United Kingdom Statutory Instruments

(a) a notice of appeal in, or substantially in, accordance with Form 1, 1A or 2 in the Schedule to these rules;

(b) a copy of the decision or order of an employment tribunal or of the Certification Officer which is the subject of the appeal;

(c) in the case of an appeal from an employment tribunal, a copy of the extended written reasons for the decision or order of that tribunal; and

(d) in the case of an appeal made pursuant to regulation 38(8) of the 1999 Regulations from a declaration or order of the CAC, a copy of that declaration or order.

    (2) The appellant shall not be required by virtue of paragraph (1)(c) to serve on the Appeal Tribunal a copy of the extended written reasons for the decision or order of the employment tribunal in a national security appeal in relation to which - 

(a) the appellant was the applicant in the proceedings before the employment tribunal; and

(b) the extended written reasons were not sent to the appellant,

but if the appellant received a document containing some of the reasons for the employment tribunal's decision or order, he shall serve on the Appeal Tribunal a copy of that document.

    (3) The period within which an appeal to the Appeal Tribunal may be instituted is - 

(a) 42 days from the date on which extended written reasons for the decision or order of the employment tribunal were sent to the appellant;

(b) in the case of a national security appeal in relation to which the appellant was the applicant in the proceedings before the employment tribunal, 42 days from the date on which the document containing some of the reasons for the decision or order was sent to the appellant, or if no reasons were disclosed to the appellant, 42 days from the date on which a copy of the decision or order was sent to the appellant;

(c) in the case of an appeal from a decision of the Certification Officer, 42 days from the date on which the written record of that decision was sent to the appellant;

(d) in the case of an appeal from a declaration or order of the CAC under regulation 38(8) of the 1999 Regulations, 42 days from the date on which the written notification of that declaration or order was sent to the appellant.

    (4) In the case of a national security appeal, the appellant shall not set out the grounds of appeal in his notice of appeal and shall not append to his notice of appeal the extended written reasons for the decision or order of the tribunal.

    (5) In a national security appeal in relation to which the appellant was the respondent in the proceedings before the employment tribunal, the appellant shall, within the period described in paragraph (3)(a), provide to the Appeal Tribunal a document setting out the grounds on which the appeal is brought.

    (6) In a national security appeal in relation to which the appellant was the applicant in the proceedings before the employment tribunal - 

(a) the appellant may, within the period described in paragraph (3)(b), provide to the Appeal Tribunal a document setting out the grounds on which the appeal is brought; and

(b) a special advocate appointed in respect of the appellant may, within the period described in paragraph 3(b), or within 21 days of his appointment, whichever is later, provide to the Appeal Tribunal a document setting out the grounds on which the appeal is brought or providing supplementary grounds of appeal.

    (7) Where it appears to the Registrar that the grounds of appeal stated in the notice of appeal, or in the document provided under paragraph (5) or (6), do not give the Appeal Tribunal jurisdiction to entertain the appeal, he shall notify the appellant or the special advocate accordingly informing him of the reasons for the opinion and, subject to paragraphs (8) and (10), no further action shall be taken on the appeal.

    (8) Where notification has been given under paragraph (7), the appellant or the special advocate, as the case may be, may serve a fresh notice of appeal, or a fresh document under paragraph (5) or (6), within the time remaining under paragraph (3) or (6) or within 28 days from the date on which the Registrar's notification was sent to him, whichever is the longer period.

    (9) Where the appellant or the special advocate serves a fresh notice of appeal or a fresh document under paragraph (8), the Registrar shall consider such fresh notice of appeal or document with regard to jurisdiction as though it were an original notice of appeal lodged pursuant to paragraphs (1) and (3), or as though it were an original document provided pursuant to paragraph (5) or (6), as the case may be.

    (10) Where an appellant or a special advocate expresses dissatisfaction in writing with the reasons given by the Registrar, under paragraph (7), for his opinion that the grounds of appeal stated in a notice, or provided in a document under paragraph (5) or (6), do not give the Appeal Tribunal jurisdiction to entertain the appeal, the Registrar shall place the papers before the President or a judge for his direction as to whether any further action should be taken on the appeal.".

" (c) in the case of an appeal made pursuant to regulation 38(8) of the 1999 Regulations from a declaration or order of the CAC, the parties (other than the appellant) to the proceedings before the CAC".

(i) after the words "resist an appeal shall,", insert the words "subject to paragraph (6), and";

(ii) after the words "rule 5(a)", insert the words "or 5(c)";

(iii) for the words "or the Certification Officer", substitute the words ", the Certification Officer or the CAC"; and

(iv) after the word "decision", insert the word ", declaration";

(b) in paragraph (3), after the words "cross-appeal may,", insert the words "subject to paragraph (6),"; and

(c) after paragraph (5), insert - 

(a) the respondent may, within the time appointed under paragraph (1) provide to the Registrar a document, setting out the grounds on which he intends to resist the appeal, and may include in that document a statement of the grounds of any cross-appeal; and

(b) a special advocate appointed in respect of the respondent may, within the time appointed under paragraph (1), or within 21 days of his appointment, whichever is the later, provide to the Registrar a document, setting out the grounds, or the supplementary grounds, on which the respondent intends to resist the appeal, and may include in that document a statement of the grounds, or the supplementary grounds, of any cross-appeal.

    (9) In a national security appeal, if the respondent, or any special advocate appointed in respect of a respondent, provides in the document containing grounds for resisting an appeal a statement of grounds of cross-appeal and the appellant wishes to resist the cross-appeal - 

(a) where the appellant was not the applicant in the proceedings before the employment tribunal, the appellant shall within a time to be appointed by the Appeal Tribunal deliver to the Tribunal a reply in writing setting out the grounds on which he relies; and

(b) where the appellant was the applicant in the proceedings before the employment tribunal, the appellant, or any special advocate appointed in respect of him, may within a time to be appointed by the Appeal Tribunal deliver to the Tribunal a reply in writing setting out the grounds on which the appellant relies.

    (10) Any document provided under paragraph (7) or (9)(a) shall be treated by the Registrar in accordance with rule 4(2), as though it were a document received under rule 3(5).

    (11) Any document provided under paragraph (8) or (9)(b) shall be treated by the Registrar in accordance with rule 4(3), as though it were a document received under rule 3(6)(a) or (b)."

     " ; or

(e) the Chairman of the CAC in the case of an appeal from a declaration or order of, or arising in any proceedings before, the CAC under regulation 38(8) of the 1999 Regulations".

(a) a Minister has at any stage issued a direction under rule 30A(1)(b) or (c) (exclusion of a party or his representative), or the Appeal Tribunal has at any stage made an order under rule 30A(2)(a) read with rule 30A(1)(b) or (c); and

(b) the Appeal Tribunal is considering whether to impose, or has imposed, a requirement under paragraph (1) on any person, the Minister (whether or not he is a party to the proceedings) may make an application to the Appeal Tribunal objecting to the imposition of a requirement under paragraph (1) or, where a requirement has been imposed, an application to vary or set aside the requirement, as the case may be. The Appeal Tribunal shall hear and determine the Minister's application in private and the Minister shall be entitled to address the Appeal Tribunal thereon. The application shall be made by notice to the Registrar and the Registrar shall give notice of the application to each party.".

(i) for the words "rule 30", substitute the words "any direction of a Minister of the Crown under rule 30A(1)(a) or order of the Appeal Tribunal under rule 30A(2)(a) read with rule 30A(1)(a),"; and

(ii) for the words "paragraph 16 of Schedule 11", substitute the words "section 28 of the 1996 Act"; and

(b) for paragraph (2), substitute - 

(a) information which he could not disclose without contravening a prohibition imposed by or by virtue of any enactment;

(b) information which has been communicated to him in confidence or which he has otherwise obtained in consequence of the confidence reposed in him by another person; or

(c) information the disclosure of which would, for reasons other than its effect on negotiations with respect to any of the matters mentioned in section 178(2) of the 1992 Act, cause substantial injury to any undertaking of his or in which he works.".

(a) sit in private for all or part of particular Crown employment proceedings;

(b) exclude any party who was the applicant in the proceedings before the employment tribunal from all or part of particular Crown employment proceedings;

(c) exclude the representatives of any party who was the applicant in the proceedings before the employment tribunal from all or part of particular Crown employment proceedings;

(d) take steps to conceal the identity of a particular witness in particular Crown employment proceedings.

    (2) The Appeal Tribunal may, if it considers it expedient in the interests of national security, by order - 

(a) do anything of a kind which the Appeal Tribunal can be required to do by direction under paragraph (1) of this rule;

(b) direct any person to whom any document (including any decision or record of the proceedings) has been provided for the purposes of the proceedings not to disclose any such document or the content thereof - 


(i) to any excluded person;

(ii) in any case in which a direction has been given under paragraph (1)(a) or an order has been made under paragraph (2)(a) read with paragraph (1)(a), to any person excluded from all or part of the proceedings by virtue of such direction or order; or

(iii) in any case in which a Minister of the Crown has informed the Registrar in accordance with paragraph (3) that he wishes to address the Appeal Tribunal with a view to the Tribunal making an order under paragraph (2)(a) read with paragraph (1)(b) or (c), to any person who may be excluded from all or part of the proceedings by virtue of such an order, if an order is made, at any time before the Appeal Tribunal decides whether or not to make such an order;



(c) take steps to keep secret all or part of the reasons for any order it makes.

The Appeal Tribunal shall keep under review any order it makes under this paragraph.

    (3) In any proceedings in which a Minister of the Crown considers that it would be appropriate for the Appeal Tribunal to make an order as referred to in paragraph (2), he shall (whether or not he is a party to the proceedings) be entitled to appear before and to address the Appeal Tribunal thereon. The Minister shall inform the Registrar by notice that he wishes to address the Appeal Tribunal and the Registrar shall copy the notice to the parties.

    (4) In any proceedings in which there is an excluded person, the Appeal Tribunal shall inform the Attorney General or, in the case of an appeal from an employment tribunal in Scotland, the Advocate General for Scotland, of the proceedings before it with a view to the Attorney General (or, as the case may be, the Advocate General), if he thinks it fit to do so, appointing a special advocate to represent the interests of the person who was the applicant in the proceedings before the employment tribunal in respect of those parts of the proceedings from which - 

(a) any representative of his is excluded;

(b) both he and his representative are excluded; or

(c) he is excluded, where he does not have a representative.

" (c) in the case of an order imposing a penalty notice under regulation 20 or 21 of the 1999 Regulations, on the Secretary of State; or

(d) in the case of an order disposing of an appeal from the CAC made under regulation 38(8) of the 1999 Regulations, on the Chairman of the CAC"; and

(d) at the beginning of paragraph (2), insert the words "Subject to rule 31A,".

(a) direct the Appeal Tribunal that the document containing its reasons for any order or its reasoned judgment shall not be disclosed to any person who was excluded from all or part of the proceedings and to prepare a further document setting out the reasons for its order, or a further reasoned judgment, but with the omission of such reasons as are specified in the direction; or

(b) direct the Appeal Tribunal that the document containing its reasons for any order or its reasoned judgment shall not be disclosed to any person who was excluded from all or part of the proceedings, but that no further document setting out the Appeal Tribunal's reasons for its order or further reasoned judgment should be prepared.

    (4) Where the Minister has directed the Appeal Tribunal in accordance with paragraph (3)(a), the document prepared pursuant to that direction shall be marked in each place where an omission has been made. The document may then be given by the Registrar to the parties.

    (5) The Registrar shall send the document prepared pursuant to a direction of the Minister in accordance with paragraph (3)(a) and the full document without the omissions made pursuant to that direction - 

(a) to whichever of the appellant and the respondent was not the applicant in the proceedings before the employment tribunal;

(b) if he was not an excluded person, to the person who was the applicant in the proceedings before the employment tribunal and, if he was not an excluded person, to his representative;

(c) if applicable, to the special advocate; and

(d) where there are proceedings before a superior court relating to the order in question, to that court.

    (6) Where the Appeal Tribunal intends to take steps under rule 30A(2)(c) to keep secret all or part of the reasons for any order it makes, it shall send the full reasons for its order to the persons listed in sub-paragraphs (a) to (d) of paragraph (5), as appropriate.".