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THE INDUSTRIAL TRIBUNALS (ENFORCEMENT OF ORDERS UNDER THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982) (SCOTLAND) REGULATIONS 1995

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Enforcement of tribunal orders in other parts of the United Kingdom

4.—(1) An interested party who wishes under Schedule 6 to the Act of 1982 to secure the enforcement, in another part of the United Kingdom, of an order made by a tribunal in Scotland, shall apply for a certificate in respect of that order, in accordance with paragraph (2) below.

(2) The application shall be in writing and shall—

(a)state—

(i)the names of the parties to the proceedings in which the decision containing the order was given and, if known by the person applying, the case number of the originating application which relates to those proceedings;

(ii)the date shown on the decision as being the date on which it was sent to the parties;

(iii)the location of the tribunal which made the decision;

(iv)the sum or the aggregate sum payable in pursuance of the order (including any expenses), the amount of that sum unsatisfied, and the rate of interest, if any, payable on that sum and the date from which any such interest began to accrue; and

(v)the address of the party entitled to enforce the order and, to the best information or belief of the person applying, the usual or last known address of the party liable to execution on it; and

(b)verify that—

(i)the time for instituting an appeal against the order has expired and that no appeal has been instituted against the order within that time, or that an appeal has been finally disposed of; and

(ii)enforcement of the order has not been stayed or suspended and that the time available for enforcement has not expired.

(3) The application shall be presented to the Secretary at the Central Office of the Industrial Tribunals (Scotland).

(4) If the Secretary is of the opinion that he is unable to issue a certificate under this regulation unless he is given further information, he shall, in writing, notify the person applying of that fact, specifying the further information required.

(5) The certificate issued shall be in the form set out as the Form in the Schedule 2 to these Regulations, or in a form substantially to the same effect, with such variation as circumstances may require.

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