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

Amendments of rules in Schedule 1

5.  For rules 3(3) and (4) of Schedule 1, substitute—

“(3) A notice of appearance which—

(a) is presented to the Secretary after the time appointed by this rule for entering appearances, and

(b) sets out the reasons why the notice has been presented after that time

shall be deemed to include an application under rule 15 for an extension of the time so appointed on the grounds disclosed by those reasons.

(4) Where a chairman grants an application under rule 15 for an extension of the time so appointed (including an application deemed to be made by virtue of paragraph (3)) he shall determine whether, having regard to the grounds of the application, it would have been reasonably practicable for the respondent to present his notice of appearance within the time so appointed. If the chairman determines that it would have been so practicable, the respondent shall be treated as having acted unreasonably for the purposes of rule 12(1) and the chairman shall make an order under that rule if he considers it appropriate.”