The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2011

Amendment of Schedule 1 N.I.

4.—(1) Schedule 1 is amended as set out in paragraphs (2) to (19).

(2) In rule 1 –

(a) in paragraph (1) delete “paragraph (5) and”;

(b) in paragraph (4) delete “paragraph (5) and to”;

(c) in paragraph (4)(g) at the end insert “and”;

(d) in paragraph (4)(h) for “;” substitute “.”;

(e) delete paragraphs (4)(i) to (k);

(f) delete paragraphs (5), (6) and (8).

(3) In rule 2 in paragraph (2) –

(a) delete sub-paragraph (e);

(b) in sub-paragraph (f) at the end insert “and”.

(4) in rule 3 –

(a) at the end of paragraph (1)(a) insert “or”;

(b) in paragraph (1)(b) for “; or” substitute “.”;

(c) delete paragraph (1)(c);

(d) delete paragraph (5);

(e) in paragraph (6) for “paragraphs (5) and (7)” substitute “paragraph (7)”.

(5) In rule 4 –

(a) in paragraph (1) for “paragraph (5)” substitute “paragraphs (5) to (5C)”;

(b) for paragraph (5) substitute –

“(5) The respondent may apply for an extension of the time limit within which he is to present his response and he must, at the same time as the application is sent to the Office of the Tribunals, provide all other parties with details of the application and the reasons why it is made and confirm in writing to the Office of the Tribunals that he has done so.

(5A) If the application under paragraph (5) is presented to the Office of the Tribunals within 28 days of the date on which the respondent was sent a copy of the claim, it must explain why the respondent cannot comply with the time limit.

(5B) If the application under paragraph (5) is presented to the Office of the Tribunals more than 28 days after the date on which the respondent was sent a copy of the claim, it must explain why the respondent did not comply with the time limit and be accompanied by a completed response which includes all the required information specified in paragraph (4).

(5C) The chairman shall only extend the time limit within which a response must be presented if he is satisfied that it is just and equitable to do so.

(5D) Where a respondent’s application under paragraph (5) is refused the Secretary shall inform the parties in writing of such refusal unless the application is refused at a hearing.

(5E) If the chairman makes an order extending or refusing to extend the time within which a response must be presented, any application to set it aside must be made in writing to the Office of the Tribunals within 7 days of the date on which the order was sent to the parties.”;

(c) after paragraph (7) insert –

“(8) This rule is subject to section 12 of the State Immunity Act 1978.”(1).

(6) In rule 6 –

(a) in paragraph (2), after “in accordance with the criteria in paragraph (1)” insert “, read with rule 4(5C),”;

(b) in paragraph (5), for “should have been” substitute “is to be”.

(7) In rule 8 –

(a) for paragraph (1) substitute –

“(1) Subject to paragraphs (2A) and (6), if the relevant time limit for presenting a response in any proceedings has expired, a chairman may, in the circumstances set out in paragraph (2), issue a default judgement to determine the claim without a hearing.”;

(b) in paragraph (2)(b) delete “so”;

(c) after paragraph (2) insert –

“(2A) No default judgement need be issued where the chairman –

(a) is not satisfied that the tribunal has jurisdiction to consider the claim, or part of it; or

(b) has sufficient evidence to conclude that the claim form has not been received by the respondent.”;

(d) in paragraph (4) after “The Secretary shall also inform the parties of their right to” insert “apply to”;

(e) for paragraph (6) substitute –

“(6) A default judgement shall not be issued where the parties have settled the proceedings (either by means of a compromise agreement or through the Agency). If a default judgement is issued in these circumstances it shall have no effect.”.

(8) In rule 10 –

(a) for paragraph (2)(e) substitute –

“(e) except where otherwise provided in these Rules, extending any time limit, whether or not expired;”;

(b) delete paragraph (2)(g);

(c) in paragraph (8) between “shall” and “inform” insert “(except where the order is for a witness order described in rule 10(2)(c) only)”.

(9) In rule 11 –

(a) in paragraph (4) for “(except where the application is for a witness order described in rule 10(2)(c) only)” substitute “(except where the application is for an order extending the time limit within which a response must be presented under rule 4(5) or a witness order described in rule 10(2)(c))”;

(b) in paragraph (4)(a) for “sought” substitute “made”;

(c) for paragraph (4)(b) substitute –

“(b) notification that any objection to the application must be sent to the Office of the Tribunals within 7 days of receiving the application or, if a hearing of any type is due to take place before the expiry of that 7 day period, before the date of that hearing; and”;

(d) after paragraph (4) insert –

“(4A) The time limit described in paragraph (4)(b) may be varied where the chairman or tribunal considers it in the interests of justice to do so.”;

(e) for paragraph (5) substitute –

“(5) Where a party is not legally represented in relation to the application, the Secretary shall (except where the application is for an order extending the time limit within which a response must be presented under rule 4(5) or a witness order described in rule 10(2)(c)) send a copy of the application to all other parties and inform them of the matters listed in paragraph (4)(b) and (c).”.

(10) In rule 14 after paragraph (1)(b) insert –

“(bb) a hearing dealing with interim relief as described in rule 18A;”.

(11) In rule 18 –

(a) in paragraph (2)(d) for “;” substitute “.”;

(b) delete paragraph (2)(e);

(c) in paragraph (3) delete “and (2)”.

(12) After rule 18 insert –

“Interim relief

18A.— (1) Hearings dealing with interim relief are interim hearings.

(2) Subject to the provisions applying to interim relief of the Employment Rights Order and the Industrial Tribunals Order, these rules shall apply when dealing with the following applications as they apply to pre-hearing reviews –

(a) an application made under Article 163 of the Employment Rights Order for interim relief;

(b) an application made under Article 166 of the Employment Rights Order to vary or revoke an order.”.

(13) Delete rules 22 to 24.

(14) In rule 25(4) from “The proceedings or the relevant part of the proceedings so withdrawn cannot be continued” to the end substitute “The claimant may not commence a further claim against the respondent for the same, or substantially the same, cause of action in the tribunal (unless the decision to dismiss is successfully reviewed or appealed).”.

(15) After rule 25 insert –

“Automatic dismissal of proceedings where an Agency settlement has been reached

25A.— (1) Where a settlement has been concluded between the parties as a result of action taken by the Agency under Article 20 of the Industrial Tribunals Order and where the Office of the Tribunals has received written confirmation from the Agency that a settlement has been concluded, the chairman shall dismiss the proceedings covered by that settlement.

(2) Where proceedings are dismissed under paragraph (1), the claimant may not commence a further claim against the respondent for the same, or substantially the same, cause of action in the tribunal (unless the decision to dismiss is successfully reviewed or appealed).”.

(16) In rule 33 –

(a) in paragraph (2) after “proposed response to the claim” insert “(where that has not been received by the Office of the Tribunals)”;

(b) after paragraph (2) insert –

“(2A) An application under paragraph (1) may be given preliminary consideration (without the need to hold a hearing) by a chairman, who may refuse the application if the requirements of paragraph (2) have not been met.”;

(c) in paragraph (3) after “a chairman in public” insert “unless all the parties to the proceedings consent in writing to the review without a hearing”; and

(d) after paragraph (7) insert –

“(8) A chairman may on his own initiative review a default judgement on the grounds set out in rule 34(3)(a), (b) and (e).”.

(17) In rule 50 for paragraph (1) substitute –

“(1) A restricted reporting order may be made in any proceedings –

(a) involving allegations of sexual misconduct;

(b) involving a complaint under section 17A or 25(8) of the Disability Discrimination Act in which evidence of a personal nature is likely to be heard by the tribunal or chairman;

(c) where the disclosure of identifying matter would be likely to cause an individual (“I”) (whether a party to the proceedings or not) to be subjected to harassment;

(d) where such disclosure would be likely to cause I, or any property of I, to be placed at risk of injury or damage; or

(e) where, in the opinion of the tribunal or chairman, the interests of justice otherwise require such an order to be made.”(2).

(18) After paragraph (3) of rule 59 insert –

“(4) Where the Attorney General for Northern Ireland makes a request to search for, inspect and take a copy of any relevant documents within a case file (including documents held electronically) for the purpose of preparing an application or considering whether to make an application under section 32 of the Judicature (Northern Ireland) Act 1978 (restriction on institution of vexatious actions), the Secretary shall send notice of or a copy of any relevant document which relates to any proceedings before the tribunal, or any decision, order or award of the tribunal.”(3).

(19) In rule 60 –

(a) in paragraph (1)(b) delete “fax or other”;

(b) in paragraph (2)(b) delete “fax or other”;

(c) for paragraph (4)(c) substitute –

“(c) in the case of a notice or document under rule 56 that is directed to –

(i) the Attorney General for Northern Ireland, the Office of The Attorney General for Northern Ireland, Lesley House, 25 Wellington Place, Belfast BT1 6GD;

(ii) the Attorney General, 20 Victoria Street, London SW1H 0NF;

(iii) the First Minister, Parliament Buildings, Ballymiscaw, Stormont, Belfast BT4 3XX;

(iv) the deputy First Minister, Parliament Buildings, Ballymiscaw, Stormont, Belfast BT4 3XX;”.

Commencement Information

I1 Reg. 4 in operation at 3.4.2011, see reg. 1

(1)

1978 c. 33.

(2)

Section 17A of the Disability Discrimination Act 1995 (1995 c. 50) was originally section 8 and was renumbered by, and section 25(8) was inserted by, the Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673).

(3)

See the Judicature (Northern Ireland) Act 1978 (1978 c. 23).