Citation and commencement

1. These Regulations may be cited as the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations 2005 and shall come into force on 1st October 2005.

Amendment

2. —(1)The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004( 5 ) shall be amended as follows—

(2) In Regulation 1(1)(a), (b), (c), (d) (e) and (f) add “2004” after “Procedure”.

(3) In Regulation 2 —

(a) delete “(Scotland)” from the definition of “old (England & Wales) regulations”;

(b) insert “(Scotland)” before “Regulations” in the definition of “old (Scotland) regulations”.

(4) In Schedule 1—

(a) in rule 9(b) replace “rule 34(a), (b) or (e)” with “rule 34(3)(a), (b) or (e)”;

(b) in rule 10(5) delete “either”;

(c) in rule 17(1) replace “may be held in private” with “shall be held in private”;

(d) in rule 18(6) replace “order” in lines 2 and 4 with “orders”;

(e) in rule 22(4) insert “the day following” after “commences on” in the first line;

(f) in rule 22(5) insert “(e) regulations 13, 14(2) or 16(1) of the Working Time Regulations 1998c (right to paid annual leave).”;

(g) to rule 22(5)(e) add the footnote “(c) S.I.1998/1833 .”;

(h) in rule 30(3) replace “Subject to paragraph (1)” with “Where oral reasons have been provided”;

(i) in rules 38(2), 39(1) and 43(1) insert “or chairman” after “tribunal”;

(j) in rule 54(2)(a) insert “in relation to particular proceedings before it” after “do” and “in relation to particular Crown employment proceedings” between “done” and “under”.

(5) In Schedule 4, rule 10(2), replace “,expenses or remuneration” with “or expenses”.

(6) In Schedule 6—

(a) in rule 7(2) insert “conducted by a tribunal” before “composed”;

(b) in rule 7(4)(a) replace “Subject” with “subject”;

(c) in rule 7(6) delete “the” preceding “some”;

(d) in the Annex insert “8 weeks” into the column headed “Claims involving an independent expert” immediately above the words “Independent expert’s report”.