Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1994 and come into force on 1st April 1994.

(2) In these Regulations, a reference to a rule in a Schedule is a reference to a rule in a Schedule to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993(2).

Amendments

2. In rule 6(1) in Schedule 1, after "motion," insert "hear and".

3. In rule 7 in Schedule 1, after paragraph (9), insert-

"(10) Paragraph (9) does not apply where, acting pursuant to a direction issued by a Minister of the Crown in accordance with section 128(6) of the 1978 Act, the President has conducted a pre-hearing review alone.".

4. In rule 10(10)(a) in Schedule 1, for "reviewed, revoked or varied by certificate", substitute "revoked or varied under the chairman's hand".

5. In rule 17(3) in Schedule 1, after "Where", insert "there are".

6. In rule 9(2E) in Schedule 2-

(a)for "it requires", substitute "determining whether to require", and

(b)omit the second sentence.

Transitional provisions

7. The rules amended by regulations 2, 3, 4 and 5 apply in their amended form to all proceedings to which they relate regardless of when the proceedings were commenced.

8. Rule 9(2E) in Schedule 2 applies in its amended form in relation to all proceedings in which the tribunal exercises its discretion under the rule to hear evidence upon and permit the parties to address it upon the issue referred to in the rule (defence of genuine material factor) where the first day of the hearing at which such evidence is heard or the tribunal is so addressed falls on or after 1st April 1994.

Explanatory Note

(This note is not part of the Order)

These Regulations, which come into force on 1st April 1994 and apply to industrial tribunal proceedings in England and Wales, amend certain rules of procedure contained in the Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 (S. I.1993/2687) (the "principal regulations"). The principal regulations are the main regulations establishing industrial tribunals and setting out the procedures they are to follow.

Regulations 2, 4 and 5 correct minor drafting errors in rules 6(1), 10(10)(a) and 17(3) in Schedule 1 to the principal regulations. Rule 7(9) in Schedule 1 to the principal regulations prevents a member of a tribunal which has conducted a pre-hearing review from being a member of the tribunal which hears the originating application. Regulation 3 ensures that where the President of the Industrial Tribunals (England and Wales) has conducted a pre-hearing review alone because a Minister of the Crown has issued a direction under primary legislation that the proceedings be heard and determined by the President alone on the grounds of national security, the President may hear and determine the originating application alone notwithstanding rule 7(9).

Regulation 6 amends rule 9(2E) in Schedule 2 to the principal regulations which applies only in proceedings involving an equal value claim. The main effect of the changes is that where a tribunal has considered the "material factor" defence before deciding whether to require an expert's report, it will be precluded from considering that defence again after the expert has submitted his report other than in exceptional circumstances.

The Regulations contain transitional provisions.