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The Valuation Tribunals (Consequential Modifications and Saving and Transitional Provisions) (England) Regulations 2009

Type Statutory-Instrument
Publication 2009-08-25
State In force
Department Queen's Printer of Acts of Parliament
Source legislation.gov.uk
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Made: 25th August 2009

Laid before Parliament: 2nd September 2009

Coming into force: 1st October 2009

The Secretary of State, in exercise of the powers conferred by section 220(2) and (3) of the Local Government and Public Involvement in Health Act 2007[^f00001], makes the following Regulations:

Citation, commencement and application

1

Interpretation

2

In these Regulations—

Revocation of the Valuation and Community Charge Tribunals Regulations 1989 as to England with savings and modifications

3

Transitional provision: appeals and reviews

4

shall be dealt with in accordance with Part 4 of the 1989 Regulations as modified by regulation 3(3) of these Regulations.

the VTE President shall, where any individual hearing the appeal or considering the written representations becomes a member of the Tribunal on 1st October 2009, arrange for that individual (or, if more than one, those individuals) to continue to hear the appeal or consider the written representations (as the case may be).

the VTE President shall make arrangements for the appeal to be dealt with by one or more members of the Tribunal, of whom at least one is a senior member.

SCHEDULE — MODIFICATIONS TO PART 4 OF THE VALUATION AND COMMUNITY CHARGE TRIBUNAL REGULATIONS 1989 (ENGLAND ONLY)

PART 1 — MODIFICATIONS TO PART 4 OF THE VALUATION AND COMMUNITY CHARGE TRIBUNAL REGULATIONS 1989

Provision of Regulations Modification
Regulation 1 (citation and commencement) Omit “for the purposes of regulations 4 to 8 and 11 on 7th April 1989, and for all other purposes”.
Regulation 15 (interpretation of Part 4) For the definition of “tribunal” substitute— “Tribunal” means the Valuation Tribunal for England; “VTE panel”, in relation to an appeal, means the members of the Tribunal selected in accordance with tribunal business arrangements [^f00006] to deal with the appeal; “the VTE President” means the President of the Tribunal. .
Regulation 16 (jurisdiction)[^f00007] For paragraphs (1) to (4) substitute “An appeal shall be dealt with by a VTE panel.”.
Regulation 17 (time limits) In paragraph (1)— for “him” substitute “the person”; and for “his” substitute “the person’s”. In paragraph (3), for “the president” and “he” substitute “the VTE President”.
Regulation 18 (initiating an appeal) In paragraph (1)— for “the clerk of the tribunal having jurisdiction in relation to the appeal”, substitute “the Tribunal”; and for “he” substitute “the aggrieved person”. In paragraph (2), for “the clerk”, “he” and “him”, substitute “the Tribunal”.
Regulation 19 (arrangements for appeals)[^f00008] In paragraph (1), for “the president” substitute “the VTE President”. In paragraph (2), for “the clerk”, substitute “the Tribunal”.
Regulation 20 (withdrawal) In paragraph (1), for “the clerk”, substitute “the Tribunal”. In paragraph (2)— for “the clerk”, substitute “the Tribunal”; and for “he”, substitute “it”.
Regulation 21 (disposal by written representations) In paragraph (1)— for “the clerk” (in both places) substitute “the Tribunal”; and in sub-paragraph (b), for “he or it” substitute “the respondent”. In paragraph (2), for “the clerk” substitute “the Tribunal”. In paragraph (3)— for “the clerk” substitute “the Tribunal; for “him” substitute “the appellant”; and for “a tribunal constituted as mentioned in regulation 25(1)” substitute “the VTE panel”. In paragraph (4), for “The tribunal may if it thinks fit” substitute “The VTE panel may if it thinks fit”.
Regulation 22 (notice of hearing)[^f00009] In paragraph (1), for “the clerk” substitute “the Tribunal”. In paragraph (2)— for “the clerk” substitute “the Tribunal”; and omit sub-paragraph (a). In paragraph (5), for “the clerk” substitute “the Tribunal”.
Regulation 23 (disqualification from participating)[^f00010] In paragraph (1)— after “as a member”[^f00011] insert “of a VTE panel”; omit “, or acting as clerk or officer of a tribunal in relation to,”; and for “he” substitute “the person”. In paragraph (2)— omit “, or acting as clerk or officer of a tribunal in relation to,”; for “his” substitute “the person’s”; and for “he” substitute “the person”. In paragraph (3)— for “he” substitute “the person”; and for “his” substitute “the person’s”.
Regulation 24 (representation at the hearing) For “he” substitute “the party”. For “or an employee of the tribunal” substitute “of the Tribunal or an employee of the Valuation Tribunal Service”.
Regulation 25 (conduct of the hearing)[^f00012] For paragraph (1) substitute— 1 The Tribunal’s function of hearing or determining an appeal shall be discharged by a VTE panel; and, except where paragraph A18 of Schedule 11 to the Act applies, a senior member of the Tribunal shall preside;[^f00013]. . Omit paragraph (2). In paragraph (3), for “tribunal” substitute “Tribunal or the VTE panel”. In paragraph (4)— for “tribunal” (in both places) substitute “the VTE panel”; and for “his” substitute “the other party’s”. In paragraph (5), for “tribunal” substitute “the VTE panel”; and In paragraph (6)— for “tribunal”, in the first place where it occurs, substitute “VTE panel”; omit “before the tribunal”; and for “tribunal thinks” substitute “VTE panel think”. For paragraph (7) substitute— 7 Subject to any provision of this Part, the VTE panel— a shall conduct the hearing in such manner as they consider most suited to the clarification of the issues and, generally, to the just handling of the proceedings; b so far as appears to them to be appropriate, shall seek to avoid formality in the proceedings; and c shall not be bound by any enactment or rule of law relating to the admissibility of evidence in proceedings before courts of law. .
Regulation 26 (evidence) In paragraph (3)(b), for “his” substitute “the person’s”.
Regulation 28 (decisions on appeals)[^f00014] For paragraph (1), substitute— 1 Where an appeal is to be dealt with by a VTE panel consisting of three persons, it may be decided by a majority of those persons; and where it is to be dealt with by two persons and they are unable to agree, it shall be referred to the VTE President, who shall either deal with the appeal personally or make arrangements for it to be dealt with by another senior member of the Tribunal or by a VTE panel other than that originally selected. . In paragraph (2), for “disposed of” substitute “dealt with”. In paragraph (4), for “him” substitute “the party”.
Regulation 29 (orders) In paragraph (1), for “the tribunal” substitute “the Tribunal”.
Regulation 30 (records of decisions etc)[^f00015] In paragraph (1), for “the clerk” substitute “the Tribunal”. In paragraph (5), for “the tribunal concerned” substitute “the Tribunal”. In paragraph (6), for “he” substitute “the person having custody”. In paragraph (8), for “a record of that tribunal” substitute “an entry in the record kept under this regulation”. After paragraph (8), insert— 9 In paragraph (8), “clerk” means the clerk of the Tribunal appointed under paragraph 8 of Schedule 4 to the Local Government Act 2003 in accordance with paragraph 9 of that Schedule[^f00016]. .
Regulation 31 (review of decisions)[^f00017] In paragraph (1)— for “a tribunal constituted as provided in paragraph (3)” substitute “the Tribunal”; omit “under the hand of the presiding member”; for “he” substitute “the party”; and in sub-paragraph (d), for “the tribunal’s decision” substitute “the decision made by the VTE panel, the VTE President or a senior member (as the case may be)” . For paragraphs (3) and (4) substitute— 3 Tribunal business arrangements[^f00018] shall apply in relation to the selection of members of the Tribunal to review a decision or part of a decision as if the review were an appeal. 4 Where a decision is set aside in pursuance of this regulation, the Tribunal shall— a revoke any order made in consequence of that decision; and b order a re-hearing or re-determination. . In paragraph (5), for “clerk” substitute “Tribunal”. In paragraph (6), for “clerk” substitute “Tribunal”. In paragraph (7), in the definition of “the relevant day”, for “the tribunal” substitute “the Tribunal”.
Regulation 32 (appeals) In paragraph (1)— for “a tribunal” substitute “the Tribunal”; and for “he” substitute “was”. In paragraph (3) for “the tribunal” (in both places) substitute “the Tribunal”. In paragraph (4), for “subject to this requirement” substitute “as if the reference to a tribunal included a reference to the High Court”.
Regulation 33 (arbitration)[^f00019] For paragraphs (1) to (3) substitute— 1 Where the persons mentioned in paragraph (2) agree in writing that a matter falling within the Tribunal’s jurisdiction is to be referred to arbitration, the matter shall be so referred. 2 The persons are the persons who, if the matter were to be the subject of an appeal to the Tribunal, would be the parties to the appeal. .

PART 2 — RELEVANT PROVISIONS OF THE VALUATION AND COMMUNITY CHARGE TRIBUNAL REGULATIONS 1989, INCLUDING PART 4 AS MODIFIED

PART4 — COMMUNITY CHARGE APPEALS

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Bill McKenzie — Parliamentary Under Secretary of State — Department for Communities and Local Government — 25th August 2009

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Part 13 of the Local Government and Public Involvement in Health Act 2007 establishes the Valuation Tribunal for England (“the VTE”), abolishes existing valuation tribunals in England and transfers their jurisdiction to the VTE. Part 13 and the related Schedules 15 and 16 are partially in force by virtue of S.I. 2008/917. The rest of that Part and those Schedules are brought into force on 1st October 2009 by virtue of S.I. 2008/3110.

These Regulations, which apply in relation to England only, are made in consequence of the transfer of jurisdiction to the VTE.

Regulation 3 provides for the Valuation and Community Charge Tribunals Regulations 1989 (“the 1989 Regulations”) to have effect, as to England, as if made under Schedule 11 to the Local Government Finance Act 1988 as amended by the Local Government and Public Involvement in Health Act 2007. Those Regulations are revoked, as to England, with the exception of Part 4, which relates to community charge appeals, and specified provisions of Part 1. Part 4 and the specified provisions of Part 1 are modified as shown in Part 1 of the Schedule to the Regulations. The opportunity has been taken to make minor changes, including taking into account in the modified regulation 31(1)(d) that the Upper Tribunal has superseded the Lands Tribunal. There are also minor drafting changes, including the use in the modified Part 4 of words that are gender-neutral. The saved provisions of Parts 1 and 4, as modified, are set out in Part 2 of the Schedule.

Regulation 4 makes transitional provision in relation to any community charge appeals that may have been made but not determined by 1st October 2009 and any reviews of decisions on such appeals that have not been concluded by that date.

(Part 5 of the 1989 Regulations, which deals with council tax appeals, is re-enacted with changes to take account of the transfer of jurisdiction to the VTE, and other minor and drafting changes, in the Council Tax (Alterations of Lists and Appeals) (England) Regulations 2009 (S.I. 2009/2270) and the Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009 (S.I. 2009/2269).)

No impact assessment has been produced for these Regulations as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 2007 c.28.

[^f00002]: S.I. 1989/439 (“the 1989 Regulations”). By virtue of section 15 of the Local Government Finance Act 1992 (c.14), valuation and community charge tribunals became known, from 1st April 1993, as valuation tribunals, and their jurisdiction was extended. In England, the jurisdiction of valuation tribunals under the 1989 Regulations is transferred to the Valuation Tribunal for England by paragraph A2 of Schedule 11 to the Local Government Finance Act 1988 (c.41), inserted by Schedule 15 to the Local Government and Public Involvement in Health Act 2007. Part 4 of the 1989 Regulations was amended by S.I. 1990/582, S.I. 1993/292 and S.I. 1995/363. There are other amendments not relevant to these Regulations. By virtue of regulation 1A of the 1989 Regulations, inserted by regulation 53 of S.I. 1995/3056 (to which there are amendments not relevant to these Regulations), the 1989 Regulations do not apply to tribunals in Wales established by regulation 2 of S.I. 1995/3056. The tribunals in Wales to which the 1989 Regulations formerly applied ceased to exist by virtue of regulation 14 of S.I. 1995/3056.

[^f00003]: See paragraph A4 of Schedule 11 to the Local Government Finance Act 1988 (c.41), inserted by paragraphs 1 and 2 of Schedule 15 to the Local Government and Public Involvement in Health Act 2007 (c.28).

[^f00004]: 1988 c.41. Amendments relevant to these Regulations are made by Schedule 15 to the Local Government and Public Involvement in Health Act 2007.

[^f00005]: The power to make regulations is contained in paragraph A19 of Schedule 11 to the Local Government Finance Act 1988, inserted by paragraphs 1 and 2 of Schedule 15 to the Local Government and Public Involvement in Health Act 2007.

[^f00006]: As to “tribunal business arrangements” see paragraph A17 of Schedule 11 to the Local Government Finance Act, inserted , by paragraphs 1 and 2 of Schedule 15 to the Local Government and Public Involvement in Health Act 2007.

[^f00007]: Paragraph (4) was inserted by S.I. 1995/363.

[^f00008]: Paragraph (1) was numbered as such, and paragraph (2) inserted, by S.I. 1990/582. Paragraph (1) was amended by S.I. 1993/292.

[^f00009]: Paragraphs (2) and (5) were substituted by S.I. 1993/292.

[^f00010]: Paragraph (1) was amended by S.I. 1993/439.

[^f00011]: The words “as a member” were inserted by S.I. 1993/439.

[^f00012]: Paragraph (6) was amended by S.I. 1993/292.

[^f00013]: As to “senior member” see paragraph A17(4) of Schedule 11 to the Local Government Finance Act 1988. The panel of chairmen referred to in paragraph A17(4)(c) are the members of the Tribunal referred to in paragraph A4 of that Schedule. That paragraph and paragraph A17 are inserted by paragraphs 1 and 2 of Schedule 15 to the Local Government and Public Involvement in Health Act 2007 (c.28).

[^f00014]: Regulation 28 was substituted by S.I. 1993/292.

[^f00015]: Regulation 30 was substituted by S.I. 1993/292.

[^f00016]: 2003 c.26. Paragraph 9 of Schedule 4 is substituted by paragraph 13(5) of Schedule 16 to the Local Government and Public Involvement in Health Act 2007 (c.28) (“the 2007 Act”). By virtue of section 105(2) of the Local Government Act 2003 (“the 2003 Act”), as amended by paragraph 11(1) and (2) of Schedule 16 to the 2007 Act, the Valuation Tribunal for England is referred to in Schedule 4 to the 2003 Act as “the Tribunal”.

[^f00017]: Regulation 31 was substituted by S.I. 1993/292.

[^f00018]: See paragraph A17(2) of Schedule 11 to the Local Government Finance Act 1988 inserted by the Local Government and Public Involvement in Health Act 2007 (c.28), Schedule 15. paragraphs 1 and 2.

[^f00019]: Paragraph (3) of regulation 33 was amended by S.I. 1993/292.

[^f00020]: 1988 c.41.

[^f00021]: As to “tribunal business arrangements” see paragraph A17 of Schedule 11 to the Local Government Finance Act, inserted , by paragraphs 1 and 2 of Schedule 15 to the Local Government and Public Involvement in Health Act 2007.

[^f00022]: 2003 c.26. Paragraph 9 of Schedule 4 is substituted by paragraph 13(5) of Schedule 16 to the Local Government and Public Involvement in Health Act 2007 (c.28) (“the 2007 Act”). By virtue of section 105(2) of the Local Government Act 2003 (“the 2003 Act”), as amended by paragraph 11(1) and (2) of Schedule 16 to the 2007 Act, the Valuation Tribunal for England is referred to in Schedule 4 to the 2003 Act as “the Tribunal”.

[^f00023]: The words “Upper Tribunal” were substituted for “Lands Tribunal” by paragraphs 32 and 33 of Schedule 2 to S.I. 2009/1307.

[^f00024]: See paragraph A17(2) of Schedule 11 to the Local Government Finance Act 1988 inserted by the Local Government and Public Involvement in Health Act 2007 (c.28), Schedule 15, paragraphs 1 and 2.

[^f00025]: See section 94 of the Arbitration Act 1996 (c.23).

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