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The Rates (Amendment) (Northern Ireland) Order 2006

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This is the original version (as it was originally made).

Article 29(2).

SCHEDULE 1SCHEDULE TO BE INSERTED IN PRINCIPAL ORDER AS SCHEDULE 9B

Explanatory MemorandumShow EM

SCHEDULE 9BVALUATION TRIBUNAL

Introductory

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.

Members

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—

(i)legal members;

(ii)members who have had experience in the valuation of land; and

(iii)ordinary members.

(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.

Remuneration etc.

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.

Sittings

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.

Tribunals

6.  The jurisdiction of the Tribunal may be exercised by a single tribunal or by two or more tribunals if the President so directs.

Rules

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.

Directions

14.  The President may, subject to rules, give directions about the practice and procedure of the Tribunal..

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