The Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2012
S.R. 2012/301 · Made 26 July 2012
Employment
Made 26th July 2012
Coming into operation 27th September 2012
Whereas:
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—
Article 112G(1) or Article 112H(1)(b) of the Employment Rights (Northern Ireland) Order 1996f2 (flexible working);
Part XI of that Order (unfair dismissal);
any statutory provision specified in an order made by the Department for Employment and Learningf3 (“the Department”);
The Department has made the Labour Relations Agency Arbitration Scheme (Jurisdiction) Order (Northern Ireland) 2012f4 specifying certain statutory provisions;
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;
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);
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
- f5
- f6
-
See S.R. 1999 No. 481 Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999
Contents
- 1Citation and commencement
- 2Interpretation
- 3Revocations and savings
- 4Commencement of the Scheme
- 5Application of Part I of the Arbitration Act 1996
- 6Application of Terms of Reference
- Signature
- Schedule: The Labour Relations Agency Arbitration Scheme
- Part I: Introduction
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part II: The role of the LRA
- 5Paragraph 5
- 6Routing of communications
- 7Routing of communications
- Part III: Terms and abbreviations
- 8Paragraph 8
- 9Paragraph 9
- Part IV: Arbitrator’s Terms of Reference
- 10Paragraph 10
- Part V: Scope of the Scheme
- 11Cases that are covered by the Scheme
- 12Cases that are covered by the Scheme
- 13Cases that are covered by the Scheme
- 14Waiver of jurisdictional issues
- 15Waiver of jurisdictional issues
- 16Waiver of jurisdictional issues
- Part VI: Access to the Scheme
- 17Paragraph 17
- 18Requirements for entry into the Scheme
- 19Requirements for entry into the Scheme
- 20Requirements for entry into the Scheme
- 21Notification to the LRA of an Arbitration Agreement
- 22Notification to the LRA of an Arbitration Agreement
- 23Notification to the LRA of an Arbitration Agreement
- 24Notification to the LRA of an Arbitration Agreement
- 25Consolidation of proceedings
- Part VII: Settlement and withdrawal from the Scheme
- 26Withdrawal by the claimant
- 27Withdrawal by the respondent
- 28Settlement
- 29Settlement
- 30Settlement
- 31Settlement
- Part VIII: Appointment of arbitrators
- 32The LRA Arbitration Panel
- 33Appointment to a case
- 34Appointment to a case
- 35Arbitrators’ duty of disclosure
- 36Arbitrators’ duty of disclosure
- 37Removal of an arbitrator
- 38Removal of an arbitrator
- 39Removal of an arbitrator
- 40Removal of an arbitrator
- 41Removal of an arbitrator
- 42Death of an arbitrator
- 43Replacement of an arbitrator
- 44Replacement of an arbitrator
- Part IX: General duty of the arbitrator
- 45Paragraph 45
- 46Paragraph 46
- Part X: General duty of the parties
- 47Paragraph 47
- Part XI: Confidentiality and privacy
- 48Paragraph 48
- 49Paragraph 49
- Part XII: Arrangements for the hearing
- 50Initial arrangements
- 51Initial arrangements
- 52Initial arrangements
- 53Initial arrangements
- 54Expedited hearings
- 55Venue
- 56Assistance
- 57Travelling expenses or loss of earnings
- 58Travelling expenses or loss of earnings
- 59Applications for postponements of initial hearings
- 60Applications for postponements of initial hearings
- 61Applications for postponements of initial hearings
- Part XIII: Non-compliance with procedure
- 62Paragraph 62
- Part XIV: Outline of procedure before the hearing
- 63Paragraph 63
- 64Written materials
- 65Written materials
- 66Written materials
- 67Written materials
- 68Written materials
- 69Submissions, evidence and witnesses not previously notified
- 70Submissions, evidence and witnesses not previously notified
- 71Requests for documents
- 72Requests for attendance of witnesses
- 73Preliminary hearings and directions
- 74Preliminary hearings and directions
- Part XV: Outline of procedure at the hearing
- 75Arbitrator’s overall discretion
- 76Administration
- 77Witnesses
- 78Examination by the arbitrator
- 79Representatives
- 80Strict rules of evidence
- 81Interim relief
- 82Non-attendance at the hearing
- 83Non-attendance at the hearing
- 84Post-hearing written materials
- Part XVI: Questions of EC Law and the Human Rights Act 1998
- 85Appointment of legal adviser
- 86Appointment of legal adviser
- 87Appointment of legal adviser
- 88Appointment of legal adviser
- 89Court determination of preliminary points
- Part XVII: Awards
- 90Form of the award
- 91Form of the award
- 92Awards on different issues
- 93Awards on different issues
- 94Awards on different issues
- 95Remedies
- 96Remedies
- Part XVIII: Issue of awards and confidentiality
- 97Paragraph 97
- 98Paragraph 98
- Part XIX: Correction of Awards
- 99Scrutiny of awards by the LRA
- 100Correction by the arbitrator
- 101Correction by the arbitrator
- 102Correction by the arbitrator
- 103Correction by the arbitrator
- 104Correction by the arbitrator
- 105Correction by the arbitrator
- Part XX: Effect of awards, enforcement and interest
- 106Effect of awards
- 107Effect of awards
- 108Enforcement
- 109Interest
- Part XXI: Challenging the award
- 110Challenges on grounds of substantive jurisdiction
- 111Challenging the award: serious irregularity
- 112Appeals on questions of EC law and the Human Rights Act 1998
- 113Time limits and other procedural restrictions on challenges to awards
- 114Common law challenges and saving
- 115Challenge or appeal: effect of order of the court
- Part XXII: Loss of right to object
- 116Paragraph 116
- Part XXIII: Immunity
- 117Paragraph 117
- 118Paragraph 118
- Part XXIV: Miscellaneous provisions
- 119Requirements in connection with legal proceedings
- 120Service of documents and notices to the LRA
- 121Service of documents or notices on any other person or entity (other than the LRA)
- 122Service of documents or notices on any other person or entity (other than the LRA)
- 123Powers of court in relation to service of documents
- 124Reckoning periods of time
- Part XXV: Territorial operation of the Scheme
- 125Territorial application
- Schedule Appendix AForm for entry into the Scheme
- Schedule Appendix BProvisions of the Arbitration Act 1996 to which modifications apply
- Schedule Appendix CProvisions of the Equal Pay Act (Northern Ireland) 1970 reproduced for the purposes of the Scheme
- Explanatory note