Section 34 Costs and expensesF1

England, Wales and Scotland

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

s. 34(1) substituted by Judicial Review and Courts Act 2022 Sch. 5 para. 22(2)
s. 34(2) words substituted by Judicial Review and Courts Act 2022 Sch. 5 para. 22(3)
s. 34(3) words substituted by Judicial Review and Courts Act 2022 Sch. 5 para. 22(4)
s. 34(4) words substituted by Judicial Review and Courts Act 2022 Sch. 5 para. 22(5)

(1)

Appeal Tribunal procedure rules may include provision for the award of costs or expenses.

(2)

Rules under subsection (1) may include provision authorising the Appeal Tribunal to have regard to a person’s ability to pay when considering the making of an award against him under such rules.

(3)

Appeal Tribunal procedure rules may include provision for authorising the Appeal Tribunal—

(a)

to disallow all or part of the costs or expenses of a representative of a party to proceedings before it by reason of that representative’s conduct of the proceedings;

(b)

to order a representative of a party to proceedings before it to meet all or part of the costs or expenses incurred by a party by reason of the representative’s conduct of the proceedings.

(4)

Appeal Tribunal procedure rules may also include provision for taxing or otherwise settling the costs or expenses referred to in subsection (1) or (3)(b) (and, in particular in England and Wales, for enabling the amount of such costs to be assessed by way of detailed assessment in the High Court).

Annotations

Textual amendments

F1: S. 34 substituted (9.7.2004) by 2002 c. 22, ss. 23, 55(2); S.I. 2004/1717, art. 2(1)

Notes on the whole Act

Textual amendments

F1: The Industrial Tribunals Act 1996 may be cited as the Employment Tribunals Act 1996 (1.8.1998) by virtue of 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F2: Words in long title substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2); S.I. 1998/1658, art. 2(1), Sch. 1