The Employment Relations (Northern Ireland) Order 1999

5.  After Article 70 there shall be inserted—

“Vexatious litigants

70A.— (1) The Certification Officer may refuse to entertain any application or complaint made to him under a provision of—

(a) this Order; or

(b) Parts II to VIA of the Trade Union and Labour Relations (Northern Ireland) Order 1995,

by a vexatious litigant.

(2) The Certification Officer must give reasons for such a refusal.

(3) Paragraph (1) does not apply to a complaint under Article 12E(1)(b) or to an application under Article 5 or 6 or paragraph 30 of Schedule 1.

(4) For the purposes of paragraph (1) a vexatious litigant is a person who is the subject of—

(a) an order which is made under section 32 of the Judicature (Northern Ireland) Act 1978,

(b) an order which is made under section 33(1) of the Employment Tribunals Act 1996 and which remains in force,

(c) a civil proceedings order or an all proceedings order which is made under section 42(1) of the Supreme Court Act 1981 and which remains in force, or

(d) an order which is made under section 1 of the Vexatious Actions (Scotland) Act 1898.

Vexatious litigants: applications disregarded

70B.— (1) For the purposes of a relevant enactment an application to the Certification Officer shall be disregarded if—

(a) it was made under a provision mentioned in the relevant enactment, and

(b) it was refused by the Certification Officer under Article 70A(1).

(2) The relevant enactments are—

(a) Articles 13C(5B) and 37(8D); and

(b) Articles 6(8), 23(8), 46A(10), 56(8) and 90A(14) of the Trade Union and Labour Relations (Northern Ireland) Order 1995.”.