Judicial Review and Courts Act 2022

Schedule A1 (1) (1) The Tribunal Procedure Committee must exercise its power to make Procedure Rules with a view to securing— (a) that justice is done in proceedings before the tribunal, (b) that the tribunal system is accessible and fair, (c) that proceedings are handled quickly and efficiently, (d) that Procedure Rules are both simple and simply expressed, and (e) that Procedure Rules, where appropriate, confer responsibility on members of the tribunal for ensuring that proceedings before the tribunal are handled quickly and efficiently. (2) In sub-paragraph (1)(b), “the tribunal system” means the system for deciding matters within the jurisdiction of the tribunal. (2) (1) Procedure Rules may provide for functions of the tribunal to be exercised by staff appointed under section 2(1) of the Courts Act 2003 (court staff) or section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (tribunal staff). (2) In making provision of the kind mentioned in sub-paragraph (1) in relation to a function, Procedure Rules may (in particular)— (a) provide for the function to be exercisable by a member of staff only if the member of staff is, or is of a description, specified in exercise of a discretion conferred by Procedure Rules; (b) provide for the function to be exercisable by a member of staff only if the member of staff is approved, or is of a description approved, for the purpose by a person specified in Procedure Rules. (3) A person may exercise functions by virtue of this paragraph only if authorised to do so by the Senior President of Tribunals. (4) An authorisation under this paragraph— (a) may be subject to conditions, and (b) may be varied or revoked by the Senior President of Tribunals at any time. (5) The Senior President of Tribunals may delegate to one or more of the following the Senior President of Tribunals’ functions under the preceding provisions of this paragraph— (a) a judicial office holder; (b) a person appointed under section 2(1) of the Courts Act 2003 or section 40(1) of the Tribunals, Courts and Enforcement Act 2007. (6) A person to whom functions of the Senior President of Tribunals are delegated under sub-paragraph (5)(b) is not subject to the direction of any person other than— (a) the Senior President of Tribunals, or (b) a judicial office holder nominated by the Senior President of Tribunals, when exercising the functions. (7) Subsections (3) to (5) of section 8 of the Tribunals, Courts and Enforcement Act 2007 apply to a delegation under sub-paragraph (5) as they apply to a delegation under subsection (1) of that section. (8) In this paragraph, “judicial office holder” means— (a) a judicial office holder within the meaning given by section 109(4) of the Constitutional Reform Act 2005, or (b) the President of Employment Tribunals (Scotland). (3) Procedure Rules may make provision for time limits as respects initiating, or taking any step in, proceedings before the tribunal. (4) Procedure Rules may include provision for determining whether proceedings before the tribunal are to be brought in England and Wales or in Scotland. (5) Procedure Rules may make provision restricting the making of fresh applications where a previous application in relation to the same matter has been made. (6) Procedure Rules may make provision about the circumstances in which the tribunal may exercise its powers of its own initiative. (7) Procedure Rules may— (a) make provision for dealing with matters without a hearing; (b) make provision as respects allowing or requiring a hearing to be in private or as respects allowing or requiring a hearing to be in public. (8) Procedure Rules may make provision for proceedings to take place, in circumstances described in Procedure Rules, at the request of one party even though the other, or another, party has had no notice. (9) Procedure Rules may make provision conferring additional rights of audience before the tribunal. (10) Procedure Rules may make provision— (a) for the Secretary of State to be treated (either generally or in circumstances prescribed by the Rules) as a party to any proceedings, and (b) for the Secretary of State to be entitled to appear and to be heard accordingly. (11) (1) Procedure Rules may make provision about evidence (including evidence on oath and administration of oaths). (2) Procedure Rules may modify any rules of evidence provided for elsewhere, so far as they would apply to proceedings before the tribunal. (3) Procedure Rules may make provision, where an employment tribunal has required a person— (a) to attend at any place for the purpose of giving evidence, (b) otherwise to be available to give evidence, (c) to swear an oath in connection with the giving of evidence, (d) to give evidence as a witness, (e) to produce a document, or (f) to facilitate the inspection of a document or any other thing (including any premises), for the Appeal Tribunal to deal with non-compliance with the requirement as though the requirement had been imposed by the Appeal Tribunal. (4) Procedure Rules may make provision for the payment of expenses and allowances to persons giving evidence, producing documents, attending proceedings or required to attend proceedings. (12) (1) Procedure Rules may make provision for the disclosure or non-disclosure of information received during the course of proceedings before the tribunal. (2) Procedure Rules may make provision for imposing reporting restrictions in circumstances described in Procedure Rules. (13) Procedure Rules may make provision for a party to proceedings to deduct, from amounts payable by the party, amounts payable to the party. (14) Procedure Rules may confer power on the tribunal to reconsider or review its decisions, and revoke or vary its orders and awards, in such circumstances as may be determined in accordance with Procedure Rules. (15) (1) Procedure Rules may make provision for the correction of accidental errors in a decision or record of a decision. (2) Procedure Rules may make provision for the setting aside of a decision in proceedings before the tribunal— (a) where a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party’s representative, (b) where a document relating to the proceedings was not sent to the tribunal at an appropriate time, (c) where a party to the proceedings, or a party’s representative, was not present at a hearing related to the proceedings, or (d) where there has been any other procedural irregularity in the proceedings. (3) Sub-paragraphs (1) and (2) do not affect, and are not affected by, any power to correct errors or set aside decisions that is exercisable apart from rules made by virtue of those sub-paragraphs. (16) Procedure Rules may make provision for the registration and proof of decisions, orders and awards of the tribunal. (17) Procedure Rules may confer on the tribunal such ancillary powers as are necessary for the proper discharge of its functions. (18) Procedure Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions under section 7A or 29A. (19) Procedure Rules may make provision in the form of presumptions (including, in particular, presumptions as to service or notification). (20) Procedure Rules may make different provision for different purposes or different areas. (21) (1) Part 3 of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007 (which makes provision about how Tribunal Procedure Rules are to be made) applies to the making of Procedure Rules under this Act as it applies to the making of Tribunal Procedure Rules under section 22 of that Act, with the following modifications. (2) In paragraph 28(1)(a) of that Schedule, the reference to the Chamber Presidents is to be read as a reference to the President of the Employment Tribunals (England and Wales) and the President of the Employment Tribunals (Scotland). (3) In paragraph 28A(1) of that Schedule— (a) the reference to the First-tier Tribunal or Upper Tribunal is to be read as a reference to an employment tribunal or the Employment Appeal Tribunal, and (b) the reference to paragraph 3 of that Schedule is to be read as a reference to paragraph 2 of this Schedule. (22) In this Schedule, “the tribunal” means— (a) an employment tribunal, in relation to Procedure Rules in respect of employment tribunals; (b) the Appeal Tribunal, in relation to Procedure Rules in respect of the Appeal Tribunal.

Part 2 — Other amendments of the Employment Tribunals Act 1996

Introduction

2

The Employment Tribunals Act 1996 is amended as follows.

Employment tribunals

3

• (1) Section 7A (practice directions) is amended as follows.

• (2) In subsection (A1), after “about the” insert “practice and”.

• (3) For subsection (1) substitute—

(1) The territorial President may make directions about the practice and procedure of employment tribunals.

• (4) Omit subsection (2).

• (5) In subsection (2A), for “power under subsection (A1) includes” substitute “powers under subsections (A1) and (1) include”.

• (6) In subsection (2C), for “(1)(a)” substitute “(1)”.

4

• (1) Section 7B (mediation) is amended as follows.

• (2) Before subsection (1) insert—

(A1) A person exercising power to make Procedure Rules or give practice directions must, when making provision in relation to mediation, have regard to the following principles— (a) mediation of matters in dispute between parties to proceedings is to take place only by agreement between those parties; (b) where parties to proceedings fail to mediate, or where mediation between parties to proceedings fails to resolve disputed matters, the failure is not to affect the outcome of the proceedings.

• (3) In subsection (1), for the words from “Employment” to “directions to” substitute “Practice directions under section 7A may”.

• (4) In subsection (2)—

• (a) for “included in employment tribunal procedure regulations” substitute “made”;

• (b) omit “enabling practice directions to provide for”.

5

• (1) Section 9 (pre-hearing reviews) is amended as follows.

• (2) For the heading substitute “Preliminary hearings”.

• (3) For subsection (1) substitute—

(1) If Procedure Rules authorise an employment tribunal to carry out a preliminary hearing, Procedure Rules may make provision for enabling such powers as may be prescribed by the Rules to be exercised in connection with the hearing.

• (4) In subsection (2)—

• (a) in the words before paragraph (a), for “regulations” substitute “Rules”;

• (b) in paragraph (a)—

• (i) for “pre-hearing review” substitute “preliminary hearing”;

• (ii) omit “under the regulations”;

• (iii) for “regulations” (in the remaining place it occurs) substitute “Rules”;

• (iv) omit “of an amount not exceeding £1,000”.

• (5) After subsection (2) insert—

(2ZA) Procedure Rules of the kind mentioned in subsection (2)(a) may not provide for a deposit of an amount exceeding £1,000.

• (6) For subsection (2A) substitute—

(2A) Procedure Rules may not enable a power of striking out to be exercised in a preliminary hearing on a ground which does not apply outside a preliminary hearing.

• (7) In subsection (3)—

• (a) for “Secretary of State” substitute “Lord Chancellor”;

• (b) for “(2)(a)” substitute “(2ZA)”.

• (8) Omit subsection (4).

• (9) At the end insert—

(5) In this section “preliminary hearing” means a hearing in any proceedings before an employment tribunal which takes place at a time before a hearing held for the purpose of determining them.

6

• (1) Section 10 (national security) is amended as follows.

• (2) In subsections (2), (5) and (6), omit “Employment tribunal procedure”.

• (3) In subsections (6) and (7), omit “employment tribunal procedure”.

• (4) After subsection (9) insert—

(10) Regulations under this section are to be made by the Lord Chancellor.

7

Omit section 10A (confidential information).

8

In section 11 (restriction of publicity in cases involving sexual misconduct)—

• (a) in subsection (1), for “Employment tribunal procedure regulations” substitute “Procedure Rules”;

• (b) in subsection (6), in paragraph (a) of the definition of “restricted reporting order”, for “regulations made by virtue of this section” substitute “Procedure Rules of the kind mentioned in subsection (1)(b)”.

9

In section 12 (restriction of publicity in disability cases)—

• (a) in subsection (2), for “Employment tribunal procedure regulations” substitute “Procedure Rules”;

• (b) in subsection (7)—

• (i) in the definition of “promulgation”, for “regulations made by virtue” substitute “Procedure Rules made for the purposes”;

• (ii) in paragraph (a) of the definition of “restricted reporting order”, for “regulations made by virtue of this section” substitute “Procedure Rules of the kind mentioned in subsection (2)(a)”.

10

In section 12A(9) (subsequent award of compensation not to necessitate review of financial penalties), in the words before paragraph (a), after “be” insert “reconsidered or”.

11

• (1) Section 13 (costs and expenses) is amended as follows.

• (2) For subsection (1) substitute—

(1) Procedure Rules may make provision for regulating matters relating to— (a) costs or expenses; (b) allowances payable under section 5(2)(c) or (3).

• (3) In subsection (1A)—

• (a) for “Regulations under subsection (1) may” substitute “Procedure Rules may, in particular,”;

• (b) omit “under such regulations”.

• (4) In subsection (1B), for “Employment tribunal procedure regulations may” substitute “Procedure Rules may, in particular,”.

• (5) In subsection (1C), for “Employment tribunal procedure regulations may also” substitute “Procedure Rules may, in particular,”.

• (6) In subsection (2), for “employment tribunal procedure regulations shall” substitute “Procedure Rules must”.

• (7) In subsection (3)—

• (a) for the words from “Provision” to “must” substitute “If Procedure Rules make provision of the kind mentioned in subsection (1)(a), Procedure Rules must also”;

• (b) for “regulations” (in the remaining place it occurs) substitute “Rules”.

• (8) In subsection (4)(a), for “the regulations” substitute “Procedure Rules”.

12

• (1) Section 13A (payments in respect of preparation time) is amended as follows.

• (2) In subsection (1), for “Employment tribunal procedure regulations” substitute “Procedure Rules”.

• (3) In subsection (2)—

• (a) for “Regulations under subsection (1) may” substitute “Procedure Rules may, in particular,”;

• (b) for “under such regulations” substitute “as described in subsection (1)”.

• (4) In subsection (2A)—

• (a) for the words from “Provision” to “must” substitute “If Procedure Rules include provision of the kind mentioned in subsection (1), Procedure Rules must also”;

• (b) for “regulations” (in the remaining place it occurs) substitute “Rules”.

• (5) In subsection (2B)(a), for “the regulations” substitute “Procedure Rules”.

• (6) In subsection (3)—

• (a) in the words before paragraph (a), for “employment tribunal procedure regulations” substitute “Procedure Rules”;

• (b) in paragraph (b), for “of the kind mentioned in section 13(1)(a)” substitute “for the award of costs or expenses”.

• (7) In subsection (4)—

• (a) in the words before paragraph (a), for “the regulations” substitute “Procedure Rules”;

• (b) in paragraph (b), for “of the kind mentioned in section 13(1)(a)” substitute “of costs or expenses”.

13

In section 14 (interest), in subsections (1) and (3)(f), for “Secretary of State” substitute “Lord Chancellor”.

14

In section 15 (enforcement)—

• (a) in subsection (1), for “employment tribunal procedure regulations” substitute “Procedure Rules”;

• (b) in subsection (3), in paragraphs (a) and (b), after “being” insert “reconsidered or”.

15

• (1) Section 18A (requirement to contact ACAS before instituting proceedings) is amended as follows.

• (2) In subsection (10), for “employment tribunal procedure regulations” substitute “regulations made by the Secretary of State”.

• (3) In subsection (11), omit “employment tribunal procedure”.

• (4) In subsection (12)—

• (a) in the words before paragraph (a), for “Employment tribunal procedure regulations” substitute “The regulations”;

• (b) in paragraph (a), for “such regulations” substitute “the regulations”.

16

In section 19(1) (conciliation procedure), for “Employment tribunal procedure regulations shall” substitute “Procedure Rules must”.

17

In section 19A(9) (power to provide time limits for certain applications about settlement sums), for “Employment tribunal procedure regulations” substitute “Procedure Rules”.

Employment Appeal Tribunal

18

In section 29A (practice directions)—

• (a) in subsection (1), after “about the” insert “practice and”;

• (b) in subsection (5), after “about the” insert “practice or”.

19

After section 30 insert—

(30A) (1) The Lord Chancellor may by regulations make provision about the composition of the Appeal Tribunal (including provision disapplying or modifying section 28) for the purposes of proceedings in relation to which— (a) a direction is given under subsection (2), or (b) an order is made under subsection (3). (2) A direction may be given under this subsection by a Minister of the Crown if— (a) it relates to particular Crown employment proceedings, and (b) the Minister considers it expedient in the interests of national security. “Crown employment proceedings” is to be read in accordance with section 10(8). (3) An order may be made under this subsection by a judge of the Appeal Tribunal in relation to particular proceedings if the judge considers it expedient in the interests of national security. (4) The Lord Chancellor may by regulations make, in relation to the Appeal Tribunal, provision of a kind which may be made in relation to employment tribunals under section 10(5), (6) or (7). (5) For the purposes of subsection (4), references in section 10(6) and (7) to things enabled or done by virtue of any provision in section 10(5) or (6) are to be read as references to things enabled or done by virtue of subsection (4) so far as it refers to that provision. (6) Section 10B applies in relation to a direction to, or determination of, the Appeal Tribunal as it applies in relation to a direction to or determination of an employment tribunal. (7) For the purposes of subsection (6), the references in section 10B(1) to section 10(5) and 10(6) are to be read as references to subsection (4) of this section so far as it refers to section 10(5) or (as the case may be) 10(6).

20

In section 31 (restriction of publicity in cases involving sexual misconduct)—

• (a) in subsection (1), for “Appeal Tribunal procedure rules” substitute “Procedure Rules”;

• (b) in subsection (7)(a)(i), for “rules made by virtue of this section” substitute “Procedure Rules of the kind mentioned in subsection (1)(b)”.

21

In section 32 (restriction of publicity in disability cases)—

• (a) in subsection (2), for “Appeal Tribunal procedure rules” substitute “Procedure Rules”;

• (b) in subsection (7)(b)(i), for “rules made by virtue of this section” substitute “Procedure Rules of the kind mentioned in subsection (2)(a)”;

• (c) in subsection (8), in the definition of “promulgation”, for “rules made by virtue” substitute “Procedure Rules made for the purposes”.

22

• (1) Section 34 (costs and expenses) is amended as follows.

• (2) For subsection (1) substitute—

(1) Procedure Rules may make provision for regulating matters relating to costs and expenses.

• (3) In subsection (2), for “Rules under subsection (1) may” substitute “Procedure Rules may, in particular,”.

• (4) In subsection (3), for “Appeal Tribunal procedure rules may” substitute “Procedure Rules may, in particular,”.

• (5) In subsection (4), for “Appeal Tribunal procedure rules may also” substitute “Procedure Rules may, in particular,”.

General

23

In the heading of Part 3, at the beginning insert “General and”.

24

After section 37QA (inserted by section 34(4) of this Act) insert—

(37QB) (1) The Lord Chancellor may by regulations amend, repeal or revoke any enactment to the extent that the Lord Chancellor considers necessary or desirable— (a) in order to facilitate the making of Procedure Rules, or (b) in consequence of— (i) section 37QA, (ii) Schedule A1, or (iii) Procedure Rules. (2) In subsection (1) “enactment” means any enactment whenever passed or made, including an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978.

25

• (1) Section 41 (orders, regulations and rules) is amended as follows.

• (2) After subsection (1) insert—

(1A) No recommendation may be made to Her Majesty to make an Order in Council under section 38(4) unless a draft of the Order in Council has been laid before Parliament and approved by a resolution of each House of Parliament.

• (3) In subsection (2)—

• (a) for the words from the beginning to “no order shall be made under” substitute

A statutory instrument containing— (a) an order under

;

• (b) for “and no regulations are to be made under” substitute—

(b) regulations under

;

• (c) for the words from “unless a draft” to the end substitute

, or (c) regulations under section 37QB that amend or repeal provision made by an Act, may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (4) After subsection (4) insert—

(5) This section does not apply in relation to Procedure Rules (the procedure for which is provided for by Schedule A1).

26

In section 42(1) (definition of terms)—

• (a) omit the definitions of “Appeal Tribunal procedure rules” and “employment tribunal procedure regulations”;

• (b) at the appropriate place insert—

• “Procedure Rules” is to be read in accordance with section 37QA(2), and—in Part 1, means Procedure Rules in respect of employment tribunals;in Part 2, means Procedure Rules in respect of the Appeal Tribunal,

;

• (c) omit the “and” immediately before the definition of “trade union”;

• (d) after that definition insert—

• “Tribunal Procedure Committee” means the committee of that name constituted under Part 2 of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.

Part 3 — Related amendments of other legislation

Employment Rights Act 1996

27

In section 163 of the Employment Rights Act 1996 (references to employment tribunals about redundancy payments), after subsection (5) insert—

(6) Where in accordance with Employment Tribunal Procedure Rules an employment tribunal determines in the same proceedings a complaint presented under section 111 (unfair dismissal) and a question referred under this section, subsection (2) has no effect for the purposes of the proceedings in so far as they relate to the complaint under section 111.

Tribunals, Courts and Enforcement Act 2007

28

In section 8(2) of the Tribunals, Courts and Enforcement Act 2007 (functions of the Senior President of Tribunals not capable of delegation under that section), at the end insert—

paragraph 2 of Schedule A1 to the Employment Tribunals Act 1996.

29

• (1) Schedule 5 to the Tribunals, Courts and Enforcement Act 2007 (which, among other things, deals with membership of the Tribunals Procedure Committee) is amended as follows.

• (2) In paragraph 21 (Lord Chancellor’s appointees)—

• (a) in sub-paragraph (1)(a), for “three” substitute “four”;

• (b) after sub-paragraph (1) insert—

(1A) At least one of those persons must have experience of— (a) practice in employment tribunals and the Employment Appeal Tribunal, or (b) advising persons involved in employment tribunal proceedings and the Employment Appeal Tribunal.

• (3) In paragraph 22(1) (Lord Chief Justice’s appointees)—

• (a) omit “and” at the end of paragraph (b);

• (b) at the end of paragraph (c) insert

, and (d) one person who is a judge, or other member, of the Employment Appeal Tribunal or a member of a panel of members of employment tribunals (whether or not a panel of Employment Judges).

Quashing orders

Exclusion of review of Upper Tribunal’s permission-to-appeal decisions

Automatic online conviction and penalty for certain summary offences

Guilty plea in writing: extension to proceedings following police charge

Extension of single justice procedure to corporations

Written procedure for indicating plea and determining mode of trial: adults

Initial option for adult accused to reject summary trial at hearing

Written procedure for indicating plea and determining mode of trial: children

Powers to proceed if accused absent from allocation hearing

Sending cases to Crown Court for trial

Powers of Crown Court to remit cases to the magistrates’ court

Powers of youth court to transfer cases if accused turns 18

Maximum term of imprisonment on summary conviction for either-way offence

Involvement of parent or guardian in proceedings conducted in writing

Removal of certain requirements for hearings about procedural matters

Documents to be served in accordance with Criminal Procedure Rules

Power to make consequential or supplementary provision

Consequential and related amendments

Rules for online procedure in courts and tribunals

“Specified kinds” of proceedings

Provision supplementing section 19

The Online Procedure Rule Committee

General powers of the Online Procedure Rule Committee

Power to make certain provision about dispute-resolution services

Power to change certain requirements relating to the Committee

Process for making Online Procedure Rules

Power to require Online Procedure Rules to be made

Power to make amendments in relation to Online Procedure Rules

Duty to make support available for those who require it

Power to make consequential or supplementary provision

Amendments of other legislation

Judicial agreement to certain regulations

Interpretation of this Chapter

Employment Tribunal Procedure Rules

Composition of tribunals

Saving for existing procedural provisions

Exercise of tribunal functions by authorised persons

Responsibility for remunerating tribunal members

Discontinuance of investigation where cause of death becomes clear

Power to conduct non-contentious inquests in writing

Use of audio or video links at inquests

Suspension of requirement for jury at inquest where coronavirus suspected

Phased transition to new coroner areas

Provision of information to registrar when investigation discontinued

Abolition of local justice areas

The Mayor’s and City of London Court: removal of duty to provide premises

The City of London Magistrates’ Court: removal of duty to provide premises

Payments in respect of pro bono representation

Short title

Extent

Commencement and transitional provision

Short title

Road Traffic Act 1960

Misuse of Drugs Act 1971

Prices Act 1974

Salmon and Freshwater Fisheries Act 1975

Isle of Man Act 1979

Magistrates’ Courts Act 1980

Public Passenger Vehicles Act 1981

Video Recordings Act 1984

Weights and Measures Act 1985

Road Traffic Act 1988

Road Traffic Offenders Act 1988

Transport and Works Act 1992

Powers of Criminal Courts (Sentencing) Act 2000

Criminal Justice and Police Act 2001

Amendments in connection with section 3

Contents of practice directions

Giving practice directions

Particular provision in practice directions

Power to give practice directions

Contents of practice directions

Giving practice directions

Particular provision in practice directions

Power to give practice directions

Contents of practice directions

Giving practice directions

Particular provision in practice directions

Practice directions relating to mediation

Employment Tribunals Act 1996

Civil Procedure Act 1997

Courts Act 2003

Tribunals, Courts and Enforcement Act 2007

Introduction

Employment tribunals

Employment Appeal Tribunal

General

Tribunals, Courts and Enforcement Act 2007

Editorial notes