(1)If, on an application made by the Attorney General or the Lord Advocate under this section, the Appeal Tribunal is satisfied that a person has habitually and persistently and without any reasonable ground—
(a)instituted vexatious proceedings, whether [F1before the Certification Officer,] in an [F2employment tribunal] or before the Appeal Tribunal, and whether against the same person or against different persons, or
(b)made vexatious applications in any proceedings, whether [F3before the Certification Officer,] in an [F2employment tribunal] or before the Appeal Tribunal,
the Appeal Tribunal may, after hearing the person or giving him an opportunity of being heard, make a restriction of proceedings order.
(2)A “restriction of proceedings order” is an order that—
(a)no proceedings shall without the leave of the Appeal Tribunal be instituted [F4before the Certification Officer,] in any [F2employment tribunal] or before the Appeal Tribunal by the person against whom the order is made,
(b)any proceedings instituted by him [F5before the Certification Officer,] in any [F2employment tribunal] or before the Appeal Tribunal before the making of the order shall not be continued by him without the leave of the Appeal Tribunal, and
(c)no application (other than one for leave under this section) is to be made by him in any proceedings [F6before the Certification Officer,] in any [F2employment tribunal] or before the Appeal Tribunal without the leave of the Appeal Tribunal.
(3)A restriction of proceedings order may provide that it is to cease to have effect at the end of a specified period, but otherwise it remains in force indefinitely.
(4)Leave for the institution or continuance of, or for the making of an application in, any proceedings [F7before the Certification Officer,] in an [F2employment tribunal] or before the Appeal Tribunal by a person who is the subject of a restriction of proceedings order shall not be given unless the Appeal Tribunal is satisfied—
(a)that the proceedings or application are not an abuse of the [F8process] , and
(b)that there are reasonable grounds for the proceedings or application.
(5)A copy of a restriction of proceedings order shall be published in the London Gazette and the Edinburgh Gazette.
Textual Amendments
F1Words in s. 33(1)(a) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 49(2), 59; S. I. 2005/872, art. 4, Sch. (with arts. 5-21)
F2Words in s. 33(1)(2)(b)(c)(4) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F3Words in s. 33(1)(b) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 49(3), 59; S. I. 2005/872, art. 4, Sch. (with arts. 5-21)
F4Words in s. 33(2)(a) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 49(4), 59; S. I. 2005/872, art. 4, Sch. (with arts. 5-21)
F5Words in s. 33(2)(b) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 49(5), 59; S. I. 2005/872, art. 4, Sch. (with arts. 5-21)
F6Words in s. 33(2)(c) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 49(6), 59; S. I. 2005/872, art. 4, Sch. (with arts. 5-21)
F7Words in s. 33(4) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 49(7)(a), 59; S. I. 2005/872, art. 4, Sch. (with arts. 5-21)
F8Words in s. 33(4) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 49(7)(b), 59; S. I. 2005/872, art. 4, Sch. (with arts. 5-21)
Modifications etc. (not altering text)
C1S. 33: transfer of functions (6.5.1999) by S.I. 1999/901, arts. 4-8, Sch.