The Industrial Tribunals (Constitution and Rules of Procedure) (Scotland) (Amendment) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the principal regulations prescribing the procedural rules for proceedings before industrial tribunals in Scotland.

The Regulations come into force on 31st July 1996 except for those relating to proceedings under the Disability Discrimination Act 1995 (“the 1995 Act”) which come into force on the day on which section 8 of the 1995 Act comes into force; that is to say, when it becomes possible to take proceedings against employers under the 1995 Act.

The Regulations—

(a) provide that a notice of appearance must be presented within 21 days of the respondent receiving a copy of the applicant’s originating application instead of 14 days;

(b) require tribunals to give extended reasons for their decisions in proceedings brought under the 1995 Act;

(c) make provision to enable tribunals to make restricted reporting orders in proceedings brought under the 1995 Act;

(d) amend the procedure applying in equal value cases to the appointment of an expert and the preparation of an expert’s report so that—

(i) the amendment to section 2A of the Equal Pay Act 1970 made by the Sex Discrimination and Equal Pay (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/438), having the effect that the tribunal does not have to appoint an expert before determining whether work is of equal value, is reflected in the rules of procedure;

(ii) the tribunal is required to set a date by which an expert’s report is required to be sent to it; and

(iii) a party whom the tribunal finds to have delayed the preparation of an expert’s report unreasonably will either have an award of costs made against him or have his originating application or notice of appearance struck out;

and

(e) make a number of other minor changes to the rules.

The Regulations contain a transitional provision.