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Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996

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Transitional provisions relating to Rules of Procedure

9.—(1) The rules in Schedules 1, 2, 3, 4 and 5 (in this Regulation referred to as “the new rules”) shall apply in all proceedings to which they relate, irrespective of when those proceedings were commenced, as from 1st June 1996, and the Rules of Procedure in—

(a)the Schedule to the Industrial Tribunals Regulations (Northern Ireland) 1965(1);

(b)the Schedule to the Industrial Tribunals (Improvement and Prohibition Notices Appeals) Regulations (Northern Ireland) 1979(2);

(c)the Schedule to the Industrial Tribunals (Non-Discrimination Notices Appeals) Regulations (Northern Ireland) 1980(3);

(d)the Industrial Tribunals (Rules of Procedure) Regulations (Northern Ireland) 1981(4);

(e)the Industrial Tribunals (Rules of Procedure) (Equal Value Amendment) Regulations (Northern Ireland) 1981(5),

(in this Regulation together referred to as “the old rules”) shall cease to have effect in relation to proceedings on that date.

(2) Without prejudice to the generality of section 29 of the Interpretation Act (Northern Ireland) 1954(6) anything done validly under or pursuant to the old rules before 1st June 1996 shall be treated as having been done validly for the purposes of these Regulations and the new rules, whether or not what was done could have been done under or pursuant to these Regulations and the new rules.

(3) Notwithstanding paragraph (1), in any proceedings in which a pre-hearing assessment under rule 6 of the Industrial Tribunal (Rules of Procedure) Regulations (Northern Ireland) 1981 has taken place or commenced before 1st June 1996, that rule shall continue to have effect in relation to those proceedings and no pre-hearing review may be conducted under the new rules.

(4) Where the date of a pre-hearing assessment is first fixed before 1st June 1996 but that assessment has not taken place or commenced before 1st June1996 the hearing shall be conducted as a pre-hearing review under the new rules.

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