Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2004

Composition of tribunals

8.—(1) For each hearing of any matter before a tribunal the President or the Vice-President shall select a chairman, who shall, subject to paragraph (5), be the President, the Vice-President or a member of the panel of chairmen, and the President or the Vice-President may select himself.

(2) In any proceedings which are to be determined by a tribunal comprising a chairman (selected in accordance with paragraph (1) or (5), as the case may be) and two other members, those other members shall, subject to paragraph (5), be selected by the President or by the Vice-President, as to one member from the panel of persons appointed by the Department under regulation 5(1)(b) and as to the other from the panel of persons appointed under regulation 5(1)(c).

(3) In any proceedings which are to be determined by a tribunal whose composition is described in paragraph (2), or, as the case may be, paragraph (5)(b), those proceedings may, with the consent of the parties, be heard and determined in the absence of any one member other than the chairman, and in that event the tribunal shall be properly constituted.

(4) 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 the tribunal previously selected to hear any proceedings before a tribunal.

(5) For the purposes of proceedings in relation to which a direction is given under Article 12(3) of the Industrial Tribunals Order, or an order is made under Article 12(4) of that Order –

(a) the President or the Vice-President shall select a chairman, who shall be the President, the Vice-President or a member of the panel selected in accordance with regulation 6(a), and the President or the Vice-President may select himself; and

(b) in any such proceedings which are to be determined by a tribunal comprising a chairman (selected in accordance with sub-paragraph (a)) and two other members, those other members shall be selected by the President or the Vice-President, as to –

(i) one member from the panel selected in accordance with regulation 6(b)(i); and

(ii) the other from the panel selected in accordance with regulation 6(b)(ii).