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Employment Tribunals Act 1996
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- UK Public General Acts
- 1996 c. 17
- Part II
- Decisions and further appeals
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Changes over time for: Cross Heading: Decisions and further appeals
Version Superseded: 31/12/2004
Alternative versions:
- 22/08/1996- Amendment
- 01/08/1998- Amendment
- 01/08/1998
Point in time - 31/12/2004- Amendment
- 08/08/2016- Amendment
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Point in time view as at 01/08/1998.
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Decisions and further appealsE+W+S
35 Powers of Appeal Tribunal.E+W+S
(1)For the purpose of disposing of an appeal, the Appeal Tribunal may—
(a)exercise any of the powers of the body or officer from whom the appeal was brought, or
(b)remit the case to that body or officer.
(2)Any decision or award of the Appeal Tribunal on an appeal has the same effect, and may be enforced in the same manner, as a decision or award of the body or officer from whom the appeal was brought.
36 Enforcement of decisions etc.E+W+S
(1)Any sum payable in England and Wales in pursuance of an award of the Appeal Tribunal—
(a)made under section 67 or 176 of the M1Trade Union and Labour Relations (Consolidation) Act 1992, and
(b)registered in accordance with Appeal Tribunal procedure rules,
is, if a county court so orders, recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court.
(2)Any order by the Appeal Tribunal for the payment in Scotland of any sum in pursuance of such an award (or any copy of such an order certified by the Secretary of the Tribunals) may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(3)Any sum payable in pursuance of an award of the Appeal Tribunal under section 67 or 176 of the Trade Union and Labour Relations (Consolidation) Act 1992 shall be treated as if it were a sum payable in pursuance of a decision of an [F1employment tribunal] for the purposes of section 14 of this Act.
(4)No person shall be punished for contempt of the Appeal Tribunal except by, or with the consent of, a judge.
(5)A magistrates’ court shall not remit the whole or part of a fine imposed by the Appeal Tribunal unless it has the consent of a judge who is a member of the Appeal Tribunal.
Textual Amendments
F1Words in s. 36(3) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
Marginal Citations
37 Appeals from Appeal Tribunal.E+W+S
(1)Subject to subsection (3), an appeal on any question of law lies from any decision or order of the Appeal Tribunal to the relevant appeal court with the leave of the Appeal Tribunal or of the relevant appeal court.
(2)In subsection (1) the “relevant appeal court” means—
(a)in the case of proceedings in England and Wales, the Court of Appeal, and
(b)in the case of proceedings in Scotland, the Court of Session.
(3)No appeal lies from a decision of the Appeal Tribunal refusing leave for the institution or continuance of, or for the making of an application in, proceedings by a person who is the subject of a restriction of proceedings order made under section 33.
(4)This section is without prejudice to section 13 of the M2Administration of Justice Act 1960 (appeal in case of contempt of court).
Marginal Citations
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