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The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
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- UK Statutory Instruments
- 2013 No. 1237
- Regulation 5
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The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Section 5 is up to date with all changes known to be in force on or before 27 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 5:
- reg. 14A 14B inserted by S.I. 2024/1156 reg. 4(6)
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 14A 14B inserted by S.I. 2024/1156 reg. 4(6)
President of Employment TribunalsE+W+S
This section has no associated Explanatory Memorandum
5.—(1) There shall be a President of Employment Tribunals, responsible for Tribunals in England and Wales, and a President of Employment Tribunals, responsible for Tribunals in Scotland, appointed by the appointing office holder.
(2) A President shall be—
(a)a person who satisfies the judicial-appointment eligibility condition within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 2007 on a 5-year basis;
(b)an advocate or solicitor admitted in Scotland of at least five years standing; or
(c)a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least five years standing.
(3) A President may at any time resign from office by giving the appointing officer holder notice in writing to that effect.
(4) The appointing officer holder may remove a President from office on the ground of inability or misbehaviour, or if the President is [F1made] bankrupt or makes a composition or arrangement with his creditors.
(5) Where a President is unable to carry out the functions set out in these Regulations, those functions may be discharged by a person nominated by the appointing office holder (save that any nomination in relation to England and Wales shall be made by the Lord Chief Justice following consultation with the Senior President of Tribunals, rather than by the Lord Chancellor).
(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 M1) to exercise his functions under this regulation.
Textual Amendments
F1Word in reg. 5(4) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 12
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