36Constitution of industrial tribunals
(1)Section 128 of the 1978 Act (industrial tribunals) shall be amended as follows.
(2)After subsection (2) there shall be inserted—
“(2A)Subject to the following provisions of this section, proceedings before an industrial tribunal shall be heard by—
(a)the person who, in accordance with regulations made under subsection (1), is the chairman, and
(b)two other members, or (with the consent of the parties) one other member, selected as the other members (or member) in accordance with regulations so made.
(2B)Subject to subsection (2F), the proceedings to which subsection (2C) applies shall be heard by the person specified in subsection (2A)(a) alone.
(2C)This subsection applies to—
(a)proceedings on an application under section 77, 78A or 79 of this Act or under section 161, 165 or 166 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992,
(b)proceedings on a complaint under section 124 of this Act or under section 5 of the Wages Act 1986,
(c)proceedings in respect of which an industrial tribunal has jurisdiction by virtue of an order under section 131,
(d)proceedings in which the parties have given their written consent to the proceedings being heard in accordance with subsection (2B) (whether or not they have subsequently withdrawn it),
(e)proceedings in which the person bringing the proceedings has given written notice withdrawing the case, and
(f)proceedings in which the person (or, where more than one, each of the persons) against whom the proceedings are brought does not, or has ceased to, contest the case.
(2D)The Secretary of State may by order amend the provisions of subsection (2C).
(2E)No order shall be made under subsection (2D) unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
(2F)Proceedings to which subsection (2C) applies shall be heard in accordance with subsection (2A) if a person who, in accordance with regulations made under subsection (1), may be the chairman of an industrial tribunal, having regard to—
(a)whether there is a likelihood of a dispute arising on the facts which makes it desirable for the proceedings to be heard in accordance with subsection (2A),
(b)whether there is a likelihood of an issue of law arising which would make it desirable for the proceedings to be heard in accordance with subsection (2B),
(c)any views of any of the parties as to whether or not the proceedings ought to be heard in accordance with either of those subsections, and
(d)whether there are other proceedings which might be heard concurrently but which are not proceedings to which subsection (2C) applies,
decides (at any stage of the proceedings) that the proceedings are to be heard in accordance with subsection (2A).”.
(3)After subsection (4) there shall be inserted—
“(5)Regulations made under Schedule 9 may provide that in such circumstances as the regulations may specify any act required or authorised by the regulations to be done by an industrial tribunal may be done by the person specified in subsection (2A)(a) alone.
(6)Where a Minister of the Crown so directs in relation to any proceedings on grounds of national security, the proceedings shall be heard and determined, and any act required or authorised by regulations made under Schedule 9 to be done by an industrial tribunal in relation to the proceedings shall be done, by the President of Industrial Tribunals (England and Wales) appointed in accordance with regulations made under subsection (1), or the President of Industrial Tribunals (Scotland) so appointed, alone.”.