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Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2004

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Composition of the Tribunal

4.—(1) The Tribunal shall consist of –

(a)the President;

(b)the Vice-President;

(c)the panel of chairmen;

(d)a panel of up to 50 members appointed by the Department after consultation with such organisations or associations of organisations representative of employees as it sees fit; and

(e)a panel of up to 50 members appointed by the Department after consultation with such organisations or associations of organisations representative of employers as it sees fit.

(2) Subject to rule 13(7) of Schedule 1, rule 10(5) of Schedule 2 and rule 10(5) of Schedule 3, the Tribunal shall consist of a chairman and two other members, but in the absence of any one member other than the chairman a hearing may, with the consent of the parties, take place in the absence of such member and in that event the Tribunal shall be deemed to be properly constituted.

(3) For each hearing of any matter before a tribunal the President or Vice-President shall select a chairman, who shall be the President, the Vice-President or a member of the panel of chairmen, and the President or the Vice-President may select himself.

(4) For each hearing the two members of the tribunal other than the chairman shall be selected by the President or the Vice-President as to –

(a)one member from the panel selected in accordance with paragraph (1)(d); and

(b)the other from the panel selected in accordance with paragraph (1)(e).

(5) The President or the Vice-President may at any time select from the appropriate panel another person in substitution for the chairman or other member of a tribunal previously selected.

(6) Members of the panel of chairmen shall hold and vacate office under the terms of the instrument under which they are appointed, but may resign office by notice in writing to the Lord Chancellor.

(7) Members of the panels constituted under paragraphs 1(d) and 1(e) shall hold and vacate office under the terms of the instrument under which they are appointed, but may resign office by notice in writing to the Department; and any such member who ceases to hold office shall be eligible for reappointment.

(8) Subject to Article 82(6) of the Order of 1998 the President or the Vice-President may direct that if he is absent or unavailable a person appointed to the panel of chairmen may exercise his functions under regulation 3(2) and (3), paragraphs (4) and (5), Articles 17 and 85 of the Order of 1998 and his power of selection under paragraph (3).

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