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The Industrial Tribunals (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Composition of a tribunal

6.—(1) Subject to the following provisions of this Article, proceedings before an industrial tribunal shall be heard by—

(a)the person who, in accordance with regulations made under Article 3(1), is the chairman, and

(b)two other members, or (with the consent of the parties) one other member, selected as the other members (or member) in accordance with regulations so made.

(2) Subject to paragraph (5), the proceedings specified in paragraph (3) shall be heard by the person mentioned in paragraph (1)(a) alone.

(3) The proceedings referred to in paragraph (2) are—

(a)proceedings on an application under Article 163, 166 or 167 of the Employment Rights Order (interim relief orders) or on a. complaint under Article 55 (protection of wages) or 233 (payments on insolvency of employer) of that Order;

(b)proceedings on a complaint under section 122 of the [1993 c. 49.] Pension Schemes (Northern Ireland) Act 1993;

(c)proceedings in respect of which an industrial tribunal has jurisdiction by virtue of Article 5;

(d)proceedings in which the parties have given their written consent to the proceedings being heard in accordance with paragraph (2) (whether or not they have subsequently withdrawn it),

(e)proceedings in which the person bringing the proceedings has given written notice withdrawing the case, and

(f)proceedings in which the person (or, where more than one, each of the persons) against whom the proceedings are brought does not, or has ceased to, contest the case.

(4) The Department may by order amend the provisions of paragraph (3).

(5) Proceedings specified in paragraph (3) shall be heard in accordance with paragraph (1) if a person who, in accordance with regulations made under Article 3(1), may be the chairman of an industrial tribunal, having regard to—

(a)whether there is a likelihood of a dispute arising on the facts, which makes it desirable for the proceedings to be heard in accordance with paragraph (1),

(b)whether there is a likelihood of an issue of law arising which would make it desirable for the proceedings to be heard in accordance with paragraph (2),

(c)any views of any of the parties as to whether or not the proceedings ought to be heard in accordance with either of those paragraphs, and

(d)whether there are other proceedings which might be heard concurrently but which are not proceedings specified in paragraph (3),

decides at any stage of the proceedings that the proceedings are to be heard in accordance with paragraph (1).

(6) Where (in accordance with the following provisions of this Order) the Department makes industrial tribunal procedure regulations, the regulations may provide that, in such circumstances as the regulations may specify, any act required or authorised by the regulations to be done by an industrial tribunal may be done by the person mentioned in paragraph (1)(a) alone.

(7) Where the Secretary of State so directs in relation to any proceedings on grounds of national security—

(a)the proceedings shall be heard and determined, and

(b)any act required or authorised by industrial tribunal procedure regulations to be done by an industrial tribunal in relation to the proceedings shall be done,

by the President of the Industrial Tribunals and the Fair Employment Tribunal (or a person nominated under section 3(6) of the [1989 c. 32.] Fair Employment (Northern Ireland) Act 1989 to discharge the functions of the President) alone.

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