Citation and commencement

1.–(1) This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Employment Tribunals Act 1996) 2009 and comes into force on 1st April 2009.

(2) This Act of Sederunt is to be inserted in the Books of Sederunt.

Employment Tribunals Act 1996: recovery of sums payable under compromises

2.–(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(3) is amended in accordance with subparagraph .

(2) After Part XXXVI (UK Borders Act 2007)(4), insert-

"PART XXXVII EMPLOYMENT TRIBUNALS ACT 1996

Conciliation: recovery of sums payable under compromises

3.37.1.–(1) An application to the sheriff for a declaration under section 19A(4) of the Employment Tribunals Act 1996 shall be made not later than 42 days from the date of issue of the certificate stating that a compromise has been reached.

(2) An application to the sheriff for a declaration under section 19A(4) of that Act is pending for the purposes of subsection (7) of that section from the date on which it is lodged with the sheriff clerk until the date upon which final judgment on the application has been extracted.".

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 to insert a new Part XXXVII into Chapter 3 which provides rules for an application to the sheriff for a declaration under section 19A of the Employment Tribunals Act 1996 in relation to recovery of sums payable under compromises.

Rule 3.37.1 provides, at paragraph (1), for the time within which an application to the sheriff for a declaration is to be made and, at paragraph (2), for the period during which such an application is pending for the purposes of section 19A(7).