The Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993

Proceedings of tribunals

8.—(1) Subject to paragraphs (2), (3) and (4), the rules in Schedule 1 shall apply in relation to all proceedings before a tribunal except where separate rules of procedure made under the provisions of any enactment are applicable.

(2) In proceedings to which the rules in Schedule 1 apply and which involve an equal value claim, the rules in Schedule 2 (including rule 8A) shall apply in place of rules 4, 9, 10, 12, 13 and 20 in Schedule 1.

(3) The rules contained in Schedules 1 and 2 shall apply in proceedings to which they relate where–

(a) the respondent or one of the respondents resides or carries on business in England and Wales; or

(b) had the remedy been by way of action in the county court, the cause of action would have arisen wholly or in part in England and Wales; or

(c) the proceedings are to determine a question which has been referred to the tribunal by a court in England or Wales.

(4) The rules in Schedules 3, 4 and 5 shall apply in relation to proceedings before a tribunal which relate to matters arising in England and Wales and consist, respectively, in–

(a) an appeal by a person assessed to levy imposed under a levy order made under section 12 of the 1982 Act(1) ;

(b) an appeal against an improvement or prohibition notice under section 23 of the 1974 Act; and

(c) an appeal against a non–discrimination notice under section 68 of the 1975 Act or section 59 of the 1976 Act.

(1)

Section 12 was amended by the Employment Act 1989 (c. 38), Schedule 4, paragraph 11.