The Industrial Tribunals (Interest) Order 1990

Interpretation

2.—(1) In this Order, except in so far as the context otherwise requires—

“appellate court” means the Employment Appeal Tribunal, the High Court, the Court of Appeal, the Court of Session or the House of Lords as the case may be;

“the calculation day” in relation to a relevant decision means the day immediately following the expiry of the period of 42 days beginning with the relevant decision day;

“interest” means simple interest which accrues from day to day;

“relevant decision” in relation to a tribunal means any award or other determination of the tribunal by virtue of which one party to proceedings before the tribunal is required to pay a sum of money, excluding a sum representing costs or expenses, to another party to those proceedings;

“Rules of Procedure” means rules having effect in relation to proceedings before a tribunal by virtue of any regulations or order made pursuant to an enactment;

“the stipulated rate of interest” has the meaning assigned to it in Article 4 below;

“tribunal” means in England and Wales an industrial tribunal (England and Wales) established in pursuance of the Industrial Tribunals (England and Wales) Regulations 1965(1) and in Scotland an industrial tribunal (Scotland) established in pursuance of the Industrial Tribunals (Scotland) Regulations 1965(2).

(2) For the purposes of this Order a sum of money is required to be paid by one party to proceedings to another such party if, and only if, an amount of money required to be so paid is:—

(a) specified in an award or other determination of a tribunal or, as the case may be, in an order or decision of an appellate court; or

(b) otherwise ascertainable solely by reference to the terms of such an award or determination or, as the case may be, solely by reference to the terms of such an order or decision,

but where a tribunal or, as the case may be, appellate court has made a declaration as to entitlement under a contract nothing in this Order shall be taken to provide for interest to be payable on any payment under that contract in respect of which no obligation to make the payment has arisen under that contract before the declaration was made.

(3) In this Order, except in so far as the context otherwise requires, “decision day” means the day signified by the date recording the sending of the document which is sent to the parties recording an award or other determination of a tribunal and “relevant decision day”, subject to Article 5, 6 and 7 below, means the day so signified in relation to a relevant decision.

(4) In this Order “party” includes the Secretary of State where he has elected to appear as if he were a party in accordance with a Rule of Procedure entitling him so to elect.

(1)

S.I. 1965/1101, amended by S.I. 1967/301, 1970/941 and 1977/1473.

(2)

S.I. 1965/1157, amended by S.I. 1967/302, 1972/638 and 1977/1474.