The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

• (a) where section 2A(2A) of the Equal Pay Act[^f00066] applies, strike out the claim (or the relevant part of it) if, in accordance with section 2A(2A) of that Act, the tribunal must determine that the work of the claimant and the comparator are not of equal value;

• (b) decide, in accordance with section 2A(1) of the Equal Pay Act, either that –

• (i) the tribunal shall determine the question; or

• (ii) it shall require a member of the panel of independent experts to prepare a report with respect to the question,

• (c) subject to rule 4 and with regard to the indicative timetable, make the standard orders for the stage 1 equal value hearing as set out in rule 4;

• (d) if the tribunal has decided to require an independent expert to prepare a report on the question, require the parties to copy to the independent expert all information which they are required by an order to disclose or agree between each other;

• (e) if the tribunal has decided to require an independent expert to prepare a report on the question, fix a date for the stage 2 equal value hearing, having regard to the indicative timetable;

• (f) if the tribunal has not decided to require an independent expert to prepare a report on the question, fix a date for the hearing under rule 26 of Schedule 1, having regard to the indicative timetable; and

• (g) consider whether any further orders are appropriate.

• (4) Before a claim or part of one is struck out under paragraph (3)(a), the Secretary shall send notice to the claimant giving him the opportunity to make representations to the tribunal as to whether the evaluation contained in the study in question falls within paragraph (a) or (b) of section 2A(2A) of the Equal Pay Act. The Secretary shall not be required to send a notice under this paragraph if the claimant has been given an opportunity to make such representations orally to the tribunal as to why such a decision should not be issued.

• (5) The tribunal may, on the application of a party, hear evidence upon and permit the parties to address it upon the issue contained in section 1(3)[^f00067] of the Equal Pay Act (defence of a genuine material factor) before determining whether to require an independent expert to prepare a report under paragraph (3)(b)(ii).

• (6) When the Secretary gives notice to the parties of the stage 1 equal value hearing under rule 14(4) of Schedule 1, he shall also give the parties notice of the matters which the tribunal shall and may consider at that hearing which are described in paragraphs (3) and (5) and he shall give the parties notice of the standard orders in rule 4.

• (7) The tribunal’s power to strike out the claim or part of it under paragraph (3)(a) is in addition to powers to strike out a claim under rule 18(7) of Schedule 1.

Standard orders for stage 1 equal value hearing

4

• (1) At a stage 1 equal value hearing a tribunal shall, unless it considers it inappropriate to do so and subject to paragraph (2), order that –

• (a) before the end of the period of 14 days after the date of the stage 1 equal value hearing the claimant shall –

• (i) disclose in writing to the respondent the name of any comparator, or, if the claimant is not able to name the comparator he shall instead disclose such information as enables the comparator to be identified by the respondent; and

• (ii) identify to the respondent in writing the period in relation to which he considers that the claimant’s work and that of the comparator are to be compared;

• (b) before the end of the period of 28 days after the date of the stage 1 equal value hearing –

• (i) where the claimant has not disclosed the name of the comparator to the respondent under sub-paragraph (a), if the respondent has been provided with sufficient detail to be able to identify the comparator, he shall disclose in writing the name of the comparator to the claimant;

• (ii) the parties shall provide each other with written job descriptions for the claimant and any comparator;

• (iii) the parties shall identify to each other in writing the facts which they consider to be relevant to the question;

• (c) the respondent is required to grant access to the claimant and his representative (if any) to his premises during a period specified by the tribunal or chairman in order for him or them to interview any comparator;

• (d) the parties shall before the end of the period of 56 days after the date of the stage 1 equal value hearing present to the tribunal a joint agreed statement in writing of the following matters –

• (i) job descriptions for the claimant and any comparator;

• (ii) facts which both parties consider are relevant to the question;

• (iii) facts on which the parties disagree (as to the fact or as to the relevance to the question) and a summary of their reasons for disagreeing;

• (e) the parties shall, at least 56 days prior to the hearing under rule 26 of Schedule 1, disclose to each other, to any independent or other expert and to the tribunal written statements of any facts on which they intend to rely in evidence at that hearing; and

• (f) the parties shall, at least 28 days prior to the hearing under rule 26 of Schedule 1, present to the tribunal a statement of facts and issues on which the parties are in agreement, a statement of facts and issues on which the parties disagree and a summary of their reasons for disagreeing.

• (2) Any of the standard orders for the stage 1 equal value hearing may be added to, varied or omitted as the tribunal considers appropriate.

Involvement of independent expert in fact finding

5

• (1) This rule applies only to proceedings in relation to which the tribunal has decided to require an independent expert to prepare a report on the question.

• (2) In proceedings to which this rule applies a tribunal or chairman may if it or he considers it appropriate at any stage of the proceedings order an independent expert to assist the tribunal in establishing the facts on which the independent expert may rely in preparing his report.

• (3) Examples of the circumstances in which the tribunal or chairman may make an order described in paragraph (2) may include –

• (a) a party not being legally represented;

• (b) the parties are unable to reach agreement as required by an order of the tribunal or chairman;

• (c) the tribunal or chairman considers that insufficient information may have been disclosed by a party and this may impair the ability of the independent expert to prepare a report on the question;

• (d) the tribunal or chairman considers that the involvement of the independent expert may promote fuller compliance with orders made by the tribunal or a chairman.

• (4) A party to proceedings to which this rule applies may make an application under rule 11 of Schedule 1 for an order under paragraph (2).

Conduct of stage 2 equal value hearing

6

• (1) This rule applies only to proceedings in relation to which the tribunal has decided to require an independent expert to prepare a report on the question. In such proceedings the tribunal shall conduct a “stage 2 equal value hearing” in accordance with both this rule and the rules applicable to pre-hearing reviews in Schedule 1.

• (2) Notwithstanding rule 18(1) and (3) of Schedule 1, a stage 2 equal value hearing shall be conducted by a tribunal composed in accordance with Article 6(1) of the Industrial Tribunals Order.

• (3) At the stage 2 equal value hearing the tribunal shall make a determination of facts on which the parties cannot agree which relate to the question and shall require the independent expert to prepare his report on the basis of facts which have (at any stage of the proceedings) either been agreed between the parties or determined by the tribunal (referred to as “the facts relating to the question”).

• (4) At the stage 2 equal value hearing the tribunal shall –

• (a) subject to rule 7 and having regard to the indicative timetable, make the standard orders for the stage 2 equal value hearing as set out in rule 7;

• (b) make any orders which it considers appropriate; and

• (c) fix a date for the hearing under rule 26 of Schedule 1, having regard to the indicative timetable.

• (5) Subject to paragraph (6), the facts relating to the question shall, in relation to the question, be the only facts on which the tribunal shall rely at the hearing under rule 26 of Schedule 1.

• (6) At any stage of the proceedings the independent expert may make an application to the tribunal for some or all of the facts relating to the question to be amended, supplemented or omitted.

• (7) When the Secretary gives notice to the parties and to the independent expert of the stage 2 equal value hearing under rule 14(4) of Schedule 1, he shall also give the parties notice of the standard orders in rule 7 and draw the attention of the parties to paragraphs (4) and (5).

Standard orders for stage 2 equal value hearing

7

• (1) At a stage 2 equal value hearing, a tribunal shall, unless it considers it inappropriate to do so and subject to paragraph (2), order that –

• (a) by a date specified by the tribunal (with regard to the indicative timetable) the independent expert shall prepare his report on the question and shall (subject to rule 13) have sent copies of it to the parties and to the tribunal; and

• (b) the independent expert shall prepare his report on the question on the basis of the facts relating to the question and no other facts which may or may not relate to the question.

• (2) Any of the standard orders for the stage 2 equal value hearing may be added to, varied or omitted as the tribunal considers appropriate.

The hearing

8

• (1) In proceedings in relation to which an independent expert has prepared a report, unless the tribunal determines that the report is not based on the facts relating to the question, the report of the independent expert shall be admitted in evidence in those proceedings.

• (2) If the tribunal does not admit the report of an independent expert in accordance with paragraph (1), it may determine the question itself or require another independent expert to prepare a report on the question.

• (3) The tribunal may refuse to admit evidence of facts or hear argument as to issues which have not been disclosed to the other party as required by the rules in this Schedule and in Schedule 1 or any order made under them, unless it was not reasonably practicable for the party to have so complied.

Duties and powers of the independent expert

9

• (1) When a tribunal requires an independent expert to prepare a report with respect to the question or an order is made under rule 5(2), the Secretary shall inform that independent expert of the duties and powers he has under this rule.

• (2) The independent expert shall have a duty to the tribunal to –

• (a) assist it in furthering the overriding objective in regulation 3;

• (b) comply with the requirements of the rules in this Schedule and in Schedule 1 and any orders made by the tribunal or a chairman in relation to the proceedings;

• (c) keep the tribunal informed of any delay in complying with any order in the proceedings with the exception of minor or insignificant delays in compliance;

• (d) comply with any timetable imposed by the tribunal or chairman in so far as this is reasonably practicable;

• (e) inform the tribunal or a chairman on request by it or him of progress in the preparation of the independent expert’s report;

• (f) prepare a report on the question based on the facts relating to the question and (subject to rule 13) send it to the tribunal and the parties; and

• (g) make himself available to attend hearings in the proceedings.

• (3) The independent expert may make an application for any order or for a hearing to be held as if he were a party to the proceedings.

• (4) At any stage of the proceedings the tribunal may, after giving the independent expert the opportunity to make representations, withdraw the requirement on the independent expert to prepare a report. If it does so, the tribunal may itself determine the question, or it may determine that a different independent expert should be required to prepare the report.

• (5) When paragraph (4) applies the independent expert who is no longer required to prepare the report shall provide the tribunal with all documentation and work in progress relating to the proceedings by a date specified by the tribunal. Such documentation and work in progress must be in a form which the tribunal is able to use. Such documentation and work in progress may be used in relation to those proceedings by the tribunal or by another independent expert.

• (6) When an independent expert has been required to prepare a report in proceedings the Secretary shall give the independent expert notice of all hearings, orders or decisions in those proceedings as if the independent expert were a party to those proceedings and when these Rules require a party to provide information to another party, such information shall also be provided to the independent expert.

Use of expert evidence

10

• (1) Expert evidence shall be restricted to that which, in the opinion of the tribunal, is reasonably required to resolve the proceedings.

• (2) An expert shall have a duty to assist the tribunal on matters within his expertise. This duty overrides any obligation to the person from whom he has received instructions or by whom he is paid.

• (3) No party may call an expert or put in evidence an expert’s report without the permission of the tribunal. No expert report shall be put in evidence unless it has been disclosed to all other parties and any independent expert at least 28 days prior to the hearing under rule 26 of Schedule 1.

• (4) In proceedings in which an independent expert has been required to prepare a report on the question, the tribunal shall not admit evidence of another expert on the question unless such evidence is based on the facts relating to the question. Unless the tribunal considers it inappropriate to do so, any such expert report shall be disclosed to all parties and to the tribunal on the same date on which the independent expert is required to send his report to the parties and to the tribunal.

• (5) If an expert (other than an independent expert) does not comply with these Rules or an order made by the tribunal or a chairman, the tribunal may order that the evidence of that expert shall not be admitted.

• (6) Where two or more parties wish to submit expert evidence on a particular issue, the tribunal may order that the evidence on that issue is to be given by one joint expert only. When such an order has been made, if the parties wishing to instruct the joint expert cannot agree who should be the expert, the tribunal may select the expert.

Written questions to experts

11

• (1) Where any expert (including an independent expert) has prepared a report, a party or any other expert (including an independent expert) involved in the proceedings may put written questions about the report to the expert who has prepared the report.

• (2) Unless the tribunal or chairman agrees otherwise, written questions under paragraph (1) –

• (a) may be put once only;

• (b) must be put within 28 days of the date on which the parties were sent the report;

• (c) must be for the purpose only of clarifying the factual basis of the report; and

• (d) must be copied to all other parties and experts involved in the proceedings at the same time as they are sent to the expert who prepared the report.

• (3) When written questions have been put to an expert in accordance with paragraph (2) he shall answer those questions within 28 days of receiving them.

• (4) An expert’s answers to questions put in accordance with paragraph (2) shall be treated as part of the expert’s report.

• (5) Where a party has put a written question in accordance with this rule to an expert instructed by another party and the expert does not answer that question, or does not do so within 28 days, the tribunal may order that the party instructing the expert may not rely on the evidence of that expert.

Procedural matters

12

• (1) In proceedings in which an independent expert has been required to prepare a report, the Secretary shall send him notices and inform him of any hearing, application, order or decision in those proceedings as if he were a party to those proceedings.

• (2) For the avoidance of doubt, any requirement in this Schedule to hold a stage 1 or a stage 2 equal value hearing does not preclude holding more than one of each of those types of hearing or other hearings from being held in accordance with Schedule 1.

• (3) Any power conferred on a chairman in Schedule 1 may (subject to the provisions of this Schedule) be carried out by a tribunal or a chairman in relation to proceedings to which this Schedule applies.

National security proceedings

13

• (1) In equal value cases which are also national security proceedings, if a tribunal has required an independent expert to prepare a report on the question, the independent expert shall send a copy of the report to the tribunal and shall not send it to the parties. In such proceedings if written questions have been put to the independent expert under rule 11, the independent expert shall send any answers to those questions to the tribunal and not to the parties.

• (2) Before the Secretary sends to the parties a copy of a report or answers which have been sent to him by the independent expert under paragraph (1), he shall follow the procedure set out in rule 10 of Schedule 2 as if that rule referred to the independent expert’s report or answers (as the case may be) instead of written reasons, except that the independent expert’s report or answers shall not be entered on the Register.

• (3) If the Secretary of State does not give a direction under rule 10(3) of Schedule 2 within the period of 28 days from the date on which the Secretary of State was sent the report or answers to written questions the Secretary shall send a copy of the independent expert’s report or answers to written questions (as the case may be) to the parties.

SCHEDULE 4 — INDUSTRIAL TRIBUNALS (LEVY APPEALS) RULES OF PROCEDURE

Application of Schedule 1

1

Subject to rules 8 and 9, Schedule 1 shall apply to levy appeals. The rules in this Schedule modify the rules in Schedule 1 in relation to levy appeals. If there is conflict between the rules contained in this Schedule and those in Schedule 1, the rules in this Schedule shall prevail.

Notice of appeal

2

A person wishing to appeal an assessment to a levy (the appellant) shall do so by sending to the Board two copies of a notice of appeal which must be substantially in accordance with Form 1 in the Annex to this Schedule, and they must include details of the grounds of their appeal.

Action on receipt of appeal

3

• (1) Subject to rules 4 and 5, the Board shall, within 21 days of receiving the notice of appeal send the following documents to the Office of the Tribunals –

• (a) one copy of the notice of appeal;

• (b) a copy of the assessment notice and of any notice by the Board allowing further time for appealing;

• (c) a notice giving the Board’s address for service under these Rules where that address is different from the address specified in the assessment notice as the address for service of a notice of appeal; and

• (d) any representations in writing relating to the appeal that the Board wishes to submit to the tribunal.

• (2) Failure to comply with any provision of this rule or rule 4 shall not make the appeal invalid.

Requests for further information

4

• (1) Subject to rule 5, this rule applies when, on receiving the notice of appeal, the Board considers that it requires further information on the appellant’s grounds for the appeal and of any facts relevant to those grounds.

• (2) The Board shall send the appellant a notice specifying the further information required by the Board within 21 days of receiving the notice of appeal.

• (3) The appellant shall send the Board two copies of the further information within 21 days of receiving the notice requesting the information, or within such further period as the Board may allow.

• (4) Subject to paragraph (5), within 21 days of receiving the further information the Board shall send the following documents to the Office of the Tribunals –

• (a) the documents listed in rule 3(1);

• (b) a copy of the notice requesting further information;

• (c) any further information which has been provided to the Board; and

• (d) any representations in writing regarding such information which the Board wishes to submit to the tribunal.

• (5) If further information is not received by the Board within the time limit, the documents listed in sub-paragraphs (a) and (b) of paragraph (4) shall be sent by the Board to the Office of the Tribunals –

• (a) within 50 days of the receipt of the notice of appeal by the Board; or

• (b) if the Board has allowed a further period of time for delivery of further particulars under paragraph (3), within 7 days of the end of that period.

Withdrawal of appeal or assessment

5

• (1) The appellant may withdraw the notice of appeal by notice given to the Board at any time and in that event no further action shall be taken in relation to the appeal.

• (2) When an assessment is withdrawn by the Board, it shall notify the Office of the Tribunals and no further action shall be taken in relation to the appeal.

Entry of appeal

6

The Secretary shall as soon as reasonably practicable after receiving from the Board the relevant documents in accordance with rule 3(1), 4(4) or 4(5) –

• (a) enter the following details of the appeal in the Register, namely –

• (i) the case number;

• (ii) the date the Secretary received the relevant documents;

• (iii) the name of the appellant;

• (iv) the fact that the appeal is an appeal by a person assessed to levy imposed under a levy order made under Article 23(2) of the Industrial Training Order;

• (b) give notice to the appellant and to the Board of the case number of the appeal (which must from then on be referred to in all correspondence relating to the appeal) and of the address to which notices and other communications to the Office of the Tribunals shall be sent;

• (c) give notice to the appellant of the Board’s address for service; and

• (d) send to the appellant a copy of any representations in writing that the Board has submitted to the tribunal under rule 3 or 4.

Order for further information

7

• (1) In any case in which the appellant has not sent to the Board further information which has been requested by the Board in accordance with rule 4, a chairman or tribunal may, on the application of the Board, by notice order the appellant to supply such further information as may be specified in the notice, and the appellant shall send two copies of such information to the Office of the Tribunals within such time as the chairman or tribunal may order.

• (2) As soon as is reasonably practicable after receiving the further information from the appellant, the Secretary shall send a copy of the information to the Board.

• (3) An order made under paragraph (1) shall be treated as an order made under rule 10 of Schedule 1 for the purposes of rule 13 of Schedule 1 (compliance with orders and practice directions).

Provisions of Schedule 1 which do not apply to levy appeals

8

The following rules of Schedule 1 shall not apply in relation to levy appeals: rules 1 to 9, 16(1)(c), 18(2)(c) and (e), 20 to 25, 33, 34(1)(a), 34(2), 34(4), 38(4), 39, 42(4), 43, 47, 49 to 53, 55, and 60(4)(a), (8) and (9).

Modification of Schedule 1

9

Schedule 1 shall be further modified in relation to levy appeals as follows –

• (a) all references in Schedule 1 to a claim or claimant shall be read as references to a levy appeal or to an appellant in a levy appeal respectively and as the context may require;

• (b) in rule 60 (notices, etc.) after paragraph 4(f) insert:

(g) in the case of a notice of an appeal brought under the Industrial Training Order, the Board’s address for service specified in the assessment notice; (h) in the case of any other document directed to the Board, the Board’s address for service;

SCHEDULE 5 — INDUSTRIAL TRIBUNALS (HEALTH AND SAFETY – APPEALS AGAINST IMPROVEMENT AND PROHIBITION NOTICES) RULES OF PROCEDURE

Application of Schedule 1

1

Subject to rules 10 and 11, Schedule 1 shall apply to appeals against an improvement notice or a prohibition notice. The rules in this Schedule modify the rules in Schedule 1 in relation to such appeals. If there is conflict between the rules contained in this Schedule and those in Schedule 1, the rules in this Schedule shall prevail.

Notice of appeal

2

A person wishing to appeal an improvement notice or a prohibition notice (the appellant) shall do so by sending to the Office of the Tribunals a notice of appeal which must include the following –

• (a) the name and address of the appellant and, if different, an address to which he requires notices and documents relating to the appeal to be sent;

• (b) the date of the improvement notice or prohibition notice appealed against and the address of the premises or the place concerned;

• (c) the name and address of the respondent;

• (d) details of the requirements or directions which are being appealed; and

• (e) details of the grounds for the appeal.

Time limit for bringing appeal

3

• (1) Subject to paragraph (2), the notice of appeal must be sent to the Office of the Tribunals within 21 days from the date of the service on the appellant of the notice appealed against.

• (2) A tribunal may extend the time mentioned above where it is satisfied, on an application made in writing to the Secretary either before or after the expiration of that time, that it is or was not reasonably practicable for an appeal to be brought within that time.

Action on receipt of appeal

4

On receiving the notice of appeal the Secretary shall –

• (a) enter the following details of the appeal in the Register, namely –

• (i) the case number;

• (ii) the date the Secretary received the notice of appeal;

• (iii) the name of the appellant;

• (iv) the name of the respondent;

• (v) the fact that the appeal is an appeal against an improvement or prohibition notice, as the case may be, under Article 26 of the Health and Safety Order[^f00068],

• (b) send a copy of the notice of appeal to the respondent; and

• (c) inform the parties in writing of the case number of the appeal (which must from then on be referred to in all correspondence relating to the appeal) and of the address to which notices and other communications to the Office of the Tribunals shall be sent.

Application for a direction suspending the operation of a prohibition notice

5

• (1) When an appeal is brought against a prohibition notice, an application may be made by the appellant under Article 26(2)(b) of the Health and Safety Order for a direction suspending the operation of the prohibition notice until the appeal is determined or withdrawn. The application must be presented to the Office of the Tribunals in writing and shall include –

• (a) the case number of the appeal, or if there is no case number sufficient details to identify the appeal; and

• (b) details of the grounds on which the application is made.

• (2) Upon receiving the application, the Secretary shall, as soon as is practicable after it has been received –

• (a) enter the fact of the application against the entry in the Register relating to the appeal;

• (b) send a copy of the application to the respondent; and

• (c) inform the respondent that he has the opportunity to submit representations in writing if he so wishes, but within a specified period of not less than 7 days.

• (3) The chairman shall consider the application and any representations submitted by the respondent, and may –

• (a) order that the operation of the prohibition notice be suspended until the appeal is determined or withdrawn;

• (b) dismiss the appellant’s application; or

• (c) order that the application be determined at a hearing under rule 26 of Schedule 1.

• (4) The chairman must give reasons for any decision made under paragraph (3).

• (5) A decision made under paragraph (3) shall be treated as a decision which may be reviewed upon the application of a party under rule 34 of Schedule 1.

General power to manage proceedings

6

• (1) The chairman may at any time on the application of a party, make an order in relation to any matter which appears to him to be appropriate. Such orders may be those listed in rule 10(2) of Schedule 1 (subject to rule 10 below) or such other orders as he thinks fit. Subject to the case management rules in Schedule 1, orders may be issued as a result of a chairman considering the papers before him in the absence of the parties, or at a hearing.

• (2) If the parties agree in writing upon the terms of any order to be made by the tribunal or chairman, the chairman may, if he thinks fit, order accordingly.

Appointment of an assessor

7

The President or the Vice-President may, if he thinks fit, appoint in accordance with Article 26(3) of the Health and Safety Order a person having special knowledge or experience in relation to the subject matter of the appeal to sit with the tribunal or chairman as an assessor.

Right to withdraw proceedings

8

• (1) An appellant may withdraw all or part of the appeal at any time. This may be done either orally at a hearing or in writing in accordance with paragraph (2).

• (2) To withdraw an appeal or part of one in writing the appellant must inform the Office of the Tribunals in writing of the appeal or the parts of it which are to be withdrawn.

• (3) The Secretary shall inform all other parties of the withdrawal. Withdrawal takes effect on the date on which the Office of the Tribunals (in the case of written notifications) or the tribunal or chairman receives notice of it and where the whole appeal is withdrawn proceedings are brought to an end against the respondent on that date and the tribunal or chairman shall dismiss the appeal. Where part of the appeal is withdrawn, the relevant part of the proceedings so withdrawn is brought to an end against the respondent on that date and the tribunal or chairman shall dismiss that part of the proceedings.

Costs

9

• (1) A tribunal or chairman may make an order (“a costs order”) that a party (“the paying party”) make a payment in respect of the costs incurred by another party (“the receiving party”).

• (2) For the purposes of paragraph (1) “costs” shall mean fees, charges or disbursements incurred by or on behalf of a party in relation to the proceedings.

• (3) The amount of a costs order against the paying party can be determined in the following ways –

• (a) the tribunal may specify the sum which the paying party must pay to the receiving party, provided that sum does not exceed £10,000;

• (b) the parties may agree on a sum to be paid by the paying party to the receiving party and if they do so the costs order shall be for the sum so agreed;

• (c) the tribunal may order the paying party to pay the receiving party the whole or a specified part of the costs of the receiving party with the amount to be paid being determined by way of detailed assessment in a county court in accordance with such of the scales prescribed by county court rules for proceedings in the county court as shall be directed by the order.

• (4) The tribunal or chairman may have regard to the paying party’s ability to pay when considering whether it or he shall make a costs order or how much that order should be.

• (5) For the avoidance of doubt, the amount of a costs order made under either paragraph (3)(b) or (c) may exceed £10,000.

Provisions of Schedule 1 which do not apply to appeals against improvement notices or prohibition notices

10

The following rules in Schedule 1 shall not apply in relation to appeals against improvement and prohibition notices: rules 1 to 9, 10(1), 10(2)(g), (i), (k), (l) and (r), 12, 13, 16(1)(c), 18(2)(c) and (e), 18(8), 20 to 25, 29(3), 33, 34(1)(a), 34(2), 38 to 47, 49 to 53, 55, and 60(4)(a), (8) and (9). All references in Schedule 1 to the rules listed in this rule shall have no effect in relation to an appeal against an improvement notice or a prohibition notice.

Modification of Schedule 1

11

Schedule 1 shall be further modified so that all references in Schedule 1 to a claim shall be read as references to a notice of appeal or to an appeal against an improvement notice or a prohibition notice, as the context may require, and all references to the claimant shall be read as references to the appellant in such an appeal.

SCHEDULE 6 — INDUSTRIAL TRIBUNALS (NON-DISCRIMINATION NOTICES APPEALS) RULES OF PROCEDURE

Application of Schedule 1

1

Subject to rules 4 and 5, Schedule 1 shall apply to appeals against a non-discrimination notice. The rules in this Schedule modify the rules in Schedule 1 in relation to such appeals. If there is conflict between the rules contained in this Schedule and those in Schedule 1, the rules in this Schedule shall prevail.

Notice of appeal

2

A person wishing to appeal a non-discrimination notice (the appellant) shall do so by sending to the Office of the Tribunals a notice of appeal which must be in writing and must include the following –

• (a) the name and address of the appellant and, if different, an address to which he requires notices and documents relating to the appeal to be sent;

• (b) the date of the non-discrimination notice appealed against;

• (c) the name and address of the respondent;

• (d) details of the requirements which are being appealed; and

• (e) details of the grounds for the appeal.

Action on receipt of appeal

3

On receiving the notice of appeal the Secretary shall –

• (a) enter the following details in the Register, namely –

• (i) the case number;

• (ii) the date the Secretary received the notice of appeal;

• (iii) the name of the appellant;

• (iv) the name of the respondent;

• (v) the fact that the appeal is an appeal against a non-discrimination notice under Article 68(1)(a) of the Sex Discrimination Order, Article 56(1)(a) of the Race Relations Order or paragraph 10(1) and (2)(a) of Schedule 1 to the Disability Order, as the case may be,

• (b) send a copy of the notice of appeal to the respondent; and

• (c) inform the parties in writing of the case number of the appeal (which must from then on be referred to in all correspondence relating to the appeal) and of the address to which notices and other communications to the Office of the Tribunals shall be sent.

Provisions of Schedule 1 which do not apply to appeals against non-discrimination notices

4

The following rules in Schedule 1 shall not apply in relation to appeals against a non-discrimination notice: rules 1 to 9, 16(1)(c), 18(2)(c) and (e), 20 to 24, 33, 34(1)(a), 34(2), 34(4), 38(4), 39, 42(4), 43, 47, 49 to 53, 55, and 60(4)(a), (8) and (9). All references in Schedule 1 to the rules listed in this rule shall have no effect in relation to an appeal against a non-discrimination notice.

Modification of Schedule 1

5

Schedule 1 shall be further modified so that all references in Schedule 1 to a claim shall be read as references to a notice of appeal or to an appeal against a non-discrimination notice, as the context may require, and all references to the claimant shall be read as references to the appellant in such an appeal.

Signed

Sealed with the Official Seal of the Department for Employment and Learning on 22nd March 2005.

T. Devine — A senior officer of the — Department for Employment and Learning

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke and replace the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2004 as amended. They have been drafted in simpler language and have been re-numbered and re-ordered. In addition to minor and drafting amendments and the updating of statutory and other references, these Regulations make the following changes of substance.

Regulation 9 gives the President power to make practice directions.

Regulation 10 empowers the Department for Employment and Learning to prescribe forms which are to be used by claimants and respondents in proceedings before an industrial tribunal. The prescribed forms do not have to be used in relation to the proceedings listed in regulation 10(3).

Regulation 11 specifies the manner in which the time limits described in the Schedules to the Regulations are to be interpreted.

Regulation 12 provides that Schedule 1 to the Regulations is to apply to all proceedings before an industrial tribunal. However Schedule 1 is modified by Schedules 2 to 6 in relation to proceedings to which each of those Schedules apply respectively.

Regulation 13 provides that details of claims, appeals, applications, decisions and their associated written reasons are to be entered on the public register.

Regulation 15 makes transitional provision in relation to proceedings which were commenced prior to 3rd April 2005. The Regulations apply to all proceedings commenced on or after that date.

Schedule 1 to the Regulations introduces some new terminology such as “claim”, “claimant”, “response”, “case management discussion” and “default judgement”.

Rules 1 to 3 of Schedule 1 provide that, from 1st October 2005, a claim should be presented using a prescribed form. The provision of certain information (“the required information”) is mandatory if the claim is to be accepted and allowed to proceed. Much of the required information is designed to establish whether the statutory disciplinary and grievance procedures under the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004 are applicable and have been followed.

Rule 4 of Schedule 1 provides that the respondent has 28 days from the date on which he was sent the claim in order to present his response. That time limit may be extended if an application to do so is made before the time limit has expired. As from 1st October 2005 a response should be presented using a prescribed form.

Rule 6 of Schedule 1 provides that the response will not be accepted if the required information in relation to it has not been provided.

Rule 7 of Schedule 1 sets out the details of any counterclaim which must be provided and it allows a chairman to establish the procedure which is to apply to a counterclaim in particular proceedings. Procedure in relation to counterclaims generally may be provided for by practice direction.

Rule 8 of Schedule 1 introduces default judgments where no response has been accepted in proceedings and the time limit for entering the response has expired.

Rules 10 to 13 of Schedule 1 describe the tribunal’s case management powers and the procedure for making applications in proceedings.

Rules 14 to 19 of Schedule 1 describe the different types of hearing which may be held, how such hearings are to be conducted and the orders which may be made at different types of hearings.

Rules 22 to 24 of Schedule 1 provide that, in relation to the majority of proceedings brought before industrial tribunals, there shall be a fixed period of conciliation of either “short” or “standard” length. Rule 23 makes provision for the early termination of such conciliation periods in certain circumstances.

Rule 25 of Schedule 1 establishes the procedure to be followed in order to withdraw a claim.

Rule 26 of Schedule 1 describes a hearing held to determine an outstanding procedural or substantive issue or dispose of the proceedings.

Rule 28 of Schedule 1 describes when orders and decisions may be made. Rule 29 specifies the matters which are to be included in a decision. Rule 30 sets out the circumstances in which it is possible to obtain reasons for a decision.

Rules 33 to 36 of Schedule 1 establish new procedures for reviewing certain decisions made by a tribunal or chairman.

Rules 38 to 41 of Schedule 1 describe the circumstances in which a costs order may be made. Such an order may only be made if the party in favour of whom it is made has been legally represented at the relevant time. The relevant time will generally be at the hearing under rule 26. The ability of the paying party to pay the costs order may also be taken into account by the tribunal or chairman.

Rules 42 to 45 of Schedule 1 describe the circumstances in which a preparation time order may be made. A preparation time order may only be made if the party in favour of whom it is made has not been legally represented at the relevant time. The relevant time will generally be at the hearing under rule 26. The ability of the paying party to pay the preparation time order may be taken into account by the tribunal or chairman. Rule 45 sets out how the amount of a preparation time order is calculated.

Rule 46 of Schedule 1 provides that a tribunal or chairman may not make a preparation time order and a costs order in favour of the same party in the same proceedings.

Rule 48 of Schedule 1 introduces wasted costs orders which may be made against representatives. The orders may not however be made against representatives who are not acting in pursuit of profit in relation to those proceedings.

Rule 50 of Schedule 1 provides that a tribunal or chairman may make a temporary restricted reporting order without holding a hearing and sets out the circumstances in which such an order will lapse. Provision is also included that any person may make representations to the tribunal or chairman before a full restricted reporting order is made.

Schedule 2 modifies the application of Schedule 1 in relation to national security proceedings before an industrial tribunal.

Schedule 3 modifies the application of Schedule 1 in relation to equal value claims under the Equal Pay Act (Northern Ireland) 1970. In relation to these claims, the tribunal is provided with new case management powers.

Rule 3 of Schedule 3 provides that where an equal value claim is disputed the tribunal must hold a stage 1 equal value hearing in accordance both with rule 4 of Schedule 3 and with the rules applicable to pre-hearing reviews in Schedule 1. Rule 4 of Schedule 3 sets out the matters to be dealt with at such a hearing. Rule 5 of Schedule 3 sets out the standard orders which may be made at such a hearing. These standard orders may be added to, varied or omitted by the tribunal.

Rule 6 of Schedule 3 provides that in cases where an independent expert has been required by the tribunal to prepare a report, the tribunal must hold a stage 2 equal value hearing. The rule lists the matters to be dealt with at such a hearing. Rule 7 of Schedule 3 sets out the standard orders which may be made, added to, varied or omitted by the tribunal at such a hearing.

Rule 8 of Schedule 3 makes provision for the admitting in evidence at a hearing (held under rule 26 of Schedule 1) of a report prepared by the independent expert. It also provides that the tribunal may refuse to admit at the hearing evidence which has not been disclosed to the other parties before the hearing.

Rule 9 of Schedule 3 sets out the duties and powers of independent experts.

Rule 10 of Schedule 3 provides that other expert evidence may not be admitted in evidence without the permission of the tribunal. It also makes further provision in relation to other expert evidence.

Rule 11 of Schedule 3 establishes a procedure for putting written questions to experts and for the answers to those questions to be treated as part of the expert’s report.

Rule 13 of Schedule 3 provides that the procedures contained in rule 10 of Schedule 2 are to apply to independent expert reports and answers to written questions in equal value claims which are also national security proceedings.

The Annex to Schedule 3 sets out an indicative timetable for equal value claims to which the tribunal is to have regard when dealing with certain case management matters.

Schedule 4 modifies the application of Schedule 1 in relation to levy appeals under the Industrial Training (Northern Ireland) Order 1984.

Schedule 5 modifies the application of Schedule 1 in relation to appeals against an improvement or prohibition notice under the Health and Safety at Work (Northern Ireland) Order 1978.

Schedule 6 modifies the application of Schedule 1 in relation to appeals against a non-discrimination notice under either the Sex Discrimination (Northern Ireland) Order 1976, the Race Relations (Northern Ireland) Order 1997 or the Equality (Disability, etc.) (Northern Ireland) Order 2000.

A Regulatory Impact Assessment in respect of these Regulations is available and a copy can be obtained from the Department for Employment and Learning, 39-49 Adelaide Street, Belfast BT2 8FD. A copy has also been placed in the library of the Northern Ireland Assembly.

Footnotes

[^f00001]: Formerly the Department of Higher and Further Education, Training and Employment; see 2001 c. 15 (N.I.)

[^f00002]: S.I. 1978/1039 (N.I. 9); Article 26 was modified by S.I. 1984/1159 (N.I. 9), Schedule 4; its interpretation was modified by S.R. 2000 No. 87, regulation 2; S.R. 2000 No. 120, regulation 19; and 2002 c. 8 (N.I.), s. 1

[^f00003]: Article 6(6) was amended by S.I. 1998/1265 (N.I. 8), Schedule 1, paragraph 16(3)

[^f00004]: Article 6A was inserted by S.I. 1998/1265 (N.I. 8), Article 4(5)

[^f00005]: Article 9(3)(f) was modified by S.I. 2003/2902 (N.I. 15), Article 3(1)

[^f00006]: Article 9(3ZA) was inserted by S.I. 2003/2902 (N.I. 15), Article 4

[^f00007]: Article 9(3A) was modified by S.I. 2003/2902 (N.I. 15), Article 5

[^f00008]: Article 9A was inserted by S.I. 2003/2902 (N.I. 15), Article 6

[^f00009]: Article 11(1)(a) was amended by S.I. 2003/2902 (N.I. 15), Article 7(2)

[^f00010]: Article 12 was substituted and Article 12A inserted by S.I. 1999/2790 (N.I. 9), Schedule 8, paragraph 3

[^f00011]: Article 15(1) was substituted by and Article 15(1A), (1B) and (1C) inserted by S.I. 2003/2902 (N.I. 15), Article 8(1)

[^f00012]: Article 15A was inserted by S.I. 2003/2902 (N.I. 15), Article 8(2)

[^f00013]: Article 21 was modified by S.I. 2003/2902 (N.I. 15), Article 3(3) and (4), paragraph 3 of Schedule 5 and Schedule 6

[^f00014]: S.I. 1996/1921 (N.I. 18)

[^f00015]: See S.R. 1999 No. 481

[^f00016]: S.R. 2004 No. 165

[^f00017]: S.R. 2004 No. 317

[^f00018]: S.I. 1976/1042 (N.I. 15)

[^f00019]: 1995 c. 50

[^f00020]: S.I. 1996/1921 (N.I. 18)

[^f00021]: S.I. 1997/869 (N.I. 6)

[^f00022]: S.I. 2003/2902 (N.I. 15)

[^f00023]: S.R. 2003 No. 497

[^f00024]: Article 245(3) was amended by S.I. 1998/1265 (N.I. 8), Articles 10(2)(d), 11(2)(d) and Schedule 1, paragraph 15(1)

[^f00025]: 2000 c. 7

[^f00026]: S.I. 1998/3162 (N.I. 21)

[^f00027]: 1970 c. 32 (N.I.) as amended by S.R. 1984 No. 16 and S.R. 2005 No. 145

[^f00028]: Section 1(2)(c) was inserted by S.R. 1984 No. 16, regulation 2(1)

[^f00029]: Section 2A was inserted by S.R. 1984 No. 16, regulation 3 and amended by S.R. 1996 No. 465, regulation 2 and S.R. 2005 No. 145, regulation 2

[^f00030]: S.I. 1984/1159 (N.I. 9)

[^f00031]: See S.R. & O. (N.I.) 1964 No. 145

[^f00032]: S.I. 1978/1039 (N.I. 9)

[^f00033]: S.I. 2000/1110 (N.I. 2)

[^f00034]: 1998 c. 47

[^f00035]: 1990 c. 41

[^f00036]: Article 6(1) was modified by S.I. 1998/1265 (N.I. 8), Schedule 1, paragraph 16(2)

[^f00037]: 1998 c. 39; Sub-ss 19(2A) and (2B) were inserted by 2003 c. 8, s. 1

[^f00038]: Interpretation of Part II of the Order was modified by S.R. 2000 No. 87, regulation 2; S.R. 2000 No. 120, regulation 19; and 2002 c. 8 (N.I.), s. 1

[^f00039]: S.R. 1994 No. 308

[^f00040]: Article 9(4)(c) was inserted by Schedule 1, paragraph 18(3) to S.I. 1998/1265 (N.I. 8)

[^f00041]: S.I. 1992/807 (N.I. 5)

[^f00042]: Article 63 was modified by S.I. 1998/3162 (N.I. 21), Schedule 3

[^f00043]: Article 52 was modified by S.I. 1998/3162 (N.I. 21), Schedule 3

[^f00044]: Section 8 was renumbered 17A by S.R. 2004 No. 55, regulation 9; section 25(8) was inserted by S.R. 2004 No. 55, regulation 19(3)

[^f00045]: Articles 70A, 134B and 137(5A) were inserted, respectively, by S.I. 1998/1763 (N.I. 17), Articles 5, 8 and 9

[^f00046]: Article 5 was modified by S.I. 1999/663, Schedule 1, paragraph 27(1)

[^f00047]: Article 55 was modified by S.I. 1998/1265 (N.I. 8), Schedule 1, paragraph 9; insertions were made into Article 59(1) by S.I. 2002/2836 (N.I. 2), Schedule 2, paragraph 4(5)

[^f00048]: Article 78 was amended by S.I. 1998/1759 (N.I. 13), Schedule 5, Part II

[^f00049]: Article 92 was amended by S.R. 1999 No. 432, regulation 6

[^f00050]: Article 92A was inserted by S.I. 2003/2902 (N.I. 15), Article 31(2)

[^f00051]: Article 93 was amended by S.I. 2003/2902 (N.I. 15), Article 31(3)

[^f00052]: Article 94 was amended by S.I. 2003/2902 (N.I. 15), Article 31(4) and (5)

[^f00053]: Article 96 was modified by S.R. 2000 No. 375, Schedule 10, paragraph 2

[^f00054]: S.I. 1995/1980 (N.I. 12); Article 35 was substituted by S.I. 1999/661 (N.I. 5), Article 3

[^f00055]: S.I. 1981/1794

[^f00056]: Article 6(1) and Article 6(3) were modified, respectively, by Schedule 1, paragraph 16(2) and by Article 4(2), (3) and (4) of S.I. 1998/1265 (N.I. 8)

[^f00057]: 1990 c. 41

[^f00058]: Section 8 was renumbered 17A by S.R. 2004 No. 55, regulation 9; section 25(8) was inserted by S.R. 2004 No. 55, regulation 19(3)

[^f00059]: Paragraph (4A) was inserted into Article 77A by S.I. 1993/2668 (N.I. 11), Article 11

[^f00060]: S.I. 1981/839 (N.I. 20); Article 5C was inserted by 1994 c. 40 section 35 and Schedule 10 paragraph 2(2)

[^f00061]: Article 144A was inserted by S.I. 1999/2790 (N.I. 9), Schedule 5, paragraph 6

[^f00062]: S.I. 1995/1980 (N.I. 12)

[^f00063]: 1998 c. 47

[^f00064]: S.I. 1988/1303 (N.I. 13)

[^f00065]: Section 1(2)(c) was inserted by S.R. 1984 No. 16, regulation 2(1)

[^f00066]: Section 2A was inserted by S.R. 1984 No. 16, regulation 3 and amended by S.R. 1996 No. 465, regulation 2 and S.R. 2005 No. 145, regulation 2

[^f00067]: Section 1(3) was modified by S.R. 1984 No. 16, regulation 2(2)

[^f00068]: Article 26 was modified by S.I. 1984/1159 (N.I. 9), Schedule 4; its interpretation was modified by S.R. 2000 No. 87, regulation 2; S.R. 2000 No. 120, regulation 19; and 2002 c. 8 (N.I.), s. 1

Editorial notes

[^key-01565628742fb6d4f80b862740678a0e]: Reg. 1 in operation at 3.4.2005, see reg. 1(2)

[^key-7fff40a03e8fb75e75ac3f8df6d40f1a]: Reg. 2 in operation at 3.4.2005, see reg. 1(2)

[^key-97a5a274c9fcb277f8eb239d431eeb94]: Reg. 3 in operation at 3.4.2005, see reg. 1(2)

[^key-f22b2ade095f8ce1f8f37b32e6ce0d98]: Reg. 4 in operation at 3.4.2005, see reg. 1(2)

[^key-80d67e45651fab803038b20d4ad5ad38]: Reg. 5 in operation at 3.4.2005, see reg. 1(2)

[^key-9faf69b19c943e39a5bb9c5dfda89190]: Reg. 6 in operation at 3.4.2005, see reg. 1(2)

[^key-b7f233bf656fed7ac0d1218e3b918c56]: Reg. 7 in operation at 3.4.2005, see reg. 1(2)

[^key-c1349355d25e3f57cf667154d57b537a]: Reg. 8 in operation at 3.4.2005, see reg. 1(2)

[^key-685a39a9fac18d5e7b30ac7c593dca72]: Reg. 9 in operation at 3.4.2005, see reg. 1(2)

[^key-b97728f618fc461af7063af83023a7ca]: Reg. 10 in operation at 3.4.2005, see reg. 1(2)

[^key-d93e5e8e2e0b2b6b46117c797faeddf8]: Reg. 11 in operation at 3.4.2005, see reg. 1(2)

[^key-da615ad00db008e44d3e67b0f0edd324]: Reg. 12 in operation at 3.4.2005, see reg. 1(2)

[^key-44bd2fa638446ebc532762a188a5bc2b]: Reg. 13 in operation at 3.4.2005, see reg. 1(2)

[^key-11c227c83f510ee8ba38cbe5f00dd885]: Reg. 14 in operation at 3.4.2005, see reg. 1(2)

[^key-4f0c667e413f946b6279e1630e972c68]: Reg. 15 in operation at 3.4.2005, see reg. 1(2)

[^key-2a770d7d2506fef5d5596dbcc43f85e0]: Sch. 1 para. 1 in operation at 3.4.2005, see reg. 1(2)

[^key-2e9f319c3c91eab10dfac5e3e45074f2]: Sch. 1 para. 2 in operation at 3.4.2005, see reg. 1(2)

[^key-93b7f1b23b0f389cc8da6e0969d6701f]: Sch. 1 para. 3 in operation at 3.4.2005, see reg. 1(2)

[^key-20a06e5e214deb4357b745fa90dda12d]: Sch. 1 para. 4 in operation at 3.4.2005, see reg. 1(2)

[^key-d1e0c4324291f19ef05a2b4588fd2808]: Sch. 1 para. 5 in operation at 3.4.2005, see reg. 1(2)

[^key-59e93da8f02ef0004bb2e29491e50f42]: Sch. 1 para. 6 in operation at 3.4.2005, see reg. 1(2)

[^key-322354c6040b2c0662d390c3d0004db4]: Sch. 1 para. 7 in operation at 3.4.2005, see reg. 1(2)

[^key-a04a736b92d203b38c9bb8d17549298e]: Sch. 1 para. 8 in operation at 3.4.2005, see reg. 1(2)

[^key-27629870d7fe5002e29745c3e6e5acf8]: Sch. 1 para. 9 in operation at 3.4.2005, see reg. 1(2)

[^key-9ff125ce90bcd814466e96828424dbc7]: Sch. 1 para. 10 in operation at 3.4.2005, see reg. 1(2)

[^key-1e0c76efbd3eae51750c738b266fa95f]: Sch. 1 para. 11 in operation at 3.4.2005, see reg. 1(2)

[^key-c76a611053cc269700245f639d0e80be]: Sch. 1 para. 12 in operation at 3.4.2005, see reg. 1(2)

[^key-8b5778caf052c0a66c8868aac87a1159]: Sch. 1 para. 13 in operation at 3.4.2005, see reg. 1(2)

[^key-d64149c9e9df8516d3ea6af9e4659cd3]: Sch. 1 para. 14 in operation at 3.4.2005, see reg. 1(2)

[^key-722c8f87be17082571270ce973600191]: Sch. 1 para. 15 in operation at 3.4.2005, see reg. 1(2)

[^key-f1c6c99008062409235e1f1c46024cf9]: Sch. 1 para. 16 in operation at 3.4.2005, see reg. 1(2)

[^key-867eb0393fc4559f7c0efb7a9288ec45]: Sch. 1 para. 17 in operation at 3.4.2005, see reg. 1(2)

[^key-938b240f213b76c53a428e99d9e6d369]: Sch. 1 para. 18 in operation at 3.4.2005, see reg. 1(2)

[^key-b79fcbf98c2479da3f1c1dca992d384a]: Sch. 1 para. 20 in operation at 3.4.2005, see reg. 1(2)

[^key-04837014d828b4120c7ae7ff58770d7f]: Sch. 1 para. 21 in operation at 3.4.2005, see reg. 1(2)

[^key-ad4d4f44b8e45eb96874f9f2a9c0de1d]: Sch. 1 para. 22 in operation at 3.4.2005, see reg. 1(2)

[^key-3782bc1206c614981063b4cc8e03f17d]: Sch. 1 para. 23 in operation at 3.4.2005, see reg. 1(2)

[^key-d42a10a3664b47383ba61be5f60df8d1]: Sch. 1 para. 24 in operation at 3.4.2005, see reg. 1(2)

[^key-8bcc7760e076cae39cde5fb94d4c924c]: Sch. 1 para. 25 in operation at 3.4.2005, see reg. 1(2)

[^key-48068d1c042445e5cd4b2bf5adc0a6e5]: Sch. 1 para. 26 in operation at 3.4.2005, see reg. 1(2)

[^key-8eed8e97169ab54b1dfca3187e7e68fb]: Sch. 1 para. 27 in operation at 3.4.2005, see reg. 1(2)

[^key-b8603a763eca6783898a7256f7794079]: Sch. 1 para. 28 in operation at 3.4.2005, see reg. 1(2)

[^key-810de3d2c07ae072708c6d974e9de7e3]: Sch. 1 para. 29 in operation at 3.4.2005, see reg. 1(2)

[^key-6dd48ecbf87c798dcca7f487e2dc3b5b]: Sch. 1 para. 30 in operation at 3.4.2005, see reg. 1(2)

[^key-013bf82511f00b139ccfeeb6c780570a]: Sch. 1 para. 31 in operation at 3.4.2005, see reg. 1(2)

[^key-3dc49cf4bd51a7008c52cb80486c9a00]: Sch. 1 para. 32 in operation at 3.4.2005, see reg. 1(2)

[^key-5a46a21a2abdc3d8330b81827deb1a4a]: Sch. 1 para. 33 in operation at 3.4.2005, see reg. 1(2)

[^key-1044e6ecd678c395c12e23003227327f]: Sch. 1 para. 34 in operation at 3.4.2005, see reg. 1(2)

[^key-1e53b9df4dbeca532cae7378472ff6ca]: Sch. 1 para. 35 in operation at 3.4.2005, see reg. 1(2)

[^key-9f265878d9b6d279c9ee744d8da9c875]: Sch. 1 para. 36 in operation at 3.4.2005, see reg. 1(2)

[^key-c570b3bf7b3f27cfbbedfe2fd0b68b1b]: Sch. 1 para. 37 in operation at 3.4.2005, see reg. 1(2)

[^key-b2494cb324f82a4bac07ab4a2cfaa176]: Sch. 1 para. 38 in operation at 3.4.2005, see reg. 1(2)

[^key-dcde65f3b6ed3ae4e990aa9917986ee3]: Sch. 1 para. 39 in operation at 3.4.2005, see reg. 1(2)

[^key-675efe28e047a9d7b6688051db2b95c0]: Sch. 1 para. 40 in operation at 3.4.2005, see reg. 1(2)

[^key-bb54409c65525e54a14a57872422b0bd]: Sch. 1 para. 41 in operation at 3.4.2005, see reg. 1(2)

[^key-0e4dd6087c4ab8001b84ba854fad83a3]: Sch. 1 para. 42 in operation at 3.4.2005, see reg. 1(2)

[^key-5498b5711643b5b6b30a4cadeec69798]: Sch. 1 para. 43 in operation at 3.4.2005, see reg. 1(2)

[^key-fe8b8f9ab2849ab6e7fb0d17248a796d]: Sch. 1 para. 44 in operation at 3.4.2005, see reg. 1(2)

[^key-a72c37c8f2091cfe81cae544e2a00d83]: Sch. 1 para. 45 in operation at 3.4.2005, see reg. 1(2)

[^key-6533f52acb6a78f5d596167a439a7f7e]: Sch. 1 para. 46 in operation at 3.4.2005, see reg. 1(2)

[^key-db64b38ff77c42fd0036ea3fa2dbb66d]: Sch. 1 para. 47 in operation at 3.4.2005, see reg. 1(2)

[^key-3dc6f91b37b205e6bd60818eb560ce27]: Sch. 1 para. 48 in operation at 3.4.2005, see reg. 1(2)

[^key-901cdb8a508234dae17fa299efab9871]: Sch. 1 para. 49 in operation at 3.4.2005, see reg. 1(2)

[^key-e6d42f50332f37513ea92db44c8f9733]: Sch. 1 para. 50 in operation at 3.4.2005, see reg. 1(2)

[^key-1f46d161f63bedced018bae1e7d950b8]: Sch. 1 para. 51 in operation at 3.4.2005, see reg. 1(2)

[^key-20cf7b9883926b4ecb6ad72b5a963f25]: Sch. 1 para. 52 in operation at 3.4.2005, see reg. 1(2)

[^key-e33f48659b237258af7feca18132a3a5]: Sch. 1 para. 53 in operation at 3.4.2005, see reg. 1(2)

[^key-88857439512937e325f6a419ca02d7d1]: Sch. 1 para. 54 in operation at 3.4.2005, see reg. 1(2)

[^key-47e07aceb58d8af7bbb6039b49520625]: Sch. 1 para. 55 in operation at 3.4.2005, see reg. 1(2)

[^key-cba55d6b3423560853b359a4b21f24f3]: Sch. 1 para. 56 in operation at 3.4.2005, see reg. 1(2)

[^key-6b58c580bd826255150f21413dfa96e8]: Sch. 1 para. 58 in operation at 3.4.2005, see reg. 1(2)

[^key-abcf284ee7085abffba72f0945401871]: Sch. 1 para. 59 in operation at 3.4.2005, see reg. 1(2)

[^key-50ee4672b2926b482a7bb8ae14dd6f39]: Sch. 1 para. 60 in operation at 3.4.2005, see reg. 1(2)

[^key-f233e78537a4b74398369bc817bb86cc]: Sch. 2 para. 1 in operation at 3.4.2005, see reg. 1(2)

[^key-d11a013ecf5ee2537c0fbf8846fec939]: Sch. 2 para. 2 in operation at 3.4.2005, see reg. 1(2)

[^key-dfafc73f919be01424c4f6438bbcbb65]: Sch. 2 para. 3 in operation at 3.4.2005, see reg. 1(2)

[^key-0a7850a13a98a4ab6ab634e0bdd4300d]: Sch. 2 para. 4 in operation at 3.4.2005, see reg. 1(2)

[^key-759dfabed4fac72cfdb142c3fb4ba232]: Sch. 2 para. 5 in operation at 3.4.2005, see reg. 1(2)

[^key-c1c527d7b95a0277692fa4df324aaf18]: Sch. 2 para. 6 in operation at 3.4.2005, see reg. 1(2)

[^key-ca59f2c15c27611d8c6069085e800077]: Sch. 2 para. 7 in operation at 3.4.2005, see reg. 1(2)

[^key-88cd1e0c54d3693b47ca494bbbe3a313]: Sch. 2 para. 8 in operation at 3.4.2005, see reg. 1(2)

[^key-adadab726ebdc15e9dbdbbce97933e28]: Sch. 2 para. 9 in operation at 3.4.2005, see reg. 1(2)

[^key-e625bbaddf21eb6ba1f2fbd6423cde1b]: Sch. 2 para. 10 in operation at 3.4.2005, see reg. 1(2)

[^key-9774fd00c60364e1bc5d3aa65a454086]: Sch. 2 para. 11 in operation at 3.4.2005, see reg. 1(2)

[^key-b6afcb5abd8a202ec15ce1a9caef95fa]: Sch. 2 para. 12 in operation at 3.4.2005, see reg. 1(2)

[^key-fd966d79e62831a570c2050ad915d12b]: Sch. 3 para. 1 in operation at 3.4.2005, see reg. 1(2)

[^key-a9ab13e0720f96a520acee59a13617da]: Sch. 3 para. 2 in operation at 3.4.2005, see reg. 1(2)

[^key-f7c4ec09d5aa17a73d4d4c5f3e718292]: Sch. 3 para. 3 in operation at 3.4.2005, see reg. 1(2)

[^key-f2ffe268718f17d14d86d08b92a54774]: Sch. 3 para. 4 in operation at 3.4.2005, see reg. 1(2)

[^key-41b77250a3ffd40e75917816be3504b9]: Sch. 3 para. 5 in operation at 3.4.2005, see reg. 1(2)

[^key-5ed26dbf8be204a9cc5924b9fc71d7e6]: Sch. 3 para. 6 in operation at 3.4.2005, see reg. 1(2)

[^key-e8437a45f12a640166eb545cad071ebe]: Sch. 3 para. 7 in operation at 3.4.2005, see reg. 1(2)

[^key-102a1d3f8f6cdc29cd08ded9603cdf5d]: Sch. 3 para. 8 in operation at 3.4.2005, see reg. 1(2)

[^key-8026011161b9bf8b64cb31b196489a24]: Sch. 3 para. 9 in operation at 3.4.2005, see reg. 1(2)

[^key-c5ff6fc0429d879db17d7b7eac80a5b3]: Sch. 3 para. 10 in operation at 3.4.2005, see reg. 1(2)

[^key-3586ee71bdfb5d3823dae0d336d5778d]: Sch. 3 para. 11 in operation at 3.4.2005, see reg. 1(2)

[^key-471e0887b4983ac500a4763d999d10d4]: Sch. 3 para. 12 in operation at 3.4.2005, see reg. 1(2)

[^key-be7c7c21d8fbc4f71690409a89f1d436]: Sch. 3 para. 13 in operation at 3.4.2005, see reg. 1(2)