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The Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2012

S.R. 2012/301 · Made 26 July 2012

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Employment

Made 26th July 2012

Coming into operation 27th September 2012

Whereas:

(1)

Under Article 84A(1) of the Industrial Relations (Northern Ireland) Order 1992f1 (“the 1992 Order”) the Labour Relations Agency (“the Agency”) may prepare a scheme providing for arbitration in the case of disputes involving proceedings, or claims which could be the subject of proceedings, before an industrial tribunal under, or arising out of a contravention or alleged contravention of—

(a)

Article 112G(1) or Article 112H(1)(b) of the Employment Rights (Northern Ireland) Order 1996f2 (flexible working);

(b)

Part XI of that Order (unfair dismissal);

(c)

any statutory provision specified in an order made by the Department for Employment and Learningf3 (“the Department”);

(2)

The Department has made the Labour Relations Agency Arbitration Scheme (Jurisdiction) Order (Northern Ireland) 2012f4 specifying certain statutory provisions;

(3)

Under Article 89(1) of the Fair Employment and Treatment (Northern Ireland) Order 1998f5 (“the 1998 Order”) the Agency may prepare a scheme providing for arbitration in the case of disputes involving proceedings, or claims which could be the subject of proceedings, before the Fair Employment Tribunal for Northern Ireland;

(4)

In pursuance of Article 84A(1) of the 1992 Order and Article 89(1) of the 1998 Order, the Agency has prepared an arbitration scheme for cases referred to in paragraphs (1)(a) and (b), (2) and (3);

(5)

In pursuance of Article 84A(2) of the 1992 Order and Article 89(2) of the 1998 Order, the Agency has submitted a draft of the scheme to the Department which has approved the scheme:

Now, therefore, the Department, in exercise of the powers conferred by Article 84A(2), (6), (7) and (8) of the 1992 Order and Article 89(2) and (6) of the 1998 Order, and now vested in itf6, makes the following Order:

Annotations to the whole text

Footnotes

f1

S.I. 1992/807 (N.I. 5); Article 84A was inserted by Article 8 of the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8)) and amended by paragraph 3 of Schedule 2 to the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))

f2

S.I. 1996/1919 (N.I. 16); Articles 112G and 112H were inserted by Article 15 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))

f3

Formerly the Department of Higher and Further Education, Training and Employment; see 2001 c. 15 (N.I.)

f4

S.R. 2012 No. 302

f5

S.I. 1998/3162 (N.I. 21)

f6

See S.R. 1999 No. 481 Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Revocations and savings
  4. 4Commencement of the Scheme
  5. 5Application of Part I of the Arbitration Act 1996
  6. 6Application of Terms of Reference
  7. Signature
  8. Schedule: The Labour Relations Agency Arbitration Scheme
  9. Part I: Introduction
  10. 1Paragraph 1
  11. 2Paragraph 2
  12. 3Paragraph 3
  13. 4Paragraph 4
  14. Part II: The role of the LRA
  15. 5Paragraph 5
  16. 6Routing of communications
  17. 7Routing of communications
  18. Part III: Terms and abbreviations
  19. 8Paragraph 8
  20. 9Paragraph 9
  21. Part IV: Arbitrator’s Terms of Reference
  22. 10Paragraph 10
  23. Part V: Scope of the Scheme
  24. 11Cases that are covered by the Scheme
  25. 12Cases that are covered by the Scheme
  26. 13Cases that are covered by the Scheme
  27. 14Waiver of jurisdictional issues
  28. 15Waiver of jurisdictional issues
  29. 16Waiver of jurisdictional issues
  30. Part VI: Access to the Scheme
  31. 17Paragraph 17
  32. 18Requirements for entry into the Scheme
  33. 19Requirements for entry into the Scheme
  34. 20Requirements for entry into the Scheme
  35. 21Notification to the LRA of an Arbitration Agreement
  36. 22Notification to the LRA of an Arbitration Agreement
  37. 23Notification to the LRA of an Arbitration Agreement
  38. 24Notification to the LRA of an Arbitration Agreement
  39. 25Consolidation of proceedings
  40. Part VII: Settlement and withdrawal from the Scheme
  41. 26Withdrawal by the claimant
  42. 27Withdrawal by the respondent
  43. 28Settlement
  44. 29Settlement
  45. 30Settlement
  46. 31Settlement
  47. Part VIII: Appointment of arbitrators
  48. 32The LRA Arbitration Panel
  49. 33Appointment to a case
  50. 34Appointment to a case
  51. 35Arbitrators’ duty of disclosure
  52. 36Arbitrators’ duty of disclosure
  53. 37Removal of an arbitrator
  54. 38Removal of an arbitrator
  55. 39Removal of an arbitrator
  56. 40Removal of an arbitrator
  57. 41Removal of an arbitrator
  58. 42Death of an arbitrator
  59. 43Replacement of an arbitrator
  60. 44Replacement of an arbitrator
  61. Part IX: General duty of the arbitrator
  62. 45Paragraph 45
  63. 46Paragraph 46
  64. Part X: General duty of the parties
  65. 47Paragraph 47
  66. Part XI: Confidentiality and privacy
  67. 48Paragraph 48
  68. 49Paragraph 49
  69. Part XII: Arrangements for the hearing
  70. 50Initial arrangements
  71. 51Initial arrangements
  72. 52Initial arrangements
  73. 53Initial arrangements
  74. 54Expedited hearings
  75. 55Venue
  76. 56Assistance
  77. 57Travelling expenses or loss of earnings
  78. 58Travelling expenses or loss of earnings
  79. 59Applications for postponements of initial hearings
  80. 60Applications for postponements of initial hearings
  81. 61Applications for postponements of initial hearings
  82. Part XIII: Non-compliance with procedure
  83. 62Paragraph 62
  84. Part XIV: Outline of procedure before the hearing
  85. 63Paragraph 63
  86. 64Written materials
  87. 65Written materials
  88. 66Written materials
  89. 67Written materials
  90. 68Written materials
  91. 69Submissions, evidence and witnesses not previously notified
  92. 70Submissions, evidence and witnesses not previously notified
  93. 71Requests for documents
  94. 72Requests for attendance of witnesses
  95. 73Preliminary hearings and directions
  96. 74Preliminary hearings and directions
  97. Part XV: Outline of procedure at the hearing
  98. 75Arbitrator’s overall discretion
  99. 76Administration
  100. 77Witnesses
  101. 78Examination by the arbitrator
  102. 79Representatives
  103. 80Strict rules of evidence
  104. 81Interim relief
  105. 82Non-attendance at the hearing
  106. 83Non-attendance at the hearing
  107. 84Post-hearing written materials
  108. Part XVI: Questions of EC Law and the Human Rights Act 1998
  109. 85Appointment of legal adviser
  110. 86Appointment of legal adviser
  111. 87Appointment of legal adviser
  112. 88Appointment of legal adviser
  113. 89Court determination of preliminary points
  114. Part XVII: Awards
  115. 90Form of the award
  116. 91Form of the award
  117. 92Awards on different issues
  118. 93Awards on different issues
  119. 94Awards on different issues
  120. 95Remedies
  121. 96Remedies
  122. Part XVIII: Issue of awards and confidentiality
  123. 97Paragraph 97
  124. 98Paragraph 98
  125. Part XIX: Correction of Awards
  126. 99Scrutiny of awards by the LRA
  127. 100Correction by the arbitrator
  128. 101Correction by the arbitrator
  129. 102Correction by the arbitrator
  130. 103Correction by the arbitrator
  131. 104Correction by the arbitrator
  132. 105Correction by the arbitrator
  133. Part XX: Effect of awards, enforcement and interest
  134. 106Effect of awards
  135. 107Effect of awards
  136. 108Enforcement
  137. 109Interest
  138. Part XXI: Challenging the award
  139. 110Challenges on grounds of substantive jurisdiction
  140. 111Challenging the award: serious irregularity
  141. 112Appeals on questions of EC law and the Human Rights Act 1998
  142. 113Time limits and other procedural restrictions on challenges to awards
  143. 114Common law challenges and saving
  144. 115Challenge or appeal: effect of order of the court
  145. Part XXII: Loss of right to object
  146. 116Paragraph 116
  147. Part XXIII: Immunity
  148. 117Paragraph 117
  149. 118Paragraph 118
  150. Part XXIV: Miscellaneous provisions
  151. 119Requirements in connection with legal proceedings
  152. 120Service of documents and notices to the LRA
  153. 121Service of documents or notices on any other person or entity (other than the LRA)
  154. 122Service of documents or notices on any other person or entity (other than the LRA)
  155. 123Powers of court in relation to service of documents
  156. 124Reckoning periods of time
  157. Part XXV: Territorial operation of the Scheme
  158. 125Territorial application
  159. Schedule Appendix AForm for entry into the Scheme
  160. Schedule Appendix BProvisions of the Arbitration Act 1996 to which modifications apply
  161. Schedule Appendix CProvisions of the Equal Pay Act (Northern Ireland) 1970 reproduced for the purposes of the Scheme
  162. Explanatory note