The Industrial Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993

Transitional provisions relating to rules of procedure

11.—(1) The rules in Schedules 1, 2, 3, 4 and 5 (in this regulation referred to as “the new rules”) shall apply in all proceedings to which they relate, irrespective of when those proceedings were commenced, as from 16 December 1993, and the rules of procedure in—

(a) Schedule 2 to the Industrial Tribunals (Scotland) Regulations 1965;

(b) the Schedule to the Industrial Tribunals (Improvement and Prohibition Notices Appeal) (Scotland) Regulations 1974;

(c) the Schedule to the Industrial Tribunals (Non-Discrimination Notices Appeals) (Scotland) Regulations 1977;

(d) the Industrial Tribunals Rules of Procedure (Scotland) 1985 (“the 1985 rules”); and

(e) the Industrial Tribunals Complementary Rules of Procedure (Scotland) 1985, (in this regulation together referred to as “the old rules”) shall cease to have effect in relation to proceedings on that date.

(2) Anything done validly under or pursuant to the old rules before 16 December 1993 shall be treated as having been done validly for the purposes of these Regulations and the new rules, whether or not what was done could have been done under or pursuant to these Regulations and the new rules.

(3) Notwithstanding paragraph (1), in any proceedings in which a pre-hearing assessment (under Rule 6 of the 1985 rules) has taken place or commenced before 16 December 1993, Rule 6 of those rules shall continue to have effect in relation to those proceedings and no pre-hearing review (under rule 7 in Schedule 1) may take place;

(4) Where the first fixing of a date of a pre-hearing assessment occurs before 16 December 1993 but paragraph (3) does not apply, the hearing shall be refixed as a pre-hearing review (under rule 7 in Schedule 1).