Commentary on Sections Fair Employment Tribunal Section 7: Power to require party to proceedings to pay deposit
This section, which is comparable to section 4, amends Article 84B of the FETO 1998 to provide the Department with the power to prescribe by regulations other requirements in addition to those already in statute, which parties may be required to meet as a condition of continuing to participate in particular FET proceedings.
FET procedure regulations currently require a party to pay a deposit where their case is considered to have little reasonable prospect of success. These regulations are under review, and the enabling power will allow the Department to legislate in response to the relevant public consultation, once concluded.
Subsection (2) amends Article 104 of the FETO 1998 so that regulations which make use of the enabling power are to be subject to the draft affirmative Assembly procedure.