Statutory Instrument 1996 No. 3216

The Employment Appeal Tribunal (Amendment) Rules 1996

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© Crown Copyright 1996

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1996 No. 3216

INDUSTRIAL TRIBUNALS

The Employment Appeal Tribunal (Amendment) Rules 1996

The Lord Chancellor, in exercise of the powers conferred on him by sections 30 and 32 of the Industrial Tribunals Act 1996^[1], and of all other powers enabling him in that behalf, having consulted with the Lord President of the Court of Session, hereby makes the following Rules:—

Citation and commencement
    1.    These Rules may be cited as the Employment Appeal Tribunal (Amendment) Rules 1996 and shall come into force on 10th January 1997.

Amendment of Rules
    2.    After rule 23 of the Employment Appeal Tribunal Rules 1993^[2], there shall be inserted:—

"Restricted reporting orders in disability cases
    23A.—(1)  This rule applies to proceedings to which section 32(1) of the Industrial Tribunals Act 1996 applies.

    (2)  In proceedings to which this rule applies the Appeal Tribunal may, on the application of the complainant or of its own motion, make a restricted reporting order having effect, if not revoked earlier by the Appeal Tribunal, until the promulgation of its decision.

    (3)  Where the Appeal Tribunal makes a restricted reporting order under paragraph (2) of this rule in relation to an appeal which is being dealt with by the Appeal Tribunal together with any other proceedings, the Appeal Tribunal may direct that the order is to apply also in relation to those other proceedings or such part of them as it may direct.

    (4)  Paragraphs (5) to (9) of rule 23 apply in relation to the making of a restricted reporting order under this rule as they apply in relation to the making of a restricted reporting order under that rule." .

Mackay of Clashfern,C.

Dated 19th December 1996

The rule included in the Employment Appeal Tribunal Rules by these Amendment Rules applies to appeals from certain proceedings before industrial tribunals under Part II of the Disability Discrimination Act 1995 (1995 c. 50).

The rule enables the Employment Appeal Tribunal to make a restricted reporting order, having effect until the promulgation of its decision, in proceedings on an appeal from an industrial tribunal against:—
(a) a decision of the tribunal to make or not to make a restricted reporting order in disability discrimination proceedings; or

(b) an interlocutory decision of the tribunal in such proceedings in which the tribunal has made a restricted reporting order which has not been revoked.

[1] 1996 c. 17. back

[2] S.I. 1993/2854. back