The Industrial Tribunals (Constitution and Rules of Procedure) (Scotland) (Amendment) Regulations 1994

• Citation: S.I. 1994/538
• Sections: 8

Section 1 Citation,commencement and interpretation

(1) These Regulations may be cited as the Industrial Tribunals (Constitution and Rules of Procedure) (Scotland) (Amendment) Regulations 1994 and coe 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) (Scotland) Regulations 1993 .

Section 2 Amendments

In rule 6(1) in Schedule 1, after “motion,” insert “hear and”.

Section 3 Amendments

In rule 4(1) (b) in Schedule 1, for “require one party to grant to another”, substitute “grant to a party”.

Section 4 Amendments

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.

Section 5 Amendments

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

Section 6 Amendments

In Rule 9(2E) in Schedule 2—

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

(b) omit the second sentence.

Section 7 Transitional provisions

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.

Section 8 Transitional provisions

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.