When is the deadline for notice of appearance to a restriction of proceedings order application?
The catalogue records a 14 days period from Receipt of the sealed copy of the rule 13 application (an application by the Attorney General or Lord Advocate for a restriction of proceedings order under section 33 of the Employment Tribunals Act 1996). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 14 days
- Trigger
- Receipt of the sealed copy of the rule 13 application (an application by the Attorney General or Lord Advocate for a restriction of proceedings order under section 33 of the Employment Tribunals Act 1996)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
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- Rule 37(1) extension power applies. Failure engages rule 26, under which the EAT "may order that he be debarred from taking any further part in the proceedings, or may make such other order as it thinks just", but only after a reasonable opportunity to make representations (rule 26(3)).
- Unusually, the trigger is RECEIPT of the sealed application, not the date of sending. An affidavit in support is mandatory, not optional. Note ETA 1996 section 37(3): no appeal lies from an EAT decision refusing leave to bring proceedings to a person subject to a restriction of proceedings order.