Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 2002
2002 No. 2972 (S. 12)
EMPLOYMENT TRIBUNALS, SCOTLAND
The Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 2002
Made 2nd December 2002
Laid before Parliament 3rd December 2002
Coming into force 24th December 2002
The Secretary of State, in exercise of the power conferred on her by section 18(1)(a) of, and paragraphs 2(2) and 4(1) of Schedule 6 to, the Civil Jurisdiction and Judgments Act 19821and by section 7(1) of the Employment Tribunals Act 19962(as extended by section 12 and section 48(1) of the Civil Jurisdiction and Judgments Act 19823), and after consultation with the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 19924, hereby makes the following Regulations:—
Citation, commencement and revocation
1.—(1) These Regulations may be cited as the Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 2002 and shall come into force on 24th December 2002.
(2) The Employment Tribunals (Enforcement of Orders under the Civil Jurisdiction and Judgments Act 1982) (Scotland) Regulations 19955are hereby revoked.
Interpretation
2. In these Regulations—
“the Act of 1982” means the Civil Jurisdiction and Judgments Act 1982;
“Contracting State” has the meaning assigned in section 1(3)6of the Act of 1982;
“Office of the Tribunals” means the Central Office of the Employment Tribunals (Scotland);
“order” means an order for the payment of one or more sums of money contained in a decision of an employment tribunal in Scotland;
“Register” means the register of applications, appeals and decisions kept in pursuance of regulation 12 of the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 20017,
“Regulation State” has the meaning assigned in section 1(3) of the Act of 1982; and
“Secretary” means the person for the time being appointed to act as the Secretary of the Office of the Tribunals.
Recognition or enforcement of tribunal decisions in another Contracting State
3.—(1) An interested party who wishes to secure the recognition or enforcement, in another Contracting State, of an order, may apply for—
(a)
(a) a copy of the decision of the tribunal containing that order; and
(b)
(b) a certificate giving particulars relating to the decision and the proceedings in which it was given;
in accordance with paragraph (2).
(2) The application shall be in writing and shall state—
(a)
(a) the names of the parties to the proceedings in which the decision was given and, if known by the person applying, the case number of the originating application which relates to those proceedings;
(b)
(b) the date shown on the decision as being the date it was sent to the parties;
(c)
(c) if known by the person applying, whether enforcement of the order has been stayed or suspended; and
(d)
(d) that the application is made in pursuance of a wish on the part of the person applying to secure the recognition or enforcement of the order in another Contracting State.
(3) The application shall be presented to the Secretary at the Office of the Tribunals.
(4) If the Secretary is of the opinion that he is unable to issue a certificate under this regulation unless he is given further information, he shall, in writing, notify the person applying of that fact, specifying what further information is required.
(5) Subject to paragraph (4), upon receiving an application which satisfies the requirements of this regulation, the Secretary shall issue to the person applying—
(a)
(a) a certificate in the Form set out in Schedule 1, or in a form substantially to the same effect, with such variation as circumstances may require; and
(b)
(b) a copy of the decision as it appears on the Register.
Recognition or enforcement of tribunal decisions in another Regulation State
4.—(1) An interested party who wishes to secure recognition or apply for a declaration of enforceability of an order in another Regulation State may apply for—
(a)
(a) a copy of the decision of the tribunal containing that order; and
(b)
(b) a certificate giving particulars relating to the decision and the proceedings in which it was given;
in accordance with paragraph (2).
(2) The application shall be in writing and shall state—
(a)
(a) the names of the parties to the proceedings in which the decision containing the order was given and, if known by the person applying, the case number of the originating application which relates to those proceedings; and
(b)
(b) the date shown on the decision as being the date it was sent to the parties.
(3) The application shall be presented to the Secretary at the Office of the Tribunals.
(4) If the Secretary is of the opinion that he is unable to issue a certificate under this regulation unless he is given further information, he shall, in...
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