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The Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998

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The Industrial Tribunals (Northern Ireland) Order 1996 (NI 18)

16.—(1) Article 6 (which makes provision about the composition of an industrial tribunal) shall be amended as follows.

(2) In paragraph (1) (which provides that, subject to the following provisions of that Article, tribunal proceedings are to be heard by the chairman and other members), after “Subject to the following provisions of this Article” insert “and to Article 9(3A)”.

(3) In paragraph (6) (which makes provision for industrial tribunal procedure regulations to provide that any act required or authorised by the regulations to be done by a tribunal may be done by the chairman alone), for the words from “, in such circumstances” to “tribunal may” substitute “any act which is required or authorised by the regulations to be done by an industrial tribunal and is of a description specified by the regulations for the purposes of this paragraph may”.

17.  In Article 7(1) (which provides for the payment of remuneration to the President and Vice-President of the Industrial Tribunals and the Fair Employment Tribunal and to full-time chairmen), at the end add


(c)any person who is a legal officer appointed in accordance with such regulations,.

18.—(1) Article 9 (which authorises the making of industrial tribunal procedure regulations) shall be amended as follows.

(2) Paragraph (3)(f)(i) (which authorises the making of regulations about the persons entitled to appear and be heard on behalf of parties in tribunal proceedings) shall cease to have effect.

(3) In paragraph (4) (which provides that it is an offence to fail to comply with certain requirements imposed by an industrial tribunal by virtue of regulations), after sub-paragraph (b) insert

, or

(c)any requirement imposed by virtue of industrial tribunal procedure regulations to give written answers for the purpose of facilitating the determination of proceedings as mentioned in paragraph (3A), (3B) or (3C),.

19.  In Article 11(4) (which enables industrial tribunal procedure regulations to provide that issues relating to the entitlement to bring or contest proceedings may be heard and determined in advance), for the words “any issue” onwards substitute “separately any preliminary issue of a description prescribed by the regulations which is raised by any case.”.

20.  In Article 20(1)(b) (which specifies the provisions of the Trade Union and Labour Relations (Northern Ireland) Order 1995 in relation to which the provisions about conciliation apply), for “or 38” substitute “, 38 or 60”.

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