The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Interpretation

2.—(1) In these Regulations and in Schedules 1, 2, 3, 4, 5 and 6 –

“the Sex Discrimination Order” means the Sex Discrimination (Northern Ireland) Order 1976(1);

“the Disability Discrimination Act” means the Disability Discrimination Act 1995(2);

“the Industrial Tribunals Order” means the Industrial Tribunals (Northern Ireland) Order 1996(3);

“the Race Relations Order” means the Race Relations (Northern Ireland) Order 1997(4);

“the Employment Order” means the Employment (Northern Ireland) Order 2003(5);

“the Sexual Orientation Regulations” means the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003(6);

“allowances” means any allowances payable under Article 7(2)(c) or (3) of the Industrial Tribunals Order;

“chairman” means the President, the Vice-President or a member of the panel of chairmen appointed in accordance with regulation 4(1)(a), or, for the purposes of national security proceedings, a member of the panel referred to in regulation 6 selected in accordance with regulation 7(a), and in relation to particular proceedings it means the chairman to whom the proceedings have been referred by the President or the Vice-President;

“compromise agreement” means an agreement to refrain from continuing proceedings where the agreement meets the conditions in Article 245(3)(7) of the Employment Rights Order;

“constructive dismissal” has the meaning set out in Article 127(1)(c) of the Employment Rights Order;

“decision” includes a default judgement except when referred to in rules 34 to 36 of Schedule 1;

“document exchange” means any document exchange for the time being approved by the Lord Chancellor;

“electronic communication” has the meaning given to it by section 15(1) of the Electronic Communications Act 2000(8);

“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 the Secretary of State under rule 54(1)(b) or (c) of Schedule 1; or

(b)

an order of the tribunal under rule 54(2)(a) read with 54(1)(b) or (c) of Schedule 1;

“hearing” means a case management discussion under rule 17, a pre-hearing review under rule 18, a hearing under rule 26 or a review hearing under rule 33 or 36 (in each case as mentioned in Schedule 1) or a sitting of a chairman or a tribunal duly constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything lawful to enable the chairman or tribunal to reach a decision on any question;

“legally represented” has the meaning set out in rule 38(5) of Schedule 1;

“misconceived” includes having no reasonable prospect of success;

“national security proceedings” means proceedings in relation to which a direction is given under rule 54(1) of Schedule 1, or an order is made under rule 54(2) of that Schedule;

“Office of the Tribunals” means the Office of the Industrial Tribunals and the Fair Employment Tribunal;

“old Regulations” means the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2004;

“order” means an order, which may be issued in relation to interim matters, which may require a person to do or not to do something;

“panel of chairmen” means a panel referred to in regulation 4(1)(a);

“President” means the President of the Industrial Tribunals and the Fair Employment Tribunal or the person nominated by the Lord Chancellor under Article 82(6) of the Fair Employment and Treatment (Northern Ireland) Order 1998(9) to discharge for the time being the functions of the President;

“Register” means the Register of claims, appeals, applications, decisions and written reasons kept in accordance with regulation 13;

“the relevant authorities” means the persons mentioned in paragraph 5 of Schedule 10 to the Northern Ireland Act 1998;

“rule” means a rule of procedure contained in the Schedules;

“Secretary” means a person for the time being appointed to act as the Secretary of the Office of the Tribunals;

“special advocate” means a person appointed in accordance with rule 8 of Schedule 2;

“tribunal” means an industrial tribunal and in relation to any proceedings means the tribunal to which the proceedings have been referred by the President or the Vice-President;

“Vice-President” means the Vice-President of the Industrial Tribunals and the Fair Employment Tribunal or the person nominated by the Lord Chancellor under Article 82(6) of the Fair Employment and Treatment (Northern Ireland) Order 1998 to discharge for the time being the functions of the Vice-President;

“writing” includes writing delivered by means of electronic communication.

(2) In these Regulations, in so far as they relate to the rules in Schedules 1, 2 and 3, and in those Schedules –

“the Equal Pay Act” means the Equal Pay Act (Northern Ireland) 1970(10);

“comparator” means the person of the opposite sex to the claimant in relation to whom the claimant claims that his work is of equal value as described in section 1(2)(c) of the Equal Pay Act(11);

“equal value claim” means a claim by a claimant which rests upon entitlement to the benefit of an equality clause by virtue of the operation of section 1(2)(c) of the Equal Pay Act;

“the facts relating to the question” has the meaning in rule 6(3) of Schedule 3;

“independent expert” means a member of the panel of independent experts within the meaning of section 2A(4) of the Equal Pay Act(12);

“indicative timetable” means the indicative timetable set out in the Annex to Schedule 3;

“the question” means whether the claimant’s work is of equal value to that of the comparator as described in section 1(2)(c) of the Equal Pay Act;

“report” means a report required by a tribunal or chairman to be prepared by an expert, pursuant to section 2A(1)(b) of the Equal Pay Act.

(3) In these Regulations, in so far as they relate to the rules in Schedule 4, and in that Schedule –

“the Industrial Training Order” means the Industrial Training (Northern Ireland) Order 1984(13);

“Board” means, in relation to an appeal, the Construction Industry Training Board(14);

“levy” means a levy imposed under Article 23 of the Industrial Training Order;

“levy appeal” means an appeal against an assessment to a levy;

“respondent” means the Board.

(4) In these Regulations, in so far as they relate to the rules in Schedule 5, and in that Schedule –

“the Health and Safety Order” means the Health and Safety at Work (Northern Ireland) Order 1978(15);

“improvement notice” means a notice under Article 23 of the Health and Safety Order;

“inspector” means a person appointed under Article 21(1) of the Health and Safety Order;

“prohibition notice” means a notice under Article 24 of the Health and Safety Order;

“respondent” means the inspector who issued the improvement notice or prohibition notice which is the subject of the appeal.

(5) In these Regulations, in so far as they relate to the rules in Schedule 6, and in that Schedule –

“the Disability Order” means the Equality (Disability, etc.) (Northern Ireland) Order 2000(16);

“appeal”, unless the context requires otherwise, means an appeal referred to in Article 68(1)(a) of the Sex Discrimination Order, in Article 56(1)(a) of the Race Relations Order or, as the case may be, in paragraph 10(1) and (2)(a) of Schedule 1 to the Disability Order;

“non-discrimination notice” means a notice under Article 67 of the Sex Discrimination Order, under Article 55 of the Race Relations Order or, as the case may be, under Article 6 of the Disability Order;

“respondent” means the Equality Commission for Northern Ireland established under section 73 of the Northern Ireland Act 1998(17).

(1)

S.I. 1976/1042 (N.I. 15)

(2)

1995 c. 50

(3)

S.I. 1996/1921 (N.I. 18)

(4)

S.I. 1997/869 (N.I. 6)

(5)

S.I. 2003/2902 (N.I. 15)

(6)