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For section 34 of the Employment Tribunals Act 1996 (c. 17) (costs and expenses) there is substituted—
(1)Appeal Tribunal procedure rules may include provision for the award of costs or expenses.
(2)Rules under subsection (1) may include provision authorising the Appeal Tribunal to have regard to a person’s ability to pay when considering the making of an award against him under such rules.
(3)Appeal Tribunal procedure rules may include provision for authorising the Appeal Tribunal—
(a)to disallow all or part of the costs or expenses of a representative of a party to proceedings before it by reason of that representative’s conduct of the proceedings;
(b)to order a representative of a party to proceedings before it to meet all or part of the costs or expenses incurred by a party by reason of the representative’s conduct of the proceedings.
(4)Appeal Tribunal procedure rules may also include provision for taxing or otherwise settling the costs or expenses referred to in subsection (1) or (3)(b) (and, in particular in England and Wales, for enabling the amount of such costs to be assessed by way of detailed assessment in the High Court).”
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