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

Explanatory Note

(This note is not part of the Regulations)

These regulations revoke, and reproduce with amendments, the Employment Tribunals (Enforcement of Orders under the Civil Jurisdiction and Judgments Act 1982) (Scotland) Regulations 1995 (S.I 1995/1717) (the “1995 Regulations”). The 1995 Regulations provided for the issue of copies of, and certificates in connection with, orders for the payment of a sum of money (“money orders”) issued by employment tribunals in Scotland, in order to enable an interested party to secure the recognition and enforcement of that order in another state which is a contracting state under the Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters signed at Brussels on 27th September 1968 (the “Brussels Convention”) or the Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters opened for signature at Lugano on 16th September 1988 (the “Lugano Convention”).

The 1995 Regulations also prescribed the manner of application for, and form of, a certificate in respect of money orders issued by employment tribunals in Scotland, in order to enable an interested party to secure the enforcement of such orders in another part of the United Kingdom under Schedule 6 to the Civil Jurisdiction and Judgments Act 1982.

In addition to minor and updating amendments, additional provision is now made in these regulations, in consequence of the coming into force on 1st March 2002 of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the “Brussels Regulation”). The Brussels Regulation applies to all European Union Member States except Denmark, and to that extent replaces the Brussels Convention. The provisions of the 1995 Regulations are therefore unchanged in respect of the Brussels Convention (so far as it relates to Denmark), the Lugano Convention (regulation 3) and enforcement within the United Kingdom (regulation 5). New provision has been inserted in respect of the Brussels Regulation (regulation 4).

In particular, regulation 4 provides for the form of application for a copy of the money order and a certificate under article 54 of the Brussels Regulation by an interested party who wishes to apply, in another country to which the Brussels Regulation applies, for recognition of, and a declaration of enforceability in relation to, a money order issued by an employment tribunal in Scotland. It provides that those making such an application will be provided with a copy of the decision containing the order and a certificate in the form of Annex V to the Brussels Regulation.