OpenLegislation

Rule 4 Service of notice of appealI1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1(1)

On receipt of notice under rule 3, the Registrar shall seal the notice with the Appeal Tribunal’s seal and shall serve a sealed copy on the appellant and on—

(a)

every person who, in accordance with rule 5, is a respondent to the appeal; and

(b)

The Secretary of Industrial Tribunals in the case of an appeal from an industrial tribunal; or

(c)

the Certification Officer in the case of an appeal from any of his decisions; or

(d)

the Secretary of State in the case of an appeal under F2... Chapter II of Part IV of the 1992 Act F3or Part XI of the Employment Rights Act 1996 to which he is not a respondent F4; or

(e)

the Chairman of the CAC in the case of an appeal from the CAC under regulation 38(8) of the 1999 Regulations F5or regulation 47(6) of the 2004 Regulations F6or regulation 35(6) of the Information and Consultation Regulations F7....

(2)

On receipt of a document provided under rule 3(5)—

(a)

the Registrar shall not send the document to a person in respect of whom a Minister of the Crown has informed the Registrar that he wishes to address the Appeal Tribunal in accordance with rule 30A(3) with a view to the Appeal Tribunal making an order applicable to this stage of the proceedings under rule 30A(2)(a) read with 30A(1)(b) or (c) (exclusion of a party or his representative), at any time before the Appeal Tribunal decides whether or not to make such an order; but if it decides not to make such an order, the Registrar shall, subject to sub-paragraph (b), send the document to such a person 14 days after the Appeal Tribunal’s decision not to make the order; and

(b)

the Registrar shall not send a copy of the document to an excluded person, but if a special advocate is appointed in respect of such a person, the Registrar shall send a copy of the document to the special advocate.

(3)

On receipt of a document provided under rule 3(6)(a) or (b), the Registrar shall not send a copy of the document to an excluded person, but shall send a copy of the document to the respondent.

Annotations

Textual amendments

F1

Rule 4 renumbered as rule 4(1) (16.7.2001) by The Employment Appeal Tribunal (Amendment) Rules 2001 (S.I. 2001/1128), rules 1(1), 4(a) (with rule 28) (as amended by S.I. 2001/1476, rule 2)

F2

Words in rule 4(d) omitted (16.7.2001) by virtue of The Employment Appeal Tribunal (Amendment) Rules 2001 (S.I. 2001/1128), rules 1(1), 4(b) (with rule 28) (as amended by S.I. 2001/1476, rule 2)

F3

Words in rule 4 inserted (16.7.2001) by The Employment Appeal Tribunal (Amendment) Rules 2001 (S.I. 2001/1128), rules 1(1), 4(c) (with rule 28) (as amended by S.I. 2001/1476, rule 2)

F4

Words in rule 4 inserted (16.7.2001) by The Employment Appeal Tribunal (Amendment) Rules 2001 (S.I. 2001/1128), rules 1(1), 4(d) (with rule 28) (as amended by S.I. 2001/1476, rule 2)

F5

Words in rule 4(1)(e) inserted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 5

F6

Words in rule 4(1)(e) inserted (6.4.2005) by The Information and Consultation of Employees Regulations 2004 (S.I. 2004/3426), regs. 1(1), 41(b) (with reg. 3)

F7

Words in rule 4(1)(e) omitted (31.12.2020) by virtue of The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 3 para. 12; 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Rule 4 in force at 16.12.1993, see rule 1(1)