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

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The hearing

8.—(1) Any hearing of an originating application shall be heard by a tribunal composed in accordance with Article 58A(1), (2), (3) or (7) of the No. 1 Order(1).

(2) Any hearing of or in connection with an originating application shall take place in public except where the Secretary of State has directed a tribunal to sit in private on grounds of national security in accordance with Article 59(4A) of the No. 1 Order(2).

(3) Notwithstanding paragraph (2), a tribunal may sit in private for the purpose of hearing evidence—

(a)which in the opinion of the tribunal relates to matters of such a nature that it would be against the interests of national security to allow the evidence to be given in public; or

(b)from any person which in the opinion of the tribunal is likely to consist of—

(i)information which he could not disclose without contravening a prohibition imposed by or under any statutory provision; or

(ii)any information which has been communicated to him in confidence, or which he has otherwise obtained in consequence of the confidence reposed in him by another person; or

(iii)information the disclosure of which would cause substantial injury to any undertaking of his or any undertaking in which he works for reasons other than its effect on negotiations with respect to any of the matters mentioned in Article 3(1) of the No. 1 Order.

(4) If a party wishes to submit written representations for consideration by a tribunal at the hearing of the originating application that party shall send such representations to the Secretary not less than 7 days before the hearing and shall at the same time send a copy to each other party.

(5) The Department if it so elects shall be entitled to appear as if it were a party and be heard at any hearing of or in connection with an originating application in proceedings which may involve a payment out of the Northern Ireland National Insurance Fund and in that event it shall be treated for the purposes of these Rules as if it were a party.

(1)

As inserted by S.I. 1993/2668 (N.I. 11) Article 14

(2)

As inserted by S.I. 1993/2668 (N.I. 11) Schedule 5 paragraph 1

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