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

• (f) if the parties agree in writing upon the terms of a decision to be made by the tribunal, decide accordingly.

• (3) In any appeal appearing to involve allegations of the commission of a sexual offence, the tribunal or the Secretary shall omit from the Register, or delete from the Register or any decision, document or record of the proceedings, which is available to the public, any identifying matter which is likely to lead members of the public to identify any person affected by or making such an allegation.

• (4) Any act required or authorised by these rules to be done by a tribunal may be done by a chairman except—

• (a) the hearing of an appeal under rule 5;

• (b) an act required or authorised to be so done by rule 7 or 8 which the rule implies is to be done by the tribunal which is hearing or has heard the appeal;

• (c) the hearing of an application under rule 9(1), and the variation or revocation of a decision, and ordering of a re-hearing, under rule 9(4).

• (5) Any functions of the Secretary may be performed by an Assistant Secretary.

Restricted reporting orders

12

• (1) In any appeal which involves allegations of sexual misconduct the tribunal may at any time before promulgation of its decision, either on the application of a party made by notice to the Secretary or of its own motion, make a restricted reporting order.

• (2) The tribunal shall not make a restricted reporting order unless it has given each party an opportunity to advance oral argument at a hearing, if they so wish.

• (3) Where a tribunal makes a restricted reporting order—

• (a) it shall specify in the order the persons who may not be identified;

• (b) the order shall remain in force until the promulgation of the decision of the tribunal on the appeal to which it relates unless revoked earlier; and

• (c) the Assistant Secretary shall ensure that a notice of that fact is displayed on the notice board of the tribunal with any list of the proceedings taking place before the industrial tribunal, and on the door of the room in which the proceedings affected by the order are taking place.

• (4) A tribunal may revoke a restricted reporting order at any time if it thinks fit.

• (5) For the purposes of this rule “promulgation”occurs on the date recorded as being the date on which the document recording the determination of the appeal was sent to the parties.

Notices, etc.

13

• (1) Any notice given under these rules shall be in writing and all notices and documents required or authorised by these rules to be sent or given to any person hereinafter mentioned may be sent by post (subject to paragraphs (3) and (4)) or delivered to or at—

• (a) in the case of a document directed to the Secretary, the Office of the Tribunals or such other office as may be notified by the Secretary to the parties;

• (b) in the case of a document directed to a party, his address for service specified in the notice of appeal or in a notice under paragraph (2) or (if no address for service is so specified or if a notice sent to such an address has been returned), his last known address or place of business in the United Kingdom, or if the party is a corporation, the corporation’s registered or principal office;

• (c) in the case of a document directed to any person (other than a person specified in the foregoing provisions of this paragraph), his address or place of business in the United Kingdom, or if such a person is a corporation, the corporation’s registered or principal office;

and if sent or given to the authorised representative of a party shall be deemed to have been sent or given to that party.

• (2) A party may at any time by notice to the Secretary and to the other party change his address for service under these rules.

• (3) Where a notice of appeal is not delivered, it shall be sent by the recorded delivery service.

• (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 Regulation)

These Regulations, which come into force on 16 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 Scotland.

The rules in the Schedules apply to the following proceedings

Schedule 1—all proceedings other than those to which Schedules 3, 4 and 5 apply or to which separate rules of procedure made under any enactment apply,

Schedule 2—proceedings involving a claim for equal pay for work of equal value under the Equal Pay Act 1970 (the rules in Schedule 2 are complementary to those in Schedule 1 which also applies to these proceedings);

Schedule 3—appeals against assessments to industrial training levy under levy orders made under the Industrial Training Act 1982;

Schedule 4—appeals against improvement notices and prohibition notices served under the Health and Safety at Work etc. Act 1974;

Schedule 5—appeals against non-discrimination notices served under the Sex Discrimination Act 1975 or the Race Relations Act 1976.

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 (Scotland);

• (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 16 December 1993, whenever the proceedings were commenced.

The Regulations contain transitional provisions.

Footnotes