The Industrial Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993

Interpretation

2.—(1) In these Regulations and in Schedules 1, 2, 3, 4 and 5, unless the context otherwise requires—

“the 1978 Act” means the Employment Protection (Consolidation) Act 1978;

“the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992(1)

“Assistant Secretary” means the person for the time being acting as the secretary of a Regional Office of the Industrial Tribunals;

“chairman” means the President or a member of the panel of chairmen selected in accordance with regulation 7(1), or the President where a Minister of the Crown so directs in accordance with section 128(6) of the 1978 Act(2);

“the clerk” means the person appointed as clerk to the tribunal by the Secretary of the Tribunals or an Assistant Secretary to act in that capacity at one or more hearings;

“hearing” means a sitting of a tribunal duly constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything lawfully requisite to enable the tribunal to reach a decision on any question;

“the Lord President” means the Lord President of the Court of Session.

“the Office of the Tribunals” means the Central Office of the Industrial Tribunals (Scotland);

“panel of chairmen” means the panel appointed under regulation 5(1)(a);

“the President” means the President of the Industrial Tribunals (Scotland) or the person nominated by the Lord President to discharge for the time being the functions of the President;

“Regional Chairman” means a member of the panel of chairmen who has been appointed to the position of Regional Chairman in accordance with regulation 6 (1) or who has been nominated to discharge the functions of a Regional Chairman in accordance with regulation 6(2);

“Regional Office of the Industrial Tribunals” means a regional office which has been established under the Office of the Tribunals for an area specified by the President;

“Register” means the Register of Applications, appeals and decisions kept in pursuance of regulation 9;

“the Secretary” means the person for the time being appointed to act as the Secretary of the Office of the Tribunals;

“tribunal” means an industrial tribunal (Scotland) established in pursuance of regulation 4 and in relation to any proceedings means the tribunal to which the proceedings have been referred by the President or a Regional Chairman.

(2) In these Regulations, in so far as they relate to the rules in Schedules 1 and 2, and in those Schedules, unless the context otherwise requires—

“the 1970 Act” means the Equal Pay Act 1970(3);

“the 1975 Act” means the Sex Discrimination Act 1975(4);

“the 1976 Act” means the Race Relations Act 1976(5);

“the 1986 Act” means the Sex Discrimination Act 1986(6);

“decision” in relation to a tribunal includes

• a declaration,

• an order, including an order striking out any originating application or notice of appearance made under rule 4(7) or 13(2),

• a recommendation or an award of the tribunal, and

• a determination under rule 6,

but does not include any other interlocutory order or any other decision on an interlocutory matter;

“equal value claim” means a claim by an applicant which rests upon entitlement to the benefit of an equality clause by virtue of the operation of section 1(2)(c) of the Equal Pay Act;

“expert” means a member of the panel of independent experts within the meaning of section 2A(4) of the Equal Pay Act;

“report” means a report required by a tribunal to be prepared by an expert, pursuant to section 2A(1)(b) of the Equal Pay Act;

“respondent” means a party to the proceedings before a tribunal other than the applicant.

(3) In these Regulations, in so far as they relate to the rules in Schedule 3, and in that Schedule, unless the context otherwise requires—

“the 1982 Act” means the Industrial Training Act 1982(7);

“the Board” means in relation to an appeal the respondent industrial training board;

“levy” means a levy imposed under section 11 of the 1982 Act.

(4) In these Regulations, in so far as they relate to the rules in Schedule 4, and in that Schedule, unless the context otherwise requires—

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

“decision” in relation to a tribunal includes a direction under rule 4 and any order which is not an interlocutory order;

“improvement notice” means a notice under section 21 of the 1974 Act;

“inspector” means a person appointed under section 19(1) of the 1974 Act;

“prohibition notice” means a notice under section 22 of the 1974 Act;

“respondent” means the inspector who issued the improvement notice or prohibition notice which is the subject of the appeal.

(5) In these Regulations, in so far as they relate to the rules in Schedule 5, and in that Schedule, unless the context otherwise requires—

“the 1975 Act” means the Sex Discrimination Act 1975;

“the 1976 Act” means the Race Relations Act 1976;

“decision” in relation to a tribunal includes the direction under section 68(3) of the 1975 Act or, as the case may be, under section 59(3) of the 1976 Act and any other order which is not an interlocutory order.

“non-discrimination notice” means a notice under section 67 of the 1975 Act or, as the case may be, under section 58 of the 1976 Act;

“respondent” means the Equal Opportunities Commission established under section 53 of the 1975 Act or, as the case may be, the Commission for Racial Equality established under section 43 of the 1976 Act.