S.I. 1965/1101 (1965 II, p. 2805).
(b) The relevant amending instrument is S.I. 1967/301 (1967 I, p. 1040).
"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 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;
"Register" means the Register of Applications and Decisions kept in pursuance of these Regulations;
"respondent" means a party to the proceedings before a tribunal other than the applicant, and other than the Secretary of State in proceedings under the 1965 Act in which he is not cited as the person against whom relief is sought;
"Rule" means a Rule of Procedure contained in the Schedule to these Regulations;
"the Secretary of the Tribunals" and "an Assistant Secretary of the Tribunals" mean respectively the persons for the time being acting as the Secretary of the Office of the Tribunals and as the Assistant Secretary of a Regional Office of the Industrial Tribunals;
"tribunal" means an industrial tribunal (England and Wales) established in pursuance of the Industrial Tribunals (England and Wales) Regulations 1965, as amended, and in relation to any proceedings means the tribunal to which the proceedings have been referred by the President or by a nominated chairman.
Proceedings of tribunals
3. Except where separate Rules of Procedure, made under the provisions of any enactment, are applicable the Rules of Procedure contained in the Schedule to these Regulations shall have effect in relation to all proceedings before a tribunal where:—
(a) the respondent or one of the respondents resides or carries on business in England or Wales; or
(b) had the remedy been by way of action in the county court, the cause of action would have arisen wholly or in part in England or Wales; or
(c) the proceedings are to determine a question which has been referred to the tribunal by a court in England or Wales; or
(d) in proceedings under the 1966 Act they are in relation to a port in England or Wales.
Proof of decisions of tribunals
4. 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 shall, unless the contrary is proved, be sufficient evidence of the document and of the facts stated therein.
Michael Foot, Secretary of State for Employment.
13th August 1974.
Regulation 3
SCHEDULE
RULES OF PROCEDURE
Originating application
1.—(1) Proceedings for the determination of any matter by a tribunal shall be instituted by the applicant (or in a matter falling under sub-paragraph (d) of this paragraph, by a court) sending to the Secretary of the Tribunals an originating application which shall be in writing and shall set out:—
(a) the name and address of the applicant; and
(b) the names and addresses of the person or persons against whom relief is sought or of the parties to the proceedings before the court (as the case may be); and
(c) the grounds on which that relief is sought; or
(d) the question for determination under section 51 of the 1966 Act and, except where the question is referred by a court, the grounds on which relief is sought.
(2) Where the Secretary of the Tribunals is of the opinion that the originating application does not seek or on the facts stated therein cannot entitle the applicant to a relief which a tribunal has power to give, he may give notice to that effect to the applicant stating the reasons for his opinion and informing him that the application will not be registered unless he states in writing that he wishes to proceed with it.
(3) An application as respects which a notice has been given in pursuance of the preceding paragraph shall not be treated as having been received for the purposes of Rule 2 unless the applicant intimates in writing to the Secretary of the Tribunals that he wishes to proceed with it; and upon receipt of such an intimation the Secretary of the Tribunals shall proceed in accordance with that Rule.
(4) Where the applicant does not intimate in writing to the Secretary of the Tribunals that he wishes to proceed with the application the non-registration of the application shall be without prejudice to any right of the applicant to make a further application to a tribunal.
Action upon receipt of originating application
2.—(1) Upon receiving an originating application the Secretary of the Tribunals shall enter particulars of it in the Register and shall forthwith send a...
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