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The Employment Tribunals Act 1996 (Tribunal Composition) Order 2009

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2009, ISBN 9780111473221

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 41(2) of the Employment Tribunals Act 1996, for approval by resolution of each House of Parliament.

Employment Tribunals

Made ***

Coming into force 6th April 2009

A draft of this Order was laid before Parliament in accordance with section 41(2) of the Employment Tribunals Act 1996f1 and approved by a resolution of each House of Parliament.

Accordingly, the Secretary of State and the Lord Chancellor, acting jointly in exercise of the powers conferred upon them by section 4(4)f2 of that Act, make the following Order:

Annotations to the whole text

Footnotes

f1

1996 c.17.

f2

Section 4(4) was amended by the Tribunals, Courts and Enforcement Act 2007 (c.15), section 48(1), and Schedule 8, paragraphs 35 and 38.

Contents

  1. 1Citation and commencement
  2. 2Amendment to the Employment Tribunals Act 1996
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Employment Tribunals Act 1996 (Tribunal Composition) Order 2009 and shall come into force on 6th April 2009.

2Amendment to the Employment Tribunals Act 1996

In section 4(3)f1 of the Employment Tribunals Act 1996, after paragraph (cd), there is inserted—

“(ce)

proceedings on a complaint under regulation 30 of the Working Time Regulations 1998f2 relating to an amount due under regulation 14(2) or 16(1) of those Regulations,

(cf)

proceedings on a complaint under regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003f3 relating to an amount due under regulation 11 of those Regulations,

(cg)

proceedings on a complaint under regulation 18 of the Civil Aviation (Working Time) Regulations 2004f4 relating to an amount due under regulation 4 of those Regulations,

(ch)

proceedings on a complaint under regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004f5 relating to an amount due under regulation 11 of those Regulations,”.

Signature

Name

Minister of State for Employment Relations and Postal Affairs

Department for Business, Enterprise and Regulatory Reform

Date

Signed by the authority of the Lord Chancellor

Name

Parliamentary Under Secretary of State

Ministry of Justice

Date

Explanatory note

(This note is not part of the Order)

This Order amends section 4(3) of the Employment Tribunals Act 1996 which details the proceedings which may be heard by an Employment Judge when sitting alone. The amendments contained in this order enable proceedings, in respect of payments relating to leave entitlement, under the Working Time Regulations 1998; Merchant Shipping (Working Time: Inland Waterways) Regulations 2003; Civil Aviation (Working Time) Regulations 2004; and Fishing Vessels (Working Time: Sea-fisherman) Regulations 2004 to be heard by an Employment Judge alone.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.