{
  "url": "https://openlegislation.uk/employment-tribunals-constitution-and-rules-of-procedure-regulations-2004/regulation-20",
  "json_url": "https://openlegislation.uk/employment-tribunals-constitution-and-rules-of-procedure-regulations-2004/regulation-20.json",
  "legislation": "uksi/2004/1861",
  "legislation_title": "The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004",
  "legislation_url": "https://openlegislation.uk/employment-tribunals-constitution-and-rules-of-procedure-regulations-2004",
  "path": "regulation/20",
  "kind": "regulation",
  "number": "20",
  "heading": "Transitional provisions",
  "text": "(1) These Regulations and Schedules 1 to 5 to them shall apply in relation to all proceedings to which they relate where those proceedings were commenced on or after 1 October 2004.\n(2) These Regulations and Schedules 1 and 2 to them (with the exception of rules 1 to 3 and 38 to 48 of Schedule 1) shall apply to proceedings:—\n(a) which were commenced prior to 1 October 2004; and\n(b) to which Schedule 1 to either the old (England & Wales) regulations or the old (Scotland) regulations applied;\nprovided that a copy of the originating application was not sent to the respondent prior to 1 October 2004.\n(3) In relation to the proceedings described in paragraph (2), the following provisions of Schedule 1 to the old (England & Wales) regulations or the old (Scotland) regulations (as the case may be) shall continue to apply:—\n(a) rule 1 (originating application);\n(b) rule 2 (action upon receipt of originating application) with the exception of paragraphs (2), (4) and (5) of that rule; and\n(c) rule 14 (costs).\n(4) In relation to proceedings described in paragraph (2) but where a copy of the originating application was sent to the respondent prior to 1 October 2004, Schedules 1 and 2 to these Regulations shall apply with the exception of rules 1 to 9, 21 to 24, 33 and 38 to 48 of Schedule 1 and rules 2, 3 and 4 of Schedule 2.\n(5) In relation to proceedings described in paragraph (4), the following provisions of the old (England & Wales) regulations or the old (Scotland) regulations (as the case may be) shall continue to apply:—\n(a) in Schedule 1:–\n(i) rule 1 (originating application);\n(ii) rule 2 (action upon receipt of originating application) with the exception of paragraphs (2), (4) and (5) of that rule;\n(iii) rule 3 (appearance by respondent);\n(iv) rule 8 (national security);\n(v) rule 14 (costs); and\n(b) rule 1 of Schedule 2.\n(6) In relation to proceedings commenced prior to 1 October 2004 and to which Schedule 4, 5 or 6 to the old (England & Wales) regulations or the old (Scotland) regulations (as the case may be) applied, the provisions of those schedules shall continue to apply to such proceedings.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2004/2351",
      "affecting_title": "The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2004"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2004/2351",
      "affecting_title": "The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2004"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/1861/regulation/20",
    "retrieved_at": "2026-10-29T05:22:25.818339+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}