Disability Discrimination Act 1995

[F1 63 Restriction of publicity: Employment Appeal Tribunal. E+W+S+N.I.

(1) This section applies to proceedings—

(a) on an appeal against a decision of an industrial tribunal to make, or not to make, a restricted reporting order, or

(b) on an appeal against any interlocutory decision of an industrial tribunal in proceedings in which the industrial tribunal has made a restricted reporting order which it has not revoked.

(2) The power of the Lord Chancellor to make rules with respect to the procedure of the Employment Appeal Tribunal includes power to make provision in relation to proceedings to which this section applies for—

(a) enabling the Tribunal, on the application of the complainant or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the Tribunal’s decision; and

(b) where a restricted reporting order is made in relation to an appeal which is being dealt with by the Tribunal together with any other proceedings, enabling the Tribunal to direct that the order is to apply also in relation to those other proceedings or such part of them as the Tribunal may direct.

(3) Subsections (3) to (6) of section 62 apply in relation to a restricted reporting order made by the Tribunal as they apply in relation to one made by an industrial tribunal.

(4) In subsection (1), “restricted reporting order” means an order which is a restricted reporting order for the purposes of section 62.

(5) In subsection (2), “restricted reporting order” means an order—

(a) made in exercise of the power conferred by rules made by virtue of this section; and

(b) prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain.

(6) In this section—

• “complainant” means the person who made the complaint to which the proceedings before the Tribunal relate;

• “identifying matter”, “written publication” and “relevant programme” have the same meaning as in section 62; and

• “promulgation” has such meaning as may be prescribed by the rules.]

Annotations:

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Extent Information

E1 In the application of this Act to Northern Ireland, this section is omitted; see s. 70(6), Sch. 8 para. 43

Amendments (Textual)

F1 S. 63 repealed (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

Commencement Information

I1 S. 63 partly in force; s. 63 not in force at Royal Assent see s. 70(3); s. 63(1)(2)(4)(5)(6) in force at 17.5.1996 by S.I. 1996/1336, art. 3(h)