Northern Ireland Orders in Council

(a) a President of the Industrial Tribunals and the Fair Employment Tribunal;

(b) a Vice-President of the Industrial Tribunals and the Fair Employment Tribunal; and

(c) a panel of chairmen of the Fair Employment Tribunal,

(a) for determining by which tribunal any proceedings are to be determined, where the jurisdiction of the Tribunal is being exercised by more than one tribunal;

(b) for parties to proceedings to be represented by such persons as may be determined by or under the regulations;

(c) for requiring persons to attend to give evidence and produce documents and for authorising the administration of oaths to witnesses;

(d) as to the admissibility of evidence;

(e) for granting to any person such discovery or inspection of documents or right to further particulars as might be granted by a county court;

(f) for enabling an officer of the Tribunal to determine matters arising prior to a hearing;

(g) prescribing forms to be completed by the parties to a complaint under Article 38 before any hearing before the Tribunal;

(h) for enabling the Tribunal to review its decisions, and revoke or vary its orders or awards, in such circumstances as may be determined in accordance with the regulations;

(i) for the award of costs;

(j) for taxing or otherwise settling any such costs (and, in particular, for enabling such costs to be taxed in the county court); and

(k) for the registration and proof of decisions, orders and awards of the Tribunal.

    (3) The regulations may include provision authorising or requiring the Tribunal, in circumstances specified in the regulations, to send notice or a copy of - 

(a) any document specified in the regulations which relates to any proceedings before the Tribunal; or

(b) any decision, order or award of the Tribunal,

to any person or body so specified.

    (4) In relation to proceedings on a complaint under Article 38 , the regulations shall include provision for postponing the hearing of a complaint for such period as may be determined in accordance with the regulations for the purpose of giving an opportunity for the complaint to be settled by way of conciliation or arbitration and withdrawn.

    (5) The regulations may enable the Tribunal to sit in private for the purposes of - 

(a) hearing evidence which in the opinion of the Tribunal relates to matters of such a nature that it would be against the interests of national security, public safety or public order to allow the evidence to be given in public;

(b) hearing evidence from any person which in the opinion of the Tribunal is likely to consist of - 


(i) information which he could not disclose without contravening a prohibition imposed by or under any statutory provision;

(ii) information which has been communicated to him in confidence or which he has otherwise obtained in consequence of the confidence reposed in him by another person;

(iii) information the disclosure of which would cause substantial injury to any undertaking of his or in which he works; or

(iv) information the disclosure of which would create a substantial risk that he or another individual would be subject to physical attack or sectarian harassment.

    (6) Where the Tribunal sits in private in accordance with any provision included in the regulations by virtue of paragraph (5), the Tribunal may make an order prohibiting the disclosure of specified information, except so far as the disclosure is necessary - 

(a) for the purposes of the proceedings;

(b) for communicating to any person the decision of the Tribunal in the proceedings and for communicating the reasons for the decision to any person to whom the Tribunal is required by the regulations to communicate them; or

(c) for the purposes of any criminal proceedings or to comply with the order of a court.

    (7) The Tribunal shall give reasons for its decisions.

    (8) Part I of the Arbitration Act 1996 does not apply to any proceedings before the Tribunal.

    (9) Any person who without reasonable excuse fails to comply with - 

(a) any requirement imposed by the regulations by virtue of paragraph (2)(c); or

(b) any requirement with respect to the discovery or inspection of documents imposed by the regulations by virtue of paragraph (2)(e),

is guilty of an offence.

    (10) A person guilty of an offence under paragraph (9) - 

(a) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale; and

(b) if without reasonable excuse the failure continues after conviction, shall be liable on a second or subsequent summary conviction to a fine not exceeding one-tenth of level 5 on the standard scale for each day on which the failure continues.

(a) if it is requested to do so by both the complainant and the respondent; or

(b) if, in the absence of any such request, the Agency considers that it could act under this paragraph with a reasonable prospect of success,

(a) a person is dissatisfied in point of law with a decision of the Tribunal under Article 15, 16 or 17; or

(b) any party to a complaint under Article 38 is dissatisfied in point of law with a decision of the Tribunal; or

(c) a person is dissatisfied in point of law with a decision of the Tribunal on an appeal brought by him under Article 62 or 63,

he may, according as rules of court may provide, either appeal from it to the Court of Appeal or require the Tribunal to state and sign a case for the opinion of the Court of Appeal.

    (2) Rules of court may provide for authorising or requiring the Tribunal to state, in the form of a special case for the decision of the Court of Appeal, any question of law arising in the proceedings.

    (3) A person on whom a penalty is imposed under Article 17(3)(b) may, with the leave of the Court of Appeal, appeal to the Court of Appeal against the amount of the penalty.

    (4) In paragraph (1)(a) the reference to Articles 15, 16 and 17 includes a reference to those Articles as applied by Article 59.

    (5) Paragraph (1)(b) does not apply to a decision of the Tribunal to which Article 85(3)(d) applies.

(a) to an act done by or for purposes of a Minister of the Crown or a government department; or

(b) to an act done on behalf of the Crown by a statutory body or a person holding a statutory office; or

(c) to an act done by a member of Her Majesty's forces acting as such,

as it applies to an act done by a private person.

    (2) For the purposes of paragraph (1), in this Order (except Part VII) - 

(a) references to employment include references to - 


(i) service for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office; and

(ii) service on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body; and

(iii) service as a member of Her Majesty's forces;



(b) references to a contract of employment include references to the terms of such service;

(c) references to an employee include references to a person who is seeking to become engaged in such service, who is in such service or who has ceased to be in such service; and

(d) references to an employer, in relation to an employee, include references to (as the case requires) the authority with power to appoint him, to fix his terms of service, to afford him any benefit, to dismiss him or to subject him to any detriment.

    (3) Paragraph (2) of Article 6 (or that paragraph as it has effect by virtue of an order under paragraph (3) of that Article) and paragraph (4) of Article 33 - 

(a) shall have effect in relation to any ship, aircraft or hovercraft belonging to or possessed by Her Majesty in right of the Government of Northern Ireland as they have effect in relation to a ship, aircraft or hovercraft mentioned in sub-paragraph (a) or (b) of the paragraph in question; but

(b) shall not have effect in relation to any ship, aircraft or hovercraft belonging to or possessed by Her Majesty in right of the Government of the United Kingdom.

    (4) In this Part - 

(a) references to Her Majesty's forces are references to the naval, military or air forces of the Crown, but do not include references to any cadet training corps for the time being administered by the Ministry of Defence; and

(b) service "for purposes of" a Minister of the Crown or government department does not include service in any office in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975.