The Employment Appeal Tribunal (Amendment) Rules 2001

Amendment of rules

2.  For rule 2 substitute—

“Interpretation

2.— (1) In these rules—

“the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992(1);

“the 1996 Act” means the Employment Tribunals Act 1996;

“the 1999 Regulations” means the Transnational Information and Consultation of Employees Regulations 1999(2);

“the Appeal Tribunal” means the Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975(3) and continued in existence under section 20(1) of the 1996 Act and includes the President, a judge, a member or the Registrar acting on behalf of the Tribunal;

“the CAC” means the Central Arbitration Committee;

“the Certification Officer” means the person appointed to be the Certification Officer under section 254(2) of the 1992 Act;

“costs officer” means any officer of the Appeal Tribunal authorised by the President to assess costs or expenses;

“Crown employment proceedings” has the meaning given by section 10(8) of the 1996 Act;

“excluded person” means, in relation to any proceedings, a person who has been excluded from all or part of the proceedings by virtue of—

(a)

a direction of a Minister of the Crown under rule 30A(1)(b) or (c); or

(b)

an order of the Appeal Tribunal under rule 30A(2)(a) read with rule 30A(1)(b) or (c);

“judge” means a judge of the Appeal Tribunal nominated under section 22(1)(a) or (b) of the 1996 Act and includes a judge nominated under section 23(2) of, or a judge appointed under section 24(1) of, the 1996 Act to be a temporary additional judge of the Appeal Tribunal;

“member” means a member of the Appeal Tribunal appointed under section 22(1)(c) of the 1996 Act and includes a member appointed under section 23(3) of the 1996 Act to act temporarily in the place of a member appointed under that section;

“the President” means the judge appointed under section 22(3) of the 1996 Act to be President of the Appeal Tribunal and includes a judge nominated under section 23(1) of the 1996 Act to act temporarily in his place;

“the Registrar” means the person appointed to be Registrar of the Appeal Tribunal and includes any officer of the Tribunal authorised by the President to act on behalf of the Registrar;

“the Secretary of Employment Tribunals” means the person acting for the time being as the Secretary of the Central Office of the Employment Tribunals (England and Wales) or, as may be appropriate, of the Central Office of the Employment Tribunals (Scotland);

“special advocate” means a person appointed pursuant to rule 30A(4).

(2) In rules 3 and 6, “national security appeal” means an appeal from a decision or order of an employment tribunal in respect of which the Minister directed the employment tribunal under rule 7B(3), or the employment tribunal took steps under rule 8(2)(c), of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001(4) or of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 2001(5) (as inserted by Schedule 2, or Part II of Schedule 3, to those Regulations) to keep secret all or part of the reasons for the employment tribunal’s decision or order.

(3) Any reference in these Rules to a person who was the applicant or, as the case may be, the respondent in the proceedings before an employment tribunal includes, where those proceedings are still continuing, a reference to a person who is the applicant or, as the case may be, is the respondent in those proceedings.”

(1)

1992 c. 52.

(2)

S.I. 1999/3323.

(3)

1975 c. 71.

(4)

S.I. 2001/1171.

(5)

S.I. 2001/1170.