INDUSTRIAL TRIBUNALS Citation, commencement and interpretation 1 1 These Regulations may be cited as the Industrial Tribunals (Interest on Awards in Sex and Disability Discrimination Cases) Regulations (Northern Ireland) 1996 and shall come into operation on 26th January 1997. 2 In these Regulations— “the 1970 Act ” means the Equal Pay (Northern Ireland) Act 1970 ; “the 1976 Order ” means the Sex Discrimination Order (Northern Ireland) 1976 ; “the 1995 Act ” means the Disability Discrimination Act 1995; “the 1993 Regulations ” shall be construed in accordance with regulation 2; “an award under the relevant legislation” means— an award under the 1970 Act of arrears of remuneration or damages, or an order under Article 65(1)( b ) of the 1976 Order or section 8(2)( b ) of the 1995 Act for payment of compensation, but does not include an award of costs under rule 12 in Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996 , even if the award of costs or expenses is made in the same proceedings as an award under the relevant legislation; and “tribunal” means an industrial tribunal established in pursuance of regulations made under, or having effect as if made under Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996 . 3 In these Regulations, any reference to a tribunal includes, in relation to any order under Article 65(1)( b ) of the 1976 Order for payment of compensation, any tribunal which under section 6 of the Fair Employment (Northern Ireland) Act 1989 has the jurisdiction, and exercises the powers, of the tribunal. 4 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly. Revocation 2 Subject to regulation 10, the Sex Discrimination and Equal Pay (Remedies) Regulations (Northern Ireland) 1993 (“the 1993 Regulations”) are revoked. Interest on awards 3 1 Where, at any time after these Regulations come into operation a tribunal makes an award under the relevant legislation— a it may, subject to and in accordance with these Regulations, include interest on any sums so awarded; and b it shall consider whether to do so, without the need for any application by a party in the proceedings. 2 Nothing in paragraph (1) shall prevent the tribunal from making an award or decision, with regard to interest, in terms which have been agreed between the parties. Rate of interest 4 1 Interest shall— a subject to paragraph (2), be applied at the same rate as is in force, during the period for which it is to be calculated, in relation to decrees in the county court; b be calculated as simple interest which accrues from day to day. 2 Where the rate of interest applied under paragraph (1)( a ) has varied during a period for which interest is to be calculated, the tribunal may, if it so desires in the interests of simplicity, apply such median or average of those rates as seems to it appropriate. Calculation of interest 5 1 In this regulation and regulations 6 and 7 in relation to any award under the relevant legislation— “day of calculation” means the day on which the amount of interest included on the sums so awarded is calculated by the tribunal; “mid-point date” means the date half-way through the period mentioned in paragraph (2) or, where the number of days in that period is even, the first day of the second half of that period. 2 The period referred to in paragraph (1) is the period beginning on the date of the contravention or, as the case may be, of the act of discrimination to which the award in question relates and ending on the day of calculation (both dates inclusive). 6 Interest shall not be included on any sum awarded under the relevant legislation in relation to a loss or matter occurring after the day of calculation or in respect of any time before the contravention or, as the case may be, the act of discrimination to which the award relates. 7 1 Subject to paragraphs (2) and (3)— a in the case of any sum awarded under the relevant legislation for injury to feelings, any interest included shall be for the period beginning on the date of the contravention or, as the case may be, the act of discrimination to which the award relates, and ending on the day of calculation (both dates inclusive); b in the case of all other sums of damages or compensation (other than any sum referred to in regulation 6), and all arrears of remuneration awarded under the relevant legislation, interest shall be for the period beginning on the mid-point date and ending on the day of calculation (both dates inclusive). 2 Where any payment has been made before the day of calculation to the complainant by or on behalf of the respondent in respect of any loss or matter to which an award under the relevant legislation relates, interest in respect of the corresponding part of the award shall be calculated as if the references in paragraph (1), and in the definition of “mid-point date” in regulation 5, to the day of calculation were to the date on which the payment was made. 3 Where a tribunal is of the opinion that, in relation to any award under the relevant legislation there are circumstances, whether relating to the case as a whole or to a particular sum in an award, which have the effect that serious injustice would be caused if interest were to be awarded in respect of the period or periods in paragraph (1) or (2), it may— a calculate interest, or as the case may be, interest on the particular sum for such different period, or b calculate interest for such different periods in respect of various sums in the award, as it considers appropriate in the circumstances, having regard to the provisions of these Regulations. Decision in writing 8 1 A tribunal’s written statement of reasons for its decision to make an award under the relevant legislation shall contain a statement of the total amount of any interest included therein and, unless this amount has been agreed between the parties, either a table showing how it has been calculated or a description of the manner in which it has been calculated. 2 A tribunal’s written statement of reasons shall include reasons for any decision not to award interest made under regulation 3. Interest for period after award 9 In relation to an award under the relevant legislation (whether or not including interest under regulation 3) for which the relevant decision day under the Industrial Tribunals (Interest) Order (Northern Ireland) 1990 falls at any time after the commencement of these Regulations— a that Order shall apply as if, in article 3 thereof, references to the calculation day were references to the day immediately following the relevant decision day and accordingly, subject to sub-paragraph ( b ), interest shall accrue under that Order from that day onwards (including that day); but b notwithstanding sub-paragraph ( a ), interest shall not be payable by virtue of that Order if payment of the full amount of the award (including interest thereon) is made within 14 days after the relevant decision day. Transitional provisions 10 The 1993 Regulations shall continue to apply in relation to any award under the Sex Discrimination legislation (within the meaning of those Regulations) made before the coming into operation of these Regulations as if these Regulations had not been made. Sealed with the Official Seal of the Department of Economic Development on 11th December 1996. W. D. A. Haire Assistant Secretary