Industrial Tribunals (Rules of Procedure) Regulations 1980
| Jurisdiction | UK Non-devolved |
1980 No. 884
INDUSTRIAL TRIBUNALS
The Industrial Tribunals (Rules of Procedure) Regulations 198026thJune 1980
8thJuly 1980
1stOctober 1980
ARRANGEMENT OF REGULATIONS AND RULES
REGULATIONS
1. Citation, commencement and revocation.
2. Interpretation.
3. Proceedings of tribunals.
4. Proof of decisions of tribunals.
SCHEDULE 1— RULES OF PROCEDURE
1. Originating application.
2. Action upon receipt of originating application.
3. Appearance by respondent.
4. Power to require further particulars and attendance of witnesses and to grant discovery.
5. Time and place of hearing and appointment of assessor.
6. Pre-hearing assessment.
7. The hearing.
8. Procedure at hearing.
9. Decision of tribunal.
10. Review of tribunal's decisions.
11. Costs.
12. Miscellaneous powers of tribunal.
13. Extension of time and directions.
14. Joinder and representative respondents.
15. Consolidation of proceedings.
16. Transfer of proceedings.
17. Notices, etc.
SCHEDULE 2
Regulations revoked.
The Secretary of State in exercise of the powers conferred on him by paragraph 1 of Schedule 9 to the Employment Protection (Consolidation) Act 1978(a) and after consultation with the Council on Tribunals hereby makes the following Regulations:—
(a) 1978 c.44.
Citation, commencement and revocation
1.—(1) These Regulations may be cited as the Industrial Tribunals (Rules of Procedure) Regulations 1980 (and the Rules of Procedure contained in Schedule 1 to these Regulations may be referred to as the Industrial Tribunals Rules of Procedure 1980), and they shall come into operation on 1st October 1980.
(2) The Industrial Tribunals (Labour Relations) Regulations 1974(a) and the other Regulations mentioned in Schedule 2 to these Regulations shall cease to have effect on 1st October 1980 except in relation to proceedings instituted before that date.
Interpretation
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 1966 Act" means the Docks and Harbours Act 1966(b);
"the 1978 Act" means the Employment Protection (Consolidation) Act 1978;
"applicant" means a person who in pursuance of Rule 1 has presented an originating application to the Secretary of the Tribunals for a decision of a tribunal and includes:—
(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 as reconstituted under the Dock Work Regulation Act 1976(c);
"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 interlocutory order), a recommendation or an award of the tribunal but does not include an opinion given pursuant to a pre-hearing assessment held under Rule 6;
"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;
"licensing authority" means a body having the function of issuing licences under the 1966 Act;
"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
(a) S.I. 1974/1386, amended by S.I. 1976/661, S.I. 1977/911 and S.I. 1978/991.
(b) 1966 c.28.
(c) 1976 c.79.
Chancellor in pursuance of Regulation 5 (2) of the Industrial Tribunals (England and Wales) Regulations 1965(a);
"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 the 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;
"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 the chairman appointed by the President to take charge of the due administration of justice by tribunals in an area specified by the President, or a person nominated either by the President or the Regional Chairman to discharge for the time being the functions of the Regional Chairman; to discharge for the time being the functions of the Regional Chairman;
"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 Parts III and VI of the 1978 Act in which he is not cited as the person against whom relief is sought;
"Rule" means a Rule of Procedure contained in Schedule 1 to these Regulations;
"the Secretary of the Tribunals" and "an Assistant Secretary of the Tribunals" mean repectively 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 and in relation to any proceedings means the tribunal to which the proceedings have been referred by the President or a Regional 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 Schedule 1 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
(a) S.I. 1965/1101 as amended by S.I. 1967/301.
(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.
James Prior, Secretary of State for Employment.
26th June 1980.
Regulation 3
SCHEDULE 1
RULES OF PROCEDURE
Originating application
1.—(1) Proceedings for the determination of any matter by a tribunal shall be instituted by the applicant (or, where applicable, by a court) presenting 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 (where applicable) of the parties to the proceedings before the court; and
(c) the grounds, with particulars thereof, on which relief is sought, or in proceedings under section 51 of the 1966 Act the question for determination 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.
Action upon receipt of originating application
2. Upon receiving an originating application the Secretary of the Tribunals shall enter particulars of it in the Register and shall forthwith send a copy of it to the respondent and inform the parties in writing of the case number of the originating application entered in the Register (which shall thereafter constitute the title of the proceedings) and of the address to which notices and other communications to the Secretary of the Tribunals shall be sent. Every copy of the originating application sent by the Secretary of the Tribunals under this paragraph shall be accompanied by a written notice which shall include information, as appropriate to the case, about the means and time for entering an appearance, the consequences of...
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