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F1PART IE+W+S[F2Employment Tribunals]

Textual Amendments

F1S. 12A applied (with modifications) by 1992 c. 52, s. 138(2A) as inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 3 para. 1 (with s. 24(5)); S.I. 2014/253, art. 3(h)

F2Words in part heading substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

ProcedureE+W+S

[F37A Practice directionsE+W+S

[F4(A1)The Senior President of Tribunals may make directions about the procedure of employment tribunals.]

(1)Employment tribunal procedure regulations may include provision—

(a)enabling the [F5territorial] President to make directions about the procedure of employment tribunals, including directions about the exercise by tribunals of powers under such regulations,

(b)for securing compliance with [F6directions under subsection (A1) or paragraph (a) ], and

(c)about the publication of [F7directions under subsection (A1) or paragraph (a) ].

(2)Employment tribunal procedure regulations may, instead of providing for any matter, refer to provision made or to be made about that matter by directions made [F8under subsection (A1) or (1)(a) ].

[F9(2A)The power under subsection (A1) includes—

(a)power to vary or revoke directions made in exercise of the power, and

(b)power to make different provision for different purposes (including different provision for different areas).

(2B)Directions under subsection (A1) may not be made without the approval of the Lord Chancellor.

(2C)Directions under subsection (1)(a) may not be made without the approval of—

(a)the Senior President of Tribunals, and

(b)the Lord Chancellor.

(2D)Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

(a)the application or interpretation of the law;

(b)the making of decisions by members of an employment tribunal.

(2E)Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of criteria for determining which members of employment tribunals may be selected to decide particular categories of matter; but the directions may, to that extent, be made only after consulting the Lord Chancellor.]

(3)In this section, references to the [F10territorial] President are to a person appointed in accordance with regulations under section 1(1) as—

(a)President of the Employment Tribunals (England and Wales), or

(b)President of the Employment Tribunals (Scotland).]