Determination of questions
6.—(1) Any question concerning the application of regulation 5 to a person shall be decided in the first instance by the scheduled body who are his new employer.
(2) The body are to notify the person in writing of their decision, and in their notification they must—
(a)give reasons for their decision, and
(b)inform the person of his right to institute proceedings under paragraph (3) and of the address to which any application instituting such proceedings should be sent.
(3) If—
(a)the person is dissatisfied with the body's decision, or
(b)the body have not, within 6 months after 1st April 1986 or, as the case may be, after his ceasing to be employed by his former employer, notified him of a decision,
he may institute proceedings for the determination of the question by an industrial tribunal established in pursuance of the Industrial Tribunals (England and Wales) Regulations 1965(1).
(4) The right conferred by paragraph (3) is without prejudice to any right to make such a reference to an industrial tribunal as is mentioned in section 101(1)(c) of the Employment Protection (Consolidation) Act 1978 (reference of question as to right to or amount of redundancy payment).
, amended by S.I. 1967/301, 1970/941, 1977/1473.