HEALTH AND SAFETY AT WORK, ETC., ACT 1977 HEALTH AND SAFETY (IMPROVEMENT AND PROHIBITION NOTICES AND LICENCES APPEALS TO INDUSTRIAL TRIBUNAL) RULES 1981 In exercise of the powers conferred on the Isle of Man Local Government Board by section 82A of the Health and Safety at Work etc. Act 1974 (a) (an Act of Parliament) as it has effect in the Island by virtue of an order made under section I of the Health and Safety at Work, Etc., Act 1977 (b) and all other powers enabling it in that behalf, the following Rules are hereby made.- ci tation, cons truction and couunencement I. (I) These Rules may be cited as the Health and Safety (I!Ilpn1vement and Prohibition Notices and Licences Appeals to Industrial Tribunal) Rules 1981 and shall be construed as one with the Health and Safety at Work etc. Act and Enforcing Authority (Application) Order 1980. (2) These Regulations shall come into operation On the 1st January 1982. Interpretation 2. In these Rules - "appellant" means a person who has appealed to the Industrial Tribunal under section 24 or section 44 of the 1974 Act; "Board" means the Isle of Man Local Government Board; "the Chairman" means the Chairman of the Industrial Tribunal; "decision" in relation to the Industrial Tribunal includes a direction under Rule 6 and any other order which is not an int"rlo cutory order; "hearing" means a sitting of the Industrial Tribunal duly constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything lawfully requisite to enable the said Tribunal to reach a decision on 2ny question; "improvement notice" means a notice under section 2 I of the 1974 Act; "inspector" means a person appointed under section 19(1) of the I 974 Act; "licence" means a licence under any of the relevant statutory provisions of the 1974 Act; "party" means the appellant or the respondent; "prohibition notice" means a notice under.<ection 22 of the 1974 Act;
-2- "Register" means the Register cof applications and decisions kept in pursuance of the Health and Safety (Improvement and Prohibition Notices and Licences Appeals to Industrial Tribunal) Regulations 1981 ; "respondent" means the inspector "ho issued the improvement notice or prohibition notice or the authority or inspector ~o issued the licence "hich is the ~ubject of the appeal; "Rule" means a Rule of Procedure contained in these Rules; "the Secre tary of the Indus trial Tribunal" means the person appointed by the Board to act as the Secretary of the Industrial Tribunal; "Indus trial Tribunal" means the Indus trial Tribunal cons ti tuted under section 10(1) of the 1974 Act. Notice of Appeal 3. An appeal shall be commenced by the appellant sending to the Secretary of the Industri~l Tribunal a notice of appeal which shall be in writing and shall set out (~) the name of the appellant and his address for the service of documents; (b) (d) (e) the date of the improvement notice or prohibition notice or licensing decision appealed against and the address of the premises or place concerned; the name and address of the respondent; particulars of the requirements, directions or decision appealed against; and the grounds of the appeal. Time limit for bringing afpeal 4..(1) Subject to paragraph (2), the notice of appeal shall be sent to the Secretary of the Industrial Tribunal "ithin 21 days from the date of the service on the appellant of the notice or decision appealed against. (2) The Tribunal may extend the time mentioned above "here it is satisfied on an application made in writing to the Secretary of the Industrial Tribunal either before or after the expiration of that time that it is not or "as not reasonably practicable for. an appeal to be brought within that time. Action upon receipt of notice of appeal 5. (I) Upon receiving a no tice of appeal the Secretary of the Indus trial Tribunal shall enter particulars of it in the Register and shall forthwith send a copy of it to the respondent, and inform the parties in writing of the case number of the appeal entered in the Register (which shall thereafter constitute the title of the proceedings) and of the address to which notices and other communications to the Secretary of the Industrial Tribunal shall be sent.
-3- (2) The Secretary of the Industrial Tribunal shall inform the Chairman of the appeal.,'." (3) Subject to regulation 3 of the Health and Safety (Improvement and Prohibition Notices and Licences Appeals to Industrial Tribunal) Regulations 1981 the Chairman shall choose one person from the panel of persons representative of employer~ and self employed persons and one person from the panel of persons representative of employees. (4) If the Chairman has an interest in the matter of the appeal he shall notify the Board and shall not be eligible to act as Chairman of that appeal. The Board shall appoint an alternative suitably qualified advocate to be the Chairman for the appeal. (5) The Chairman and the persons chosen by him in pursuance of paragraph (3) shall form the Tribunal for the appeal. Application for direction suspending the operation of a prohibition notice 6. (1) Where anq>peal has been brought against a prohibition notice and an application is made to the Indus trial Tri.bunal by the appellant in pursuance of section 24(3)(b) of the 1974 Act for a direction suspending the operation of the notice until the appeal is finally disposed of or withdrawn, the application shall be sent in writing to the Secretary of the Industrial Tribunal and shall set out - (a) the case number of the appeal if known to the appellant or particulars sufficient to identify the appeal; and (b) the grounds on which the application is made. (2) Upon receiving an application in accordance with paragraph (I), the Secretary" of the Industrial Tribunal shall enter particulars of it against the entry in the Register relating to the appeal and shall f0rthwith send a copy of it to the respondent. Power on aoplication to require attendance of witnesses and production of doctnnents etc. 7. (I) The Industrial Tribunal may on the application of a party m~de either by notice to the Secretary of the Industrial Tribunal or at the hearing (a) (b) require a party to furnish in Yriting to another party further p~rticulars of the grounds on which he relies and of any facts and contentions relevant thereto; grant to a party such discovery or inspection of documents as might be granted by a court; and require the attendance of any person as a witness or require the production of any document relating to the matter to be determined, and may appoint the time at or within which or the pl~ce act required in pursuance of this Rule is to be done. at which any
-4- (2) The Industrial Tribunal shall not, under paragraph (1), require the production of any document certified by the Governor in Council to be a document of which the production would be contrary to the interests of national security. (3) A person on whom a requirement has been made under paragraph (1) may apply to the Industrial Tribunal either by notice to the Secretary of the Industrial Tribunal or at the hearing to vary or set aside the requirement. (4) No such application to vary or set aside shall be entertained 1n a case where a time has been appointed under paragraph (1) in relation to the requirement unless it is made before that time or, as the case way be, before the expiration of the time so appointed. (5) Evpry document containing a requirement under paragraph (1).(b) or shall contain a reference to the fact that under Rule 19 any person who without reasonable excuse fails to comply with any such requirement shall be guilty of an offence and shall be liable on summary ccnviction to a fine not exceeding EIOO. Time and place of hearing and appointment of assessor 8. (1) The Chairman shall fix the date, time and place of the hearing of the appeal and of any application under Rule 6 and the Secretary of the Industrial Tribunal shall not less than 14 days (or such shorter time as may be agreed by him with the parties) before the date so fixed send to each party a notice of hearing which shall include information and guidance as to attendance at the hearing,,,itnesses and the bringing of documents (if any), representation by another person and written representations. (2) Where the Chairman so directs, the Secretary of the Industrial Tribunal shall also send notice of the hearing to such person~ as may be directed, but the requirement as to the period of notice contained in paragraph (1) shall not apply to any such notices. (3) The Chairman may, if he thinks fit, appoint in pursuance of section 24(4) of the 1974 Act a person or persons having special knowledge or experience in rel~tion to the sulject matter of the appeal to sit with the Industrial Tribunal as assessor or assessors, and shall on the application of a party to the app~al appoint in pursuance of section 44(7A) of the 1974 Act such a person or persons. The hearing 9. (1) Any hearing of or in connection with an appeal shall take place in public unless the Industrial Tribunal in accor~ance with the provisions of section 82A(3)(b) of the 1974 Act decides that a private hearing is appropriate. (2) In cases 1n which the Tribunal decides that a private hearing is appropriate, a member of Tynwald, in his capacity as such, shall be entitled to attend the hearing..
.~ ::... ~~:... -5- (3) The Secretary of the Industrial Tribunal shall cause an announcement of each hearing to be made in two Island newspapers prior to the heari ng. Written representations 10. If a party shall desire to submit representations in wr~t~ng for consideration by the Industrial Tribunal at the hearing of an appeal, that party shall send such representations to the Secretary of the Industrial Tribunal not less than 7 days before the hearing and shall at the same time send a copy of it to the other party. Right of appearance II. At any hearing of or in connection with an appeal a party may appear before the Tribunal in person and may be represented by an advocate or by any other person whom he desires to represent him, including in the case of the appellant a representative of a trade union or an employers ' association. Procedure at -hearing 12. (I) The determination determine. procedure in connection with the consideration and of the appeal shall be such as the Industrial Tribunal shall (2) If a party shall fail to appear or to be represented at the time and pjace fixed for the hearing of an appeal, the Industrial Tribunal may dispose of the appeal in the absence of that party or may adjourn the hearing to a later date: provided that before disposing of an appe~l ~n the absence of a party the Tribunal shall consider any written representations submitted by that party in pursuance of Rule 10. Decision of Tribunal 13. (I) The decision of the Industrial Tribunal shall be that of the majority. (2) The decision of the Tribunal shall be in writing and signed by the Chairman and the reasons for the decision shall be recorded in the Register. (3) The Secretary of the Industrial Tribunal shall as SOon as may be practical send a copy of the decision to each of the parties. (4) The specification of the t:easons for the decision shall be omitted from the Register in any case in which evidence has been heard in private and the Industrial Tribunal so directs and in that event a specification of the reasons shall be sent to the parties and to any superior court in any proceedings relating to such decision together with the copy of the entry. (5) The register shall be kept at the office of the Board and shall be open to the inspection of any person without charge at all reasonable hours.
-6- (6) The Chairman of the Industrial Tribunal shall have power by certificate under his hand to correct in documents recording the Tribunals' decisions (including the Register) clerical. mistakes or errors arising therein from any accidental slip or omission. (7) The Secretary of the Industrial Tribunal shall as soon as may be practical send a copy of the correc~ed entry or of the corrected specification of the reasons, as the case may be, to each of the parties. (8) If any decision is (a) (b) corrected under paragraph (6) ; or reviewed, revoked or varied under Rule 14; or a1 tered in any way by order of a superior court. the Secretary of the Industrial Tribunal shall alter the entry in the Register to conform with any such certificate of order and shall send a copy of the new entry to each of the parties. Review of Tribunal's decision 14. (I) The Industrial Tribunal shall have power on the application of a party to review and to revoke or vary by certificate under the Chairman's hand any of its decisions in a case in which the interests of justice require such a review. (2) An application for the purposes of paragraph (I) may be made at the hearing. If the application is not mad e at the hearing, such application shall be made to the Secretary of the Industr~al Tribunal within 14 days from the date of the entry of a decision in the Register and must be in writing stating the grounds in full. (3) An application for the purposes of paragraph (I) may be refused by the Chairman of the Tribunal if in his opinion it has no reasonable prospect of success and he shall state the reasons for his opinion. (4) If such an application is not refused under paragraph (3), it shall be heard by the Industrial Tribunal and if it is granted the Tribunal shall eit~er vary its decision or revoke its decision and order are-hearing (5) The Secretary of the Industrial Tribunal shall as soon as may be make such correction as may be necessary in the Register and shall send a copy of the ectry to each of the parties. CC05 t 15. (I) The Tribunal may make an order that a party shall pay to another party either a specified su~ in respect of the costs of or in connection with an appeal incurred by that other party or, in default of agreement, the taxed amount of those costs. (2) Any costs required by an order under this Rule to be taxed may with the conse~t of the Chief Registrar be taxed by the Chief Registrar.
-7- Miscellaneous powers of Tribunal 16. (1) The Industrial Tribunal may, if it thinks fit (a) postpone the day or time fixed for, or adjourn, any hearing; (b) before granting an application under Rule 7 or 14 require the party making the application to give notice thereof to the other party; (d) (e) (f) (g) either on the application of any person or of its own motion, direct any other person to bp joined as a party to the appeal (giving such consequential directions as it considers necessary), but may do so only after having given to the person proposed to be joined a reasonable opportunity of making ~itten or oral obj ection ; make any necessary amendments to the description of a party in the Register and in other documents relating to the appeal; if the appellant shall at any time give notice of the abandonment of his appeal, dismiss the appeal; if the parties agree in writing upon the terms of a decision to be made by the Tribunal, decide accordingly; visit the site concerned with the appeal. (2) Any act, other than the hearing of an appeal or of ar. application for the purposes of Rule 6 or 14(1) or the granting of an extension of time under Rule 4(2), required or authorised by these Rules to be done by the Industrial Tribunal may be done by, or on the direction of, the Chairman of the Tribunal. (3) Rule 15 shall apply to an order dismissing proceedings under paragraph ' (1) of this Rule. Notices etc. 17. (1) Any notices given under these Rules shall be in writing and all notices and documents required or authorised by these Rules to be sent or given to any person hereinafter mentioned may be sent by the postal recorded delivery service (SUbject to paragraph (4)) or delivered to or at (a) (b) in the case of a document directed to the Secretary of the Industrial Tribunal, the office of the Isle of Man Local Government Board or such office as may be notified by the Secretury of the Indestrial Tribunal to the parties; in the case of a document directed to a party, his address for service specified in the notice of appeal or in a notice under paragraph (2) or (if no address for service is so specified), his last known address or place of business in the Island, or, if the party is a corporation, the corporation's registered or principal office;
-8- in the case of a document directed to any person (other than a person specified in the foregoing provisions of this paragraph), his address or place of business in the Island, or if such a person is a corporation, the corporation's registered or principal office; and if sent or given to the authorised representative of a party shall be deemed to have been sent or given to that party. (2) A party may at any time by notice to the Secretary of the Industrial Tribunal and to the other party change his address for service under these Rules. (3) Where for any sufficient reason service of any document or notice cannot be effected in the manner prescribed under this Rule, the Chairman may make an order for substituted service in such manner as he may deem fit and such service shall have the same effect as service in the manner prescribed under lhis Rule. (4) In the case of an appeal to ~hich the respondent is an inspector appointed othe~ise than by the Isle of Man Locat Gover~ent Board, the Secretary of the Industrial Tribunal shall inform the Board and its Factory and Safety Inspector of the appeal and of the decision of the Tribunal on the appeal. Proof of decisions of Tribunal 18. The production in any proceedings in any court of a document purporting to be certified by the Secretary of the Industrial Tribunal to be a true copy of an entry of a decision in the Register shall, unless the contrary is proved, be sufficient evidence of the document and of the facts stated therein. Penalty '9. A person ~ho without reasonable excuse fails to comply ~ith the reouirements under Rule 7(1)(b) or s hall be guilty of an offence and shall be liable on summary convi ction to ~ fine not exceeding fioo. The Common Seal of the Isle of Man Local Government Board was hereon affrxed this 18th day of September 1981, in pursuance of a Resolution for this purpose duly passed at a meeting of the Board held on the 18th day of September 1981. ~/-1' t:2_ J -...--. rman. These Rules were laid before Tynwald on 13th October 1981.
-9- EXPLANATORY NOTE (This note does not form part of the Rules) These rules prescribe the procedure to be adopted yith regard to appeals against improvement and prohibition notices and licences to the Industrial Tribunal, constituted under section 10(1) of the Health and Safety at Work etc. Act 1974 in pursuance of sections 24 and 44 of the Act.