The Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993

• (4) Where for any sufficient reason service of any document or notice cannot be effected in the manner prescribed under this rule, the President or a Regional Chairman may make an order for substituted service in such manner as he may deem fit and such service shall have the same effect as service in the manner prescribed under this rule.

Signed

Signed by order of the Secretary of State

Ann Widdecombe — Parliamentary Under Secretary of State, — Department of Employment — 17th November 1993

Explanatory note

(This note is not part of the Regulations)

These Regulations, which come into force on 16th December 1993, replace the regulations which establish industrial tribunals. The Regulations contain, in Schedules 1 to 5, new rules of procedure for proceedings before industrial tribunals which replace the existing rules of procedure. The Regulations apply to proceedings in England and Wales.

The rules in the Schedules apply to the following proceedings–

The Regulations and rules incorporate provisions which implement or take account of the following recent provisions of primary legislation–

• (a) sections 128(2A), (2B), (2C), (2D), (2E) and (2F) of the Employment Protection (Consolidation) Act 1978 (“the 1978 Act”), inserted by sections 36(1) and (2) of the Trade Union Reform and Employment Rights Act 1993 (“the 1993 Act”), which specify when a tribunal is to consist of three persons and when it is to consist of only a chairman;

• (b) section 128(6) of the 1978 Act, inserted by sections 36(1) and (3) of the 1993 Act, which enables a Minister of the Crown, on grounds of national security, to direct tribunal proceedings to be heard and determined by the President of Industrial Tribunals (England and Wales);

• (c) paragraph 1(4A) of Schedule 9 to the 1978 Act (“Schedule 9”), inserted by paragraph 6(a) of Schedule 7 to the 1993 Act, which enables a Minister of the Crown, on grounds of national security, to direct a tribunal to sit in private;

• (d) paragraph 1(5A) of Schedule 9, inserted by section 40 of the 1993 Act (restriction of publicity in cases involving sexual misconduct);

• (e) paragraph 1A of Schedule 9, inserted by section 20 of the Employment Act 1989 (c. 38), which enables regulations to provide for tribunals to carry out pre–hearing reviews and, on such a review, to require a party to pay a deposit not exceeding £150 as a condition of the party continuing to participate in the proceedings; and

• (f) paragraph 1B of Schedule 9, inserted by paragraph 28(c) of Schedule 8 to the 1993 Act, which enables regulations to provide for tribunals to hear and determine issues relating to the entitlement of parties to contest the proceedings before hearing and determining the proceedings as a whole.

In addition, the rules have been modernised and amended to introduce a number of improvements to the procedures contained in the superseded rules.

The Regulations and rules will apply to all proceedings before industrial tribunals as from 16th December 1993, whenever the proceedings were commenced.

The Regulations contain transitional provisions.

Footnotes

[^f00001]: 1974 c. 37.

[^f00002]: 1978 c. 44; section 128 was amended by the Employment Act 1980 (c. 42) (the 1980 Act), Schedule 1, paragraph 16, by the Criminal Justice Act 1982 (c. 48), sections 37, 38 and 46 and by the Trade Union Reform and Employment Rights Act 1993 (c. 19) (the 1993 Act), section 36 and Schedule 10. Paragraph 1 of Schedule 9 was amended by the 1980 Act, Schedule 1, paragraph 26; by the Equal Pay (Amendment) Regulations 1983 (S.I. 1983/1794), regulation 3; by the Employment Act 1989 (c. 38), Schedule 6, paragraph 26 and by the 1993 Act, section 40 and Schedule 8, paragraph 28(a). Section 1A was inserted by the Employment Act 1989, section 20 and was amended by the 1993 Act, Schedule 8, paragraph 28(b). Paragraph 1B was inserted by the 1993 Act, Schedule 8, paragraph 28(c).

[^f00003]: S.I. 1965/1101, amended by S.I. 1967/301, S.I. 1970/941 and by the Courts and Legal Services Act 1990 (c. 41), Schedule 10, paragraph 27.

[^f00004]: S.I. 1967/301.

[^f00005]: S.I. 1970/941.

[^f00006]: S.I. 1974/1925.

[^f00007]: S.I. 1977/1473.

[^f00008]: S.I. 1977/1094.

[^f00009]: S.I. 1985/16.

[^f00010]: 1992 c. 52.

[^f00011]: Section 128(6) was inserted into the Employment Protection (Consolidation) Act 1978 (c. 44) by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 36(3).

[^f00012]: 1970 c. 41, which has been amended. The amendments relevant to these Regulations are as follows. Section 1 was amended by the Sex Discrimination Act 1975 (c. 65) (the 1975 Act), section 8 and Schedule 1, Part I; by the Equal Pay (Amendment) Regulations 1983 (S.I. 1983/1794) (the 1983 Regulations); by the Armed Forces Act 1981 (c. 55), section 28 and Schedule 5, paragraph 1; by the Contracts (Applicable Law) Act 1990 (c. 36), section 5 and Schedule 4; by the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), Schedule 2, paragraph 3(1) and (2); and by the Trade Union Reform and Employment Rights Act 1993 (c. 19), Schedule 7, paragraph 8. Section 2 was amended by the 1975 Act, section 8 and Schedule 1, Part I and by the Employment Protection (Consolidation) Act 1978 (c. 44), section 159 and Schedule 17. Section 2A was inserted by the 1983 Regulations.

[^f00013]: 1975 c. 65, to which there are amendments not relevant to these Regulations.

[^f00014]: 1976 c. 74, to which there are amendments not relevant to these Regulations.

[^f00015]: 1986 c. 59; for relevant amendments see below.

[^f00016]: 1982 c. 10.

[^f00017]: 1990 c. 41.

[^f00018]: Section 12 was amended by the Employment Act 1989 (c. 38), Schedule 4, paragraph 11.

[^f00019]: Section 6(4A) was inserted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 32.

[^f00020]: S.I. 1993/2688.