# The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2012, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.
These Regulations increase the maximum amount which an Employment Judge or tribunal may order under a deposit, costs, expenses or preparation order and give Employment Judges and tribunals a power to order a party to pay the expenses incurred by a witness in attending a tribunal to give evidence.
These Regulations provide that any witness statements should be taken as read and stand as evidence in chief of the witness concerned unless the Employment Judge or tribunal directs otherwise. This reflects the Employment Appeal Tribunal’s decision in Mehta v Child Support Agency UKEAT/0127/10/CEA. In Scotland witness statements are not routinely ordered by Employment Judges, but these Regulations would mean that where statements are ordered they would be taken as read.
These Regulations also provide that rule 61(8) of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (on sending documents to the Commission for Equality and Human Rights) shall not apply in certain cases where either the Security Service, the Secret Intelligence Service or the Government Communications Headquarters is a party.
A full regulatory impact assessment is available and a copy can be obtained from the Department for Business, Innovation and Skills, Labour Market Directorate, 1 Victoria Street, London, SW1H 0ET. Copies have also been placed in the libraries of both Houses of Parliament.

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Source: https://www.legislation.gov.uk/uksi/2012/468/note (the official version)
Page: https://openlegislation.uk/employment-tribunals-constitution-and-rules-of-procedure-amendment-regulations-2012/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.