{
  "url": "https://openlegislation.uk/industrial-tribunals-constitution-and-rules-of-procedure-regulations-1993/schedule-2/paragraph-4",
  "json_url": "https://openlegislation.uk/industrial-tribunals-constitution-and-rules-of-procedure-regulations-1993/schedule-2/paragraph-4.json",
  "legislation": "uksi/1993/2687",
  "legislation_title": "The Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993",
  "legislation_url": "https://openlegislation.uk/industrial-tribunals-constitution-and-rules-of-procedure-regulations-1993",
  "path": "schedule/2/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": "Power to require further particulars and attendance of witnesses and to grant discovery",
  "text": "(1) A tribunal may, on the application of a party made either by notice to the Secretary or at the hearing of the originating application, or of its own motion–\n(a) require a party to furnish in writing to the person specified by the tribunal further particulars of the grounds on which that party relies and of any facts and contentions relevant thereto,\n(b) require one party to grant to another such discovery or inspection (including the taking of copies) of documents as might be granted by a county court,\nand may appoint the time at or within which and the place at which any act required in pursuance of this rule is to be done.\n(2) A tribunal may, on the application of a party made either by notice to the Secretary or at the hearing of the originating application, or of its own motion–\n(a) require the attendance of any person, including a party, as a witness, wherever such person may be within Great Britain, and\n(b) if it does so require the attendance of a person, require him to produce any document relating to the matter to be determined,\nand may appoint the time and place at which the person is to attend and, where appropriate, the time at or within which and the place at which any such document is to be produced.\n(2A) Subject to paragraph (2B), a tribunal may, on the application of an expert who has been required by the tribunal to prepare a report–\n(a) require any person who the tribunal is satisfied may have information which may be relevant to the question or matter on which the expert is required to report to furnish, in writing, such information as the tribunal may require;\n(b) require any person to produce any documents which are in the possession, custody or power of that person and which the tribunal is satisfied may contain matter relevant to the question on which the expert is required to report;\nand any information so required to be furnished or document so required to be produced shall be furnished or produced, at or within such time as the tribunal may appoint, to the Secretary who shall send the information or document to the expert.\n(2B) A tribunal shall not make a requirement under paragraph (2A)–\n(a) of a concilation officer who has acted in connection with the complaint under section 64 of the 1975 Act, or\n(b) if it is satisfied that the person so required would have good grounds for refusing to comply with the requirement if it were a requirement made in connection with a hearing before the tribunal.\n(3) A tribunal may, on the application of a party made by notice to the Secretary or of its own motion, require a party in writing to furnish to the tribunal a written answer to any question if it considers–\n(a) that the answer of the party to that question may help to clarify any issue likely to arise for determination in the proceedings, and\n(b) that it would be likely to assist the progress of the proceedings for that answer to be available to the tribunal before the hearing,\nand may apoint the time within which the written answer is to be furnished. Upon the imposition of such a requirement, the Secretary shall send a copy of the requirement to each other party; and he shall send a copy of the answer to each other party.\n(4) The tribunal shall take account of a written answer furnished pursuant to paragraph (3) in the same way as it takes account of representations in writing presented by a party pursuant to rule 8(5).\n(5) Where a requirement has been imposed under paragraph (1), (2) or (3)–\n(a) on a party in his absence; or\n(b) on a person other than a party,\nthat party or person may make an application to the tribunal to vary or set aside the requirement by notice to the Secretary given before the time at which or, as the case may be, the expiration of the time within which the requirement is to be complied with; and the Secretary shall give notice of the application to each party or, where applicable, to each party other than the party making the application.\n(5A) A person, whether or not a party, upon whom a requirement has been made under paragraph (2A), may apply to the tribunal by notice to the Secretary before the appointed time at or within which the requirement is to be complied with to vary or set aside the requirement. Notice of such application shall be given to the parties and to the expert upon whose application the requirement was made.\n(6) Every document containing a requirement imposed under paragraph (1)(b), (2) or (2A) shall contain a reference to the fact that, under paragraph 1(7) of Schedule 9 to the 1978 Act, any person who without reasonable excuse fails to comply with any such requirement shall be liable on summary conviction to a fine, and the document shall state the amount of the current maximum fine.\n(7) If a requirement under paragraph (1) or (3) is not complied with, a tribunal, before or at the hearing, may strike out the whole or part of the originating application, or, as the case may be, of the notice of appearance, and, where appropriate, direct that a respondent shall be debarred from defending altogether: but a tribunal shall not so strike out or direct unless it has sent notice to the party who has not complied with the requirement giving him an opportunity to show cause why the tribunal should not do so.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "replaced (by rules 8A(1)-(10E))",
      "affecting": "uksi/1996/1757",
      "affecting_title": "The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1996/1757",
      "affecting_title": "The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1996"
    },
    {
      "type": "rev.in Pt.",
      "affecting": "uksi/1996/1757",
      "affecting_title": "The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1996"
    },
    {
      "type": "added",
      "affecting": "uksi/1996/1757",
      "affecting_title": "The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1996/1757",
      "affecting_title": "The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1996/1757",
      "affecting_title": "The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1996/1757",
      "affecting_title": "The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1996/1757",
      "affecting_title": "The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1996/1757",
      "affecting_title": "The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1996"
    },
    {
      "type": "rev.in pt.",
      "affecting": "uksi/1996/1757",
      "affecting_title": "The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1996/1757",
      "affecting_title": "The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1996"
    },
    {
      "type": "added",
      "affecting": "uksi/1996/1757",
      "affecting_title": "The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1996/1757",
      "affecting_title": "The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1996"
    },
    {
      "type": "added",
      "affecting": "uksi/1996/1757",
      "affecting_title": "The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1994/536",
      "affecting_title": "The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1994"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1993/2687/schedule/2/paragraph/4",
    "retrieved_at": "2026-10-29T13:48:02.437327+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."
}