THE INDUSTRIAL TRIBUNALS (ENFORCEMENT OF ORDERS UNDER THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982) (SCOTLAND) REGULATIONS 1995

Recognition or enforcement of tribunal decisions in another Contracting State

3.—(1) An interested party who wishes to secure the enforcement or recognition, in another Contracting State, of an order, may apply for—

(a) a copy of the decision of the tribunal containing that order; and

(b) a certificate giving particulars relating to the decision and the proceedings in which it was given;

• in accordance with paragraph (2) below.

(2) The application shall be in writing and shall state—

(a) the names of the parties to the proceedings in which the decision was given and, if known by the person applying, the case number of the originating application which relates to those proceedings;

(b) the date shown on the decision as being the date it was sent to the parties;

(c) the location of the tribunal which made the decision;

(d) that the respondent did or did not object to the jurisdiction, and if so, on what grounds;

(e) the sum or the aggregate sum payable in pursuance of the order (including any expenses), the amount of that sum unsatisfied, and the rate of interest, if any, payable on that sum and the date from which any such interest began to accrue;

(f) that the time for appealing against the order has expired or as the case may be, the date upon which this will expire, and in either case, if known by the person applying, whether any appeal has been brought against the order and, if so, any outcome of the appeal;

(g) if known by the person applying, whether enforcement of the order has been stayed or suspended; and

(h) that the application is made in pursuance of a wish on the part of the person applying to secure the recognition or enforcement of the order in another Contracting State.

(3) The application shall be presented to the Secretary at the Central Office of the Industrial Tribunals (Scotland).

(4) If the Secretary is of the opinion that he is unable to issue a certificate under this regulation unless he is given further information, he shall, in writing, notify the person applying of that fact, specifying what further information is required.

(5) Subject to paragraph (4) of this regulation, upon receiving an application which satisfies the requirements of this regulation, the Secretary shall issue to the person applying—

(a) a certificate in the Form set out in Schedule 1 to these Regulations, or in a form substantially to the same effect, with such variation as circumstances may require; and

(b) a copy of the decision as it appears on the Register.