The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations 2005
| Jurisdiction | UK Non-devolved |
2005 No. 1865
EMPLOYMENT TRIBUNALS
The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations 2005
Made 28th June 2005
Laid before Parliament 11th July 2005
Coming into force 1st October 2005
The Secretary of State, in exercise of the powers conferred upon her by sections 4(6) and (6A), 7(1), (3), (3A), 10(6) and 41(4) of the Employment Tribunals Act 19961, paragraph 36 of Schedule 8 to the Government of Wales Act 19982and paragraph 37 of Schedule 6 to the Scotland Act 19983, and after consultation with the Council of Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 19924, hereby makes the following Regulations:—
Citation and commencement
1. These Regulations may be cited as the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations 2005 and shall come into force on 1st October 2005.
Amendment
2.—(1) The Employment Tribunals (Constitution and Rules of Procedure) Regulations 20045shall be amended as follows—
(2) In Regulation 1(1)(a), (b), (c), (d) (e) and (f) add “2004” after “Procedure”.
(3) In Regulation 2 —
(a)
(a) delete “(Scotland)” from the definition of “old (England & Wales) regulations”;
(b)
(b) insert “(Scotland)” before “Regulations” in the definition of “old (Scotland) regulations”.
(4) In Schedule 1—
(a)
(a) in rule 9(b) replace “rule 34(a), (b) or (e)” with “rule 34(3)(a), (b) or (e)”;
(b)
(b) in rule 10(5) delete “either”;
(c)
(c) in rule 17(1) replace “may be held in private” with “shall be held in private”;
(d)
(d) in rule 18(6) replace “order” in lines 2 and 4 with “orders”;
(e)
(e) in rule 22(4) insert “the day following” after “commences on” in the first line;
(f)
(f) in rule 22(5) insert “(e) regulations 13, 14(2) or 16(1) of the Working Time Regulations 1998c (right to paid annual leave).”;
(g)
(g) to rule 22(5)(e) add the footnote “(c) S.I.1998/1833.”;
(h)
(h) in rule 30(3) replace “Subject to paragraph (1)” with “Where oral reasons have been provided”;
(i)
(i) in rules 38(2), 39(1) and 43(1) insert “or chairman” after “tribunal”;
(j)
(j) in rule 54(2)(a) insert “in relation to particular proceedings before it” after “do” and “in relation to particular Crown employment proceedings” between “done” and “under”.
(5) In Schedule 4, rule 10(2), replace “,expenses or remuneration” with “or expenses”.
(6) In Schedule 6—
(a) in rule 7(2) insert “conducted by a tribunal” before “composed”;
(b) in rule 7(4)(a) replace “Subject” with “subject”;
(c) in rule 7(6) delete “the” preceding “some”;
(d) in the Annex insert “8 weeks” into the column headed “Claims involving an independent expert” immediately above the words “Independent expert’s...
To continue reading
Request your trial