Statutory Rule 2000 No. 261

Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2000

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Amendment of rule 2 of Schedule 1
     3.  - (1) For rule 2(2) of Schedule 1 there shall be substituted the following - 

    " (2) The Secretary shall enter such of the details of an originating application as are referred to it in paragraph (4) in the Register either within 28 days of receiving it or, if that is not practicable, as soon as reasonably practicable thereafter."

    (2) The following shall be inserted after rule 2(3) of Schedule 1 - 

    " (4) The details of an originating application to be entered in the Register are - 


(a) the case number;

(b) the date the Secretary received the application;

(c) the name and address of the applicant;

(d) the name and address of the respondent;

(e) the place where the application was presented; and

(f) the type of claim brought in general terms without reference to its particulars.



    (5) In any case appearing to the Secretary to involve allegations of the commission of a sexual offence, where any person referred to in paragraph 4(c) or 4(d) appears to the Secretary to be a person affected by or making the allegations he shall omit from the Register the details in paragraph 4(c) or 4(d), as the case may be, relating to that person.".

Amendment of rule 8 of Schedule 1
     4. In rule 8(3)(b)(iii) for the words "Article 3(1) of the No. 1 Order" there shall be substituted the words "Article 96(1) of the Industrial Relations (Northern Ireland) Order 1992.".

Amendment of rule 5 of Schedule 3
     5. For rule 5(a) of Schedule 3 there shall be substituted the following - 

" (a) enter the following details of the appeal in the Register namely - 


(i) the case number;

(ii) the date the Secretary received the relevant documents;

(iii) the name and address of the appellant;

(iv) the name and address of the Board;

(v) the Industrial Tribunal Office dealing with the appeal; and

(vi) the fact that the appeal is an appeal by a person assessed to a levy imposed under a levy order made under Article 23(2) of the Order of 1984."

Amendment of rule 3 of Schedule 4
     6. For rule 3 of Schedule 4 there shall be substituted the following - 

     " 3. Upon receiving a notice of appeal the Secretary shall - 


(a) enter the following details of the appeal in the Register, namely - 


(i) the case number;

(ii) the date the Secretary received the notice of appeal;

(iii) the name and address of the appellant;

(iv) the name and address of the respondent;

(v) the Industrial Tribunal Office dealing with the appeal; and

(vi) the fact that the appeal is an appeal against an improvement or prohibition notice, as the case may be, served under Article 23 or 24(2) of the Order of 1978;



(b) send a copy of it to the respondent; and

(c) inform the parties in writing of the case number of the appeal entered in the Register (which shall thereafter constitute the title of the proceedings) and of the address to which notices and other communications to the Secretary shall be sent.".

Amendment of rule 4 of Schedule 4
     7. For rule 4(2) of Schedule 4 there shall be substituted the following - 

" (2) Upon receiving the application, the Secretary shall enter the fact of it against the entry in the Register relating to the appeal and shall send a copy of it to the respondent.".

Amendment of rule 2 of Schedule 5
     8. For rule 2 of Schedule 5 there shall be substituted the following - 

     " 2.  - (1) Upon receiving a notice of appeal the Secretary shall - 


(a) enter the following details of the appeal in the Register, namely - 


(i) the case number;

(ii) the date the Secretary received the notice of appeal;

(iii) the name and address of the appellant;

(iv) the name and address of the respondent;

(v) the Industrial Tribunal Office dealing with the appeal; and

(vi) the fact that the appeal is an appeal against a non-discrimination notice served under Article 67(2) of the Order of 1976 or Article 55(2) of the Race Relations (Northern Ireland) Order 1997[4], as the case may be;



(b) send a copy of it to the respondent; and

(c) inform the parties in writing of the case number of the appeal entered in the Register (which shall thereafter constitute the title of the proceedings) and of the address to which notices and other communications to the Secretary shall be sent??"??."



(2) In any case appearing to the Secretary to involve allegations of the commission of a sexual offence, he shall omit details referred to in paragraph (1)(a)(iii) from the Register where that person appears to the Secretary to be a person affected by or making the allegations.".

Transitional Provision
     9.  - (1) Subject to paragraph (2), the amendments to the Principal Regulations made by these Regulations shall apply in relation to all proceedings to which they relate, irrespective of when those proceedings were commenced.

    (2) The duty of the Secretary to enter the address of the applicant, respondent, appellant or Board, as the case may be, in the Register, shall apply only in relation to proceedings which are commenced on or after the date these Regulations come into operation.



Sealed with the Official Seal of the Department of Higher and Further Education, Training and Employment on

L.S.

Dr. Seán Farren
Minister for Higher and Further Education, Training and Employment

23rd August 2000.

[2] The Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481) transferred functions under the Industrial Tribunals (Northern Ireland) Order 1996 to the Department of Higher and Further Education, Training and Employmentback

[3] S.R. 1996 No. 173, as amended by S.R. 1996 No. 466back

[4] S.I. 1997/869 (N.I. 6)back