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Trade Union and Labour Relations Act 1974

Status:

This is the original version (as it was originally enacted).

21Effect of abolition of National Industrial Relations Court on pending proceedings and decisions given

(1)In this section and sections 22 and 23 below—

  • "the Court" means the National Industrial Relations Court;

  • " abate", in relation to any proceedings, means that the proceedings shall be treated as discontinued and, in relation to any decision, means that the decision, so far as not enforced, shall be unenforceable;

  • " decision " includes a judgment, order or award and any reference to the giving of a decision shall be construed accordingly;

  • " pending " means pending immediately before the passing of this Act; and for the purposes of this section and those sections proceedings shall be treated as pending in the Court or an industrial tribunal until a final decision is given in those proceedings by the Court or the tribunal, as the case may be.

(2)On the passing of this Act, except in so far as provision is made by subsections (3) to (7) below for proceedings of the descriptions mentioned in those subsections—

(a)proceedings commenced in the Court before 30th April 1974 and pending in the Court shall be transferred by virtue of this paragraph to the High Court or the Court of Session;

(b)proceedings commenced in the Court on or after 30th April 1974 or any decision in those proceedings shall abate;

(c)any right of appeal against any such decision other than a right saved by section 23(1) below shall be extinguished and any appeal from any such decision or any decision on any such appeal shall abate.

(3)Where a complaint has been presented to the Court under section 103 of the 1971 Act (complaints by Registrar against registered union or employers' association), then, if the complaint was presented before 30th April 1974 and is pending in the Court, the complaint shall, on the passing of this Act, be transferred by virtue of this subsection to an industrial tribunal.

(4)Where an appeal arising out of any proceedings or decision of an industrial tribunal has been instituted in the Court, then—

(a)in the case of an appeal which is pending in the Court and arose out of proceedings or a decision under the Contracts of Employment Act 1972 or the Redundancy Payments Act 1965 or on a complaint under the 1971 Act by an employee that he has been unfairly dismissed by his employer, the appeal shall on the passing of this Act be transferred by virtue of this paragraph, to the High Court or the Court of Session;

(b)in the case of an appeal of any other description, the appeal shall, if the proceedings in the industrial tribunal were commenced before 30th April 1974 and the appeal is pending in the Court, be transferred by virtue of this paragraph on the passing of this Act to the High Court or the Court of Session;

(c)in the case of an appeal of a description referred to in paragraph (b) above, where the proceedings in the industrial tribunal were commenced on or after 30th April 1974, the appeal or any decision on the appeal shall on the passing of this Act abate.

(5)Where an appeal arising out of proceedings before the Chief Registrar of Trade Unions and Employers' Associations or any assistant registrar of his has been instituted and is pending in the Court, then—

(a)if the decision appealed from was made under any provision of the Trade Union Act 1913 (funds for political purposes), the appeal shall on the passing of this Act be transferred by virtue of this paragraph to the High Court or the Court of Session;

(b)if the appeal is by way of case stated in proceedings on a complaint under section 4 of the Trade Union (Amalgamations, etc.) Act 1964 (complaints about resolutions to amalgamate), the appeal shall on the passing of this Act be so transferred by virtue of this paragraph ;

(c)if the appeal arises out of any other proceedings, the appeal or any decision on the appeal shall on the passing of this Act abate.

(6)Where a complaint has been transferred by an industrial tribunal to the Court by virtue of section 111 of the 1971 Act and is pending in the Court, then—

(a)in the case of a complaint by an employee that he has been unfairly dismissed by his employer, the complaint shall on the passing of this Act be transferred by virtue of this paragraph back to the tribunal from which it was so transferred;

(b)in the case of a complaint of any other description presented before 30th April 1974, the complaint shall on the passing of this Act be transferred by virtue of this paragraph back to the tribunal from which it was so transferred;

(c)in the case of a complaint of a description referred to in paragraph (b) above presented on or after 30th April 1974, the complaint or any decision on the complaint shall on the passing of this Act abate.

(7)Where, under any provision of the 1971 Act, proceedings have been commenced in the Court at any time with a view to the making of a reference or request to the Commission on Industrial Relations, then—

(a)if the proceedings are pending in the Court and no reference or request has been made in the proceedings, those proceedings shall on the passing of this Act abate;

(b)if a reference or request so made in those proceedings is outstanding immediately before the passing of this Act, the reference or request shall be treated as withdrawn on the passing of this Act, and, subject to subsection (10) below, those proceedings shall then abate ;

(c)any order of the Court made in proceedings resulting from a reference or request to that Commission shall cease to have effect on the passing of this Act.

(8)Where proceedings are transferred by virtue of subsection (2), (4) or (5) above, the proceedings shall be transferred, in the case of proceedings in England and Wales, to the High Court and, in the case of proceedings in Scotland, to the Court of Session and may be continued there accordingly.

(9)Rules of court relating to proceedings so transferred may provide for excluding so much of section 63(1) of the Supreme Court of Judicature (Consolidation) Act 1925 as requires appeals to the High Court to be heard and determined by a divisional court; but no appeal to the Court of Appeal shall be brought against a decision of the High Court on an appeal transferred by virtue of any provision of this section except with the leave of the High Court or the Court of Appeal.

(10)Where a reference or a request by the Court to the Commission on Industrial Relations is treated as withdrawn by virtue of subsection (7)(b) above, the Secretary of State may authorise the Commission to make a report of its findings and recommendations on that reference or request to those persons appearing to the Commission to be directly concerned, and to arrange for the report to be published in such manner as the Commission consider appropriate; and paragraph 43(1) of Schedule 3 to the 1971 Act (disclosure of information) shall not apply to that report.

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