The Civil Legal Aid (General) Regulations 1989

The Employment Appeal Tribunal

149.—(1) In this regulation–

“the Appeal Tribunal” means the Employment Appeal Tribunal established under section 135(1) of the Employment Protection (Consolidation) Act 1978(1); and

“the registrar” means the registrar of the Appeal Tribunal and includes any officer of the Appeal Tribunal authorised to act on behalf of the registrar.

(2) Except in so far as otherwise provided by this regulation, these Regulations shall apply to applications for legal aid for proceedings in the Appeal Tribunal and to the conduct of all proceedings in it for which a certificate is granted, in the same way as they apply to applications for legal aid for, and the conduct of, proceedings in any court.

(3) Where any power to do any act or exercise any jurisdiction or discretion is conferred by these Regulations on a court, it shall, in relation to proceedings in the Appeal Tribunal, be exercised by that Tribunal and may, unless it is exercisable only during the hearing of the proceedings by a judge or member of the Appeal Tribunal or by the Appeal Tribunal as required to be constituted by paragraph 16 of Schedule 11 to the Employment Protection (Consolidation) Act 1978, be exercised by the registrar.

(4) Where it appears to the Area Director that an application for a certificate relates to proceedings in the Appeal Tribunal which are likely to be conducted in Scotland, he shall transmit the application forthwith to the Chief Executive of the Legal Aid Board in Scotland and shall notify the applicant and his solicitor accordingly.

(5) Where it appears to the Area Director doubtful whether the proceedings to which an application for a certificate relates will be conducted in the Appeal Tribunal in England and Wales or in Scotland, he shall request the registrar to determine that question and that determination shall be binding upon the Area Director.

(6) Where a certificate has been issued and there is a change of circumstances regarding the conduct of the proceedings in that, by direction of the Appeal Tribunal, they will be wholly or partly conducted in Scotland–

(a) the certificate shall remain in force;

(b) the assisted person shall continue to be represented in the proceedings in Scotland by the solicitor who represented him in England and that solicitor may instruct either a member of the English or the Scottish Bar; and

(c) no question as to the propriety of appearing in Scotland shall be raised on a taxation or on an assessment in accordance with regulation 105.

(7) The costs of an assisted person in respect of proceedings in the Appeal Tribunal shall be assessed in accordance with regulation 105 or taxed on the standard basis by a taxing master of the Supreme Court and the provisions of Order 62 of the Rules of the Supreme Court 1965 shall apply, with the necessary modifications, to the taxation of those costs as if the proceedings in the Appeal Tribunal were a cause or matter in the Supreme Court.

(1)

1978 c. 44; section 135(1) was amended by the Employment Act 1980 (c. 42), Schedule 2.