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

Application for a direction suspending the operation of a prohibition notice

5.—(1) When an appeal is brought against a prohibition notice, an application may be made by the appellant under Article 26(2)(b) of the Health and Safety Order for a direction suspending the operation of the prohibition notice until the appeal is determined or withdrawn. The application must be presented to the Office of the Tribunals in writing and shall include –

(a) the case number of the appeal, or if there is no case number sufficient details to identify the appeal; and

(b) the grounds on which the application is made.

(2) Upon receiving the application, the Secretary shall, as soon as is practicable after it has been received –

(a) enter the fact of the application against the entry in the Register relating to the appeal;

(b) send a copy of the application to the respondent; and

(c) inform the respondent that he has the opportunity to submit representations in writing if he so wishes, but within a specified period of not less than 7 days.

(3) The chairman shall consider the application and any representations submitted by the respondent, and may –

(a) order that the operation of the prohibition notice be suspended until the appeal is determined or withdrawn;

(b) dismiss the appellant’s application; or

(c) order that the application be determined at a hearing under rule 26 of Schedule 1.

(4) The chairman must give reasons for any decision made under paragraph (3).

(5) A decision made under paragraph (3) shall be treated as a decision which may be reviewed upon the application of a party under rule 34 of Schedule 1.