SCHEDULES

SCHEDULE 6 The Certification Officer

Procedure before Certification Officer

23

After section 256 there shall be inserted—

256A Vexatious litigants.

1

The Certification Officer may refuse to entertain any application or complaint made to him under a provision of Chapters III to VIIA of Part I by a vexatious litigant.

2

The Certification Officer must give reasons for such a refusal.

3

Subsection (1) does not apply to a complaint under section 37E(1)(b) or to an application under section 41.

4

For the purposes of subsection (1) a vexatious litigant is a person who is the subject of—

a

an order which is made under section 33(1) of the M1Employment Tribunals Act 1996 and which remains in force,

b

a civil proceedings order or an all proceedings order which is made under section 42(1) of the M2F1Senior Courts Act 1981 and which remains in force,

c

an order which is made under section 1 of the M3Vexatious Actions (Scotland) Act 1898, or

d

an order which is made under section 32 of the M4Judicature (Northern Ireland) Act 1978.

256B Vexatious litigants: applications disregarded.

1

For the purposes of a relevant enactment an application to the Certification Officer shall be disregarded if—

a

it was made under a provision mentioned in the relevant enactment, and

b

it was refused by the Certification Officer under section 256A(1).

2

The relevant enactments are sections 26(8), 31(7), 45C(5B), 56(8), 72A(10), 81(8) and 108A(13).