Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2004

Proceedings of tribunals

10.—(1) Subject to paragraphs (2) to (6), the rules in Schedule 1 shall apply in relation to all proceedings before a tribunal except where separate rules of procedure made under any statutory provision are applicable.

(2) In proceedings to which the rules in Schedule 1 apply and in which any power conferred on a Minister of the Crown or the tribunal by rule 8(1), (2) or (3) of Schedule 1 is exercised –

(a) rules 3, 4, 7, 10, 11, 12 and 13 of Schedule 1 shall be modified in accordance with Schedule 2; and

(b) rules 7A (special advocate) and 7B (reasons for the tribunal’s decision in national security cases), as referred to in paragraph 4 of Schedule 2, shall be inserted into Schedule 1.

(3) In proceedings to which the rules in Schedule 1 apply and which involve an equal value claim –

(a) rules 4, 11, 12, 14 and 15 of Schedule 1 shall be modified in accordance with Part I of Schedule 3; and

(b) rule 10A (procedure relating to expert’s report), as referred to in paragraph 2 of Part I of Schedule 3, shall be inserted into Schedule 1.

(4) In proceedings to which the rules in Schedule 1 apply, and in which the rules in Schedule 1 are required to be modified in accordance with both paragraphs (2) and (3) the insertion or, as the case may be, substitution, of rules 4(9), 7B, 11(2) and 12(5A) to (5D) in Schedule 1 shall be in accordance with Part II of Schedule 3.

(5) The rules contained in Schedules 1, 2 and 3 shall apply in proceedings to which they relate where –

(a) the respondent or one of the respondents resides or carries on business in Northern Ireland;

(b) had the remedy been by way of action in the county court, the cause of action would have arisen wholly or partly in Northern Ireland; or

(c) the proceedings are to determine a question which has been referred to the tribunal by a court in Northern Ireland.

(6) The rules in Schedules 4, 5 and 6 shall apply in relation to proceedings before a tribunal which relate to matters arising in Northern Ireland and consist, respectively, in –

(a) an appeal by a person assessed to levy imposed under a levy order made under Article 23 of the Order of 1984;

(b) an appeal against an improvement or prohibition notice under Article 26 of the Order of 1978(1); and

(c) an appeal against a non-discrimination notice under Article 68 of the Order of 1976, Article 56 of the Order of 1997 or paragraph 10 of Schedule 1 to the Order of 2000.

(1)

Modifications were made by S.R. 2000 No. 87, which under specific circumstances extended the meaning of “employee” and “at work” for the purposes of Regulations made under Part II of the Order of 1978. Further modifications were made by S.R. 2000 No. 120, which extended the definitions of “work” and “at work” for the purposes of Part II of the Order. Article 24 was also amended, in part, by the Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))