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Rates (Northern Ireland) Order 1977

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Rates (Northern Ireland) Order 1977, Cross Heading: Alteration in valuation list is up to date with all changes known to be in force on or before 15 August 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Alteration in valuation listN.I.

Revision of F1. . . valuation list, and alteration, by district valuerN.I.

49.—(1) Subject to [F2paragraph (6) and Articles 49A and] 50(3), where an application is served by any person on the district valuer for revision of [F3a valuation list] in relation to any hereditament, or where the district valuer, without such an application, considers that [F3a valuation list] ought to be revised in relation to any hereditament,—

(a)he shall revise the list so far as it relates to that hereditament, or, if that hereditament is not already included in the list, he shall revise the list with a view to including it; and

(b)if, in consequence of the revision, he considers that any alteration (whether, where an application has been made, it is the alteration applied for or some other) should be made in [F4that or any other list] , he shall cause that alteration to be made.

(2) Where the district valuer causes an alteration to be made F5. . . under paragraph (1)( b), he shall serve certificates of the alteration on the persons mentioned in Article 56(8).

(3) Where the district valuer, on completing a revision made following an application served on him under this Article, decides that no alteration should be made F6. . . , he shall serve on the applicant notice of his decision.

(4) The district valuer shall complete any revision made following an application served on him under this Article within the period of three months from the date on which he received the application, or within such further period or periods (none of which shall exceed three months) as he specifies in a notice, stating the reason for the delay, served by him on the applicant before the expiration of the immediately preceding period.

(5) Where the date referred to in paragraph (4) falls before the first anniversary of the coming into force of [F7the valuation list in question] , that paragraph shall have effect as if the first reference in it to three months were a reference to six months.

[F8(6) If the district valuer decides that an application served on him is frivolous or vexatious—

(a)he shall serve on the applicant notice of his decision; and

(b)sub-paragraphs (a) and (b) of paragraph (1) shall not have effect in relation to that application.]

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[F9Transfer to the Commissioner of application under Article 49N.I.

49A.(1) The district valuer may, with the consent of the applicant, transfer to the Commissioner an application served on the district valuer under Article 49.

(2) Where an application is transferred under this Article, the functions of the district valuer in relation to the application served on him shall be exercisable by the Commissioner.]

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Alteration in F10. . . valuation list by CommissionerN.I.

50.—(1) The Commissioner may at any time—

(a)make in [F11a valuation list] any alteration which is necessary—

(i)to correct any clerical error in the list;

(ii)in consequence of any alteration in a boundary that is made under the Boundary Survey (Ireland) Act 1854 [1854 c.17] , the Boundary Survey (Ireland) Act 1857 [1857 c.45] , the Boundary Survey (Ireland) Act 1859 [1859 c.8 (22&23 Vict.)] or the County Boundaries (Ireland) Act 1872 [1872 c.48] or under section 50 of the Local Government Act (Northern Ireland) 1972 [1972 c.9] ;

(iii)to give effect to any apportionment made by him[F12 under Article 40(4)];

F13(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Head (v) rep. by 1998 NI 22

(b)alter [F14a valuation list] by deleting from it any hereditament which he is satisfied has ceased to exist.

(2) Where the Commissioner alters [F15a valuation list] under paragraph (1)( a) or ( b), he shall serve certificates of the alteration on the persons mentioned in Article 56(8).

(3) The district valuer shall not cause to be made in [F16a valuation list] any alteration such as is mentioned in paragraph (1)( a)(iii)F17..., but this Article shall not prejudice his power to cause to be made any alteration such as is mentioned in paragraph (1)( a)(i) or (ii) or ( b).

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Appeal to Commissioner against alteration of, or decision not to alter, F18. . . valuation list, or review by Commissioner of certain alterations made by him in F18. . . list.N.I.

51.[F19(1) Any person other than the Department who is aggrieved by an alteration which the district valuer has caused to be made in a valuation list may, within twenty-eight days of the service on him of the certificate of alteration appeal to the Commissioner against the alteration.

(1A) Any person other than the Department who is aggrieved by a decision of the district valuer not to cause a valuation list to be altered in consequence of an application by him for the revision of that list may, within twenty-eight days from the date of service on him of the notice of the decision, appeal to the Commissioner against the decision.

(1B) Paragraph (1A) does not apply to a decision under Article 49(6).]

(2) Any person, other than the DepartmentF20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., who is aggrieved by an alteration made in [F21a valuation list] by the Commissioner under Article 50(1)( a)(i) or ( b) may, within twenty-eight days from the date of service on him of the certificate of the alteration, apply to the Commissioner for a review of the alteration; and in the succeeding provisions of this Order any reference to an appeal to the Commissioner includes a reference to an application to him for a review under this paragraph or, as the case may require, to such a review, and references to an appellant or to hearing or determining an appeal shall be construed accordingly.

(3) An appeal to the Commissioner shall be instituted by a notice of appeal, signed by the appellant, stating—

(a)the alteration desired or objected to;

(b)the reasons for desiring or objecting to the alteration; and

(c)where the appellant is not the owner, or is not the occupier, of the hereditament, the name and address of the owner, or, as the case may require, of the occupier or of both.

(4) The appellant shall, within the period of twenty-eight days mentioned in paragraph (1) [F22, (1A)] or (2) (whichever is applicable), serve a copy of the notice of appeal on—

(a)the occupier of the hereditament to which the appeal relates, where not the appellant; and

(b)the owner of the hereditament, where he is not the occupier or the appellant.

(5) The appellant may, at any time before the Commissioner's decision on the appeal has been issued, abandon the appeal by serving a notice in that behalf on the Commissioner.

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Procedure on appeal to CommissionerN.I.

52.—(1) Without prejudice to Article 53, where an appeal is made to the Commissioner under Article 51, the Commissioner shall investigate the subject matter of the appeal, and shall review the alteration that has been made F23. . . or, as the case may require, shall review the decision not to cause the alteration applied for to be made.

(2) In the course of his investigation the Commissioner shall afford to every person who appears to him to be concerned therewith an opportunity to comment on the subject matter of the appeal and to furnish oral or other evidence respecting it.

(3) Without prejudice to paragraph (2), the Commissioner may obtain information from such persons and in such manner and make such inquiries as he considers appropriate, and may call for a report on the hereditament to which the appeal relates from a suitably qualified officer other than the officer previously employed—

(a)in making the valuation originally included in the valuation list [F24in question] , or

(b)in deciding not to cause to be made F25. . . any alteration which was applied for, or

(c)in causing to be made any alteration in relation to which the appeal is made.

(4) After completing his review, the Commissioner shall make such decision with respect to the manner in which the hereditament in question is to be treated in [F26a valuation list] as appears to him to be proper; and where that treatment requires an alteration F27. . . the Commissioner—

(a)shall alter [F28that list] accordingly; and

(b)may make such alteration in [F29any valuation list] in relation to any comparable hereditament which is in the same state and circumstances as the first-mentioned hereditament as appears to him to be necessary in order to render the valuations of that hereditament and the first-mentioned hereditament proportionate and uniform.

[F30(4A) Where the valuation list is a capital value list—

(a)the Commissioner shall complete his review and make his decision under paragraph (4)—

(i)within twenty-eight days from the date of service on him of the notice of appeal under Article 51; or

(ii)within such further period or periods (none of which shall exceed twenty-eight days) as he specifies in a notice, stating the reason for the delay, served by him on the appellant before the expiration of the immediately preceding period; and

(b)the Commissioner shall for the purposes of paragraph (4)(b) have regard to the assumptions mentioned in paragraphs 9 to [F3115 of Part 1 of Schedule 12 (subject to paragraphs 7(3) and 12)].

(4B) Where the date referred to in paragraph (4A)(a)(i) falls before the first anniversary of the coming into force of the capital value list in question, that paragraph shall have effect as if the reference in sub-paragraph (a)(i) to twenty-eight days were a reference to six months.]

(5) Where the Commissioner alters [F32any valuation list] under paragraph (4)( a) or ( b) he shall serve certificates of the alteration on the persons mentioned in Article 56(8).

(6) Where the Commissioner—

(a)dismisses the appeal; or

(b)makes F33. . . in relation to the hereditament in question any alteration other than that desired by the appellant;

he shall serve notice of the dismissal or, as the case may require, a statement of his reasons for making that other alteration, on—

(i)

the appellant;

(ii)

the district council, where not the appellant[F34 and if requested by the council to do so]; and

(iii)

every other person on whom a copy of the notice of appeal was served who submitted comments or furnished evidence to the Commissioner in connection with the appeal.

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Power of Commissioner to transfer appeal to Lands TribunalN.I.

53.—(1) [F35Except in prescribed cases, where] an appeal is made to the Commissioner under Article 51 and the Commissioner is of the opinion that because of any difficulty arising or likely to arise in connection with, or in the course of determining, the appeal or for any other reason it is desirable that the appeal should be heard and determined by the Lands Tribunal, the Commissioner, with the consent of the President of the Lands Tribunal, may transfer the appeal to the Lands Tribunal.

(2) Where an appeal is transferred to the Lands Tribunal under this Article,—

(a)the Tribunal may exercise any power exercisable by it on an appeal under Article 54 and paragraph [F36(3)] of that Article shall apply as it applies on an appeal under that Article; and

(b)subject to any agreement as to costs, the costs of the appeal shall be defrayed by the Department and any power to ask or apply for a review of the taxation of any such costs shall (without prejudice to its exercise by the other party to any such agreement) be exercisable by the Department.

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Modifications etc. (not altering text)

[F37Appeal from decision of CommissionerN.I.

54.(1) Any person, other than the Department, who is aggrieved by—

(a)the decision of the Commissioner under Article 49A or on an appeal under Article 51; or

(b)an alteration made by the Commissioner in a valuation list in consequence of such a decision,

may appeal to the appropriate Tribunal.

(2) On an appeal under this Article the Tribunal may—

(a)make any decision that the Commissioner might have made; and

(b)if any alteration in a valuation list is necessary to give effect to the decision, direct that the list be altered accordingly.

(3) On an appeal under this Article, any valuation shown in a valuation list with respect to a hereditament shall be deemed to be correct until the contrary is shown.

(4) In this Order “the appropriate Tribunal” means—

(a)in relation to such appeals as may be prescribed, the Valuation Tribunal;

(b)in relation to any other appeals, the Lands Tribunal.]

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F37Arts. 54 - 54A substituted (1.12.2006 for certain purposes, otherwise 1.4.2007) for art. 54 by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 33; S.R. 2006/464, art. 2(2), (4), Sch. 2

[F38Appeal from decision or direction of Valuation TribunalN.I.

54A.(1) Any person who is aggrieved by any decision or direction of the Valuation Tribunal under Article 13(3) or 54(2) may, with the leave of—

(a)the Lands Tribunal; or

(b)the President of the Valuation Tribunal,

appeal to the Lands Tribunal.

(2) For the purposes of paragraph (1), the Commissioner shall be treated as a person aggrieved by a decision or direction of the Valuation Tribunal under Article 13(3) relating to a determination made by the Department.

(3) On an appeal under this Article the Lands Tribunal may—

(a)make any decision that the Valuation Tribunal might have made;

(b)if any alteration in a valuation list is necessary to give effect to the decision, direct that the list be altered accordingly;

(c)remit the appeal or any matter arising on it to the Valuation Tribunal with such declarations or directions as the Lands Tribunal thinks proper.

(4) The Valuation Tribunal shall have regard to any declarations and obey any directions under paragraph (3)(c).

(5) On an appeal under this Article, any valuation shown in a valuation list with respect to a hereditament shall be deemed to be correct until the contrary is shown.]

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F38Arts. 54 - 54A substituted (1.12.2006 for certain purposes, otherwise 1.4.2007) for art. 54 by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 33; S.R. 2006/464, art. 2(2), (4), Sch. 2

Review of revision of valuation list made while appeal pendingN.I.

55.—(1) When an appeal [F39under Article 54 or 54A] in relation to a hereditament is finally disposed of, the district valuer shall review any [F40 alteration in, or decision not to alter, a valuation list in relation to the hereditament or any revaluation of] the hereditament which was made—

(a)subsequent to the date of the alteration in [F40 a valuation list], or the refusal to make such an alteration, which gave rise to the appeal; but

(b)before the date on which the appeal was finally disposed of;

having regard to the decision on the appeal.

(2) Where, on a review under paragraph (1), the district valuer is satisfied that any alteration should be made in [F40 a valuation list] in relation to the hereditament, he shall cause [F40 that valuation list] to be altered accordingly.

(3) Where the district valuer causes [F40 a valuation list] to be altered under paragraph (2), he shall serve certificates of the alteration on the persons mentioned in Article 56(8); and where, on completing his review under paragraph (1), he decides that no alteration should be made in [F40 a valuation list], he shall serve notice of his decision on the occupier of the hereditament and the district council.

(4) The occupier of the hereditament, or the district council, may appeal to the Commissioner against any alteration made in [F40 a valuation list] under paragraph (2), or any decision of the district valuer such as is referred to in paragraph (3), and the provisions of Articles 51 to [F4154A] shall, with the appropriate modifications, apply in relation to an appeal under this paragraph.

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Supplementary provisions as to alterations, etc.N.I.

56.—(1) Every owner who is rated under Article 20 instead of the occupier, or who enters into an agreement with the Department under Article 21, in respect of any hereditaments shall, without prejudice to the rights of the occupier of any of those hereditaments, be treated for the purposes of the provisions of this Part relating to revisions, reviews and appeals as standing in the same position as the occupier.

(2) [F42Subject to paragraph (2A), where] any premises are unoccupied, any reference in this Part to the occupier shall be construed as a reference to the owner of the premises, except that, where the owner is unknown and by virtue of section 24(2)( e) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] a notice addressed to the occupier has been served in accordance with that section, that notice shall be deemed to have been duly served on that owner.

[F42(2A) Paragraph (2) shall not apply in relation to a hereditament in respect of which a person is chargeable to rates under Article 25A.]

(3) Any officer of a district council who is specifically or generally authorised in that behalf by the council may authorise the institution, carrying on or defence of any proceedings, or the taking of any step, in relation to a valuation list which the council is authorised or required to institute, carry on, defend or take.

(4) Where, under any provision of this Part, any thing is authorised or required to be done by or in relation to any person other than the Department, the Commissioner or a district council, that thing may be done by or to any duly authorised agent of that person.

(5) Any notice (including an application for a revision) required or authorised by this Part to be served on the Commissioner or the district valuer need not name the Commissioner or the district valuer but may describe him as the Commissioner or, as the case may require, as the district valuer for the valuation district in question, without further description.

(6) Where, under any provision of this Part, the district valuer is required or authorised to cause any matter to be entered, or any alteration to be made, in [F43a valuation list (including] a new valuation list which has not yet come into [F44force)] , the district valuer shall notify the Commissioner of that matter or alteration and the Commissioner shall prepare or alter the list accordingly.

(7) Where an alteration in [F45a valuation list] is necessary to give effect to a decision of the Lands Tribunal [F46or the Valuation Tribunal under this Order] , the Commissioner shall—

(a)whether upon the direction of [F47that Tribunal] or otherwise, make that alteration; and

(b)serve a certificate of the alteration on the persons mentioned in paragraph (8).

(8) The certificates of [F48alteration] mentioned in Articles 49(2), 50(2), 52(5), and 55(3) and in paragraph (7) shall be served on—

Sub-para. (a) rep. by 1998 NI 22

(b)the district council[F49 if requested by the council to do so];

(c)the person (if any) in consequence of whose application or appeal the alteration is made, where not the Department or the district council;

(d)except where the alteration is made under Article 50(1)( a)(ii) [F50or (iii)] or ( b), the occupier of the hereditament, where not the person mentioned in sub-paragraph ( c); F51. . .

(e)where the alteration is made in consequence of an appeal, every other person on whom a copy of the notice of appeal was served who submitted comments or furnished evidence in connection with the appeal [F52and

(f)a water undertaker or sewerage undertaker if it so requests.]

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Duties of public bodies with respect to alterations in valuation listN.I.

57.—(1) If in the course of the exercise of its functions any [F53relevant information comes to the notice of a public body] , it shall be the duty of that body to inform the district valuer.

[F54(2) In this Article—

inform” includes, in relation to a public body, giving relevant information in the possession or control of that body;

public body” means—

(a)

a body established by or under a statutory provision; or

(b)

a department of the Government of the United Kingdom;

relevant information” means information which is relevant to a decision whether to alter a valuation list;

valuation list” includes a valuation list which has been issued but which has not yet come into force.]

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Modifications etc. (not altering text)

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