- Latest available (Revised)
- Original (As made)
The Rates (Amendment) (Northern Ireland) Order 2006, SCHEDULE 1 is up to date with all changes known to be in force on or before 01 May 2017. 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
1.—(1) In this Schedule—
“rules” means rules made under paragraph 7;
“the Tribunal” means the Valuation Tribunal.
(2) Until the commencement of section 5(1) of the Justice (Northern Ireland) Act 2002 (c. 26), references in this Schedule to the First Minister and deputy First Minister acting jointly or to the Office of the First Minister and deputy First Minister shall be construed as references to the Lord Chancellor.
2.—(1) The Tribunal shall consist of the President and the other members of the Tribunal.
(2) The First Minister and deputy First Minister acting jointly shall appoint—
(a)a President of the Tribunal;
(b)other members of the Tribunal who must include—
(ii)members who have had experience in the valuation of land; and
(3) A person may be appointed as the President or as a legal member of the Tribunal only if he is a barrister or solicitor of at least seven years' standing.
(4) The Lord Chief Justice may designate a legal member of the Tribunal to carry out the functions of the President when he is unable to act or when the office is vacant.
3.—(1) Subject to sub-paragraph (3), the members of the Tribunal shall hold and vacate office as such in accordance with the terms of their respective appointments.
(2) A person holding office as a member of the Tribunal may resign that office by giving notice in writing to the Office of the First Minister and deputy First Minister.
(3) A person holding office as a member of the Tribunal shall vacate his office on the day on which he attains the age of 70, unless the First Minister and deputy First Minister acting jointly authorise him to continue in office for a period or periods not exceeding one year and not extending beyond the day on which the person attains the age of 75.
(4) Subject to sub-paragraph (3), a member of the Tribunal who ceases to hold office is eligible for re-appointment.
4. The Office of the First Minister and deputy First Minister may pay to the members of the Tribunal such remuneration and allowances as the Office of the First Minister and deputy First Minister may determine.
5. The Tribunal shall sit at such times and in such places as the President may direct in accordance with general arrangements made by the Lord Chancellor.
6. The jurisdiction of the Tribunal may be exercised by a single tribunal or by two or more tribunals if the President so directs.
7.—(1) The Lord Chancellor may make rules—
(a)regulating the exercise of a right of appeal to the Tribunal;
(b)about practice and procedure in relation to proceedings before the Tribunal.
(2) Nothing in paragraphs 8 to 13 affects the generality of sub-paragraph (1).
(3) Rules made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) shall apply accordingly.
8. Rules may include provision—
(a)determining by which tribunal any appeal is to be determined where the jurisdiction of the Tribunal is being exercised by more than one tribunal;
(b)providing that the chairman of any such tribunal must be the President or a legal member;
(c)determining which members of the Tribunal are to hear any appeal;
(d)enabling functions of the Tribunal specified in the rules to be discharged by such person as may be determined by or under the rules.
9. Rules may include provision—
(a)specifying the procedure to be followed for initiating an appeal (including the time within which an appeal must be brought);
(b)authorising an appeal to be disposed of with the consent of the parties on the basis of written representations;
(c)specifying the procedure to be followed before the hearing of an appeal;
(d)authorising an appeal to be withdrawn in circumstances specified in the rules.
10. Rules may include provision that, subject to any other provision of the rules, the Tribunal may regulate its own procedure.
11.—(1) Rules may include provision—
(a)for requiring hearings of appeals to take place in public except in circumstances specified in the rules;
(b)for parties to the appeal to be represented by such persons as may be determined by or under the rules;
(c)for authorising hearings of appeals to proceed in the absence of a party or parties to the appeal in circumstances specified in the rules;
(d)for requiring persons to attend to give evidence and produce documents;
(e)as to evidence generally (whether written evidence or oral evidence given under oath or affirmation);
(f)as to the adjournment of hearings.
(2) Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of sub-paragraph (1)(d) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.
12. Rules may include provision—
(a)that where two or more members of a tribunal are acting the decision of the majority is to prevail or, if the votes are equal, the chairman is to have a casting vote;
(b)requiring reasons for a decision to be given;
(c)authorising a decision to be given orally or in writing;
(d)authorising or requiring an order to be made in consequence of a decision;
(e)that an order may require a valuation list to be altered;
(f)enabling the Tribunal to review its decisions, or to vary or revoke an order of the Tribunal, in such circumstances as may be determined in accordance with the rules.
13. Rules may include provision—
(a)for the registration and proof of decisions and orders of the Tribunal;
(b)authorising the correction of clerical errors in records of decisions and orders;
(c)requiring decisions, orders and corrections to be communicated to the parties to appeals.
14. The President may, subject to rules, give directions about the practice and procedure of the Tribunal.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: