The Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 2002

Citation, commencement and revocation

1.—(1) These Regulations may be cited as the Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 2002 and shall come into force on 24th December 2002.

(2) The Employment Tribunals (Enforcement of Orders under the Civil Jurisdiction and Judgments Act 1982) (Scotland) Regulations 1995(1) are hereby revoked.

Interpretation

2.  In these Regulations—

“the Act of 1982” means the Civil Jurisdiction and Judgments Act 1982;

“Contracting State” has the meaning assigned in section 1(3)(2) of the Act of 1982;

“Office of the Tribunals” means the Central Office of the Employment Tribunals (Scotland);

“order” means an order for the payment of one or more sums of money contained in a decision of an employment tribunal in Scotland;

“Register” means the register of applications, appeals and decisions kept in pursuance of regulation 12 of the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 2001(3),

“Regulation State” has the meaning assigned in section 1(3) of the Act of 1982; and

“Secretary” means the person for the time being appointed to act as the Secretary of the Office of the Tribunals.

Recognition or enforcement of tribunal decisions in another Contracting State

3.—(1) An interested party who wishes to secure the recognition or enforcement, 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).

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

(d) 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 Office of the Tribunals.

(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), 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, 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.

Recognition or enforcement of tribunal decisions in another Regulation State

4.—(1) An interested party who wishes to secure recognition or apply for a declaration of enforceability of an order in another Regulation State 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).

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

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

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

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

(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 the further information required.

(5) Subject to paragraph (4), 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 of Annex V to the Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; and

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

Enforcement of tribunal orders in other parts of the United Kingdom

5.—(1) An interested party who wishes under Schedule 6 of the Act of 1982 to secure the enforcement, in another part of the United Kingdom, of an order made by a tribunal in Scotland, shall apply for a certificate in respect of that order, in accordance with paragraph (2).

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

(a) state—

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

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

(b) verify that enforcement of the order has not been stayed or suspended and that the time available for enforcement has not expired.

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

(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 the further information required.

(5) Subject to paragraph (4), 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 2, 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.

Miscellaneous

6.  Any function of the Secretary may be performed by a person acting with the authority of the Secretary.

Alan Johnson,

Minister of State for Employment Relations, Industry and the Regions,

Department of Trade and Industry

2nd December 2002