Industrial Tribunals (Rules of Procedure) (Equal Value Amendment) Regulations 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/1807 |
| Year | 1983 |
1983 No. 1807
INDUSTRIAL TRIBUNALS
The Industrial Tribunals (Rules of Procedure) (Equal Value Amendment) Regulations 19837thDecember 1983
9thDecember 1983
1stJanuary 1984
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:—
Citation and commencement
1. These Regulations may be cited as the Industrial Tribunals (Rules of Procedure) (Equal Value Amendment) Regulations 1983 and shall come into operation on 1st January 1984.
Interpretation
2. In these Regulations —
"the Equal Pay Act" means the Equal Pay Act 1970(b), as amended, with particular reference to the amendments made by the Equal Pay (Amendment) Regulations 1983(c);
"the principal Regulations (England and Wales)" means the Industrial Tribunals (Rules of Procedure) Regulations 1980(d);
"the principal Regulations (Scotland)" means the Industrial Tribunals (Rules of Procedure) (Scotland) Regulations 1980(e);
"the principal Rules of Procedure (England and Wales)" means the Industrial Tribunals Rules of Procedure 1980 contained in Schedule 1 to the principal Regulations (England and Wales);
(a) 1978 c.44; Schedule 9 was amended by Regulation 3 of the Equal Pay (Amendment) Regulations 1983 (S.I. 1983/1794).
(b) 1970 c.41; section 1 was amended by the Sex Discrimination Act 1975 (c.65), section 8 and Schedule 1, paragraph 1, and was applied by the Employment Protection Act 1975 (c.71), section 122(2), as amended by the Race Relations Act 1976 (c.74), Schedule 3, paragraph 1(5); section 1 was amended and section 2A was inserted by the Equal Pay (Amendment) Regulations 1983 (S.I. 1983/1794).
(c) S.I. 1983/1794.
(d) S.I. 1980/884.
(e) S.I. 1980/885.
"the principal Rules of Procedure (Scotland)" means the Industrial Tribunals Rules of Procedure (Scotland) 1980 contained in Schedule 1 to the principal Regulations (Scotland)
and, unless the context otherwise requires, any expression to which a meaning has been assigned by Regulation 2 of the principal Regulations (England and Wales), or, as the case may be, of the principal Regulations (Scotland), shall have that meaning.
Proceedings of tribunals in cases involving equal value claims
3. In any proceedings before a tribunal involving 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 —
(a) in a case in which the principal Regulations (England and Wales) have effect —
(i) those Regulations shall have effect in relation to that claim subject to the amendments contained in Part I of the Schedule to these Regulations; and
(ii) the principal Rules of Procedure (England and Wales) shall have effect in relation to the claim subject to the amendments contained in Part II of the Schedule to these Regulations except in so far as such amendments are expressed to apply only to the principal Rules of Procedure (Scotland); and
(b) in a case in which the principal Regulations (Scotland) have effect —
(i) those Regulations shall have effect in relation to that claim subject to the amendments contained in Part I of the Schedule to these Regulations; and
(ii) the principal Rules of Procedure (Scotland) shall have effect in relation to the claim subject to the amendments contained in Part II of the Schedule to these Regulations except in so far as such amendments are expressed to apply only to the principal Rules of Procedure (England and Wales).
Signed by order of the Secretary of State.
Alan Clark, Parliamentary Under Secretary of State, Department of Employment.
7th December 1983.
Regulation 3
SCHEDULE
PART I
AMENDMENTS TO THE PRINCIPAL REGULATIONS (ENGLAND AND WALES) AND TO THE PRINCIPAL REGULATIONS (SCOTLAND)
1. In Regulation 2 (interpretation)—
(a) after the definition of "decision" there shall be inserted —
" "the Equal Pay Act" means the Equal Pay Act 1970(a), as amended, with particular reference to the amendments made by the Equal Pay (Amendment) Regulations 1983(b);
"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;" and
(b) after the definition of "Register" there shall be inserted —
""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;".
PART II
AMENDMENTS TO THE PRINCIPAL RULES OF PROCEDURE (ENGLAND AND WALES) AND TO THE PRINCIPAL RULES OF PROCEDURE (SCOTLAND)
1.—(1) In Rule 4, after paragraph (1), there shall be inserted —
"(1A) Subject to paragraph (1B), in a case involving an equal value claim, a tribunal may, on the application of an expert who has been required by the tribunal to prepare a report,—
(a) require any person who the tribunal is satisfied may have information which may be relevant to the question or matter on which the expert is required to report to furnish, in writing, such information as the tribunal may require;
(b) require any person to produce any documents which are in the possession, custody or power of that person and which the tribunal is satisfied may contain matter relevant to the question on which the expert is required to report;
and any information so required to be furnished or document so required to be produced shall be furnished or produced, at or...
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