The Valuation Tribunal (Amendment) Rules (Northern Ireland) 2010

Statutory Rules of Northern Ireland

2010 No. 104

Rates

The Valuation Tribunal (Amendment) Rules (Northern Ireland) 2010

Made

10th March 2010

Coming into operation

9th April 2010

To be laid before Parliament

The Lord Chancellor makes the following Rules in exercise of the powers conferred by Article 36A(3) of, and paragraphs 7 to 13 of Schedule 9B to, the Rates (Northern Ireland) Order 1977(1).

Citation and commencement

1.  These Rules may be cited as the Valuation Tribunal (Amendment) Rules (Northern Ireland) 2010 and shall come into operation on 9th April 2010.

Amendment to the Valuation Tribunal Rules (Northern Ireland) 2007

2.  The Valuation Tribunal Rules (Northern Ireland) 2007(2) shall be amended in accordance with rules 3 to 6.

3.—(1) In rule 2(1) (Interpretation)—

(a) after the definition of “the 2008 Regulations” insert—

“the 2010 (Energy Efficiency Homes Scheme) Regulations” means the Rate Relief (Energy Efficiency Homes Scheme) Regulations (Northern Ireland) 2010(3);

“the 2010 (Low-Carbon Homes Scheme) Regulations” means the Rate Relief (Low-Carbon Homes Scheme) Regulations (Northern Ireland) 2010(4);”;

(b)

in the definition of “appeal”—

(i)

in paragraph (b) omit “or”; and

(ii)

after paragraph (c) insert—

“(d) regulation 9(1) of the 2010 (Energy Efficiency Homes Scheme) Regulations; or

(e) regulation 10(1) of the 2010 (Low-Carbon Homes Scheme) Regulations;”; and

(c)

in the definition of “respondent” for paragraph (a) substitute—

“(a) in relation to an appeal under Article 13(3) or 31A(12B) of the 1977 Order; regulation 12(1) of the 2007 Regulations, regulation 9(1) of the 2010 (Energy Efficiency Homes Scheme) Regulations or regulation 10(1) of the 2010 (Low Carbon Scheme) Regulations, means the Department;”.

4.  In rule 5 (Notice of appeal) after paragraph (e) insert—

“(f) an appeal under regulation 9(1) of the 2010 (Energy Efficiency Homes Scheme) Regulations shall be instituted by delivering to the Secretary a notice of appeal in accordance with Form 6 within 28 days of the Department issuing the notice of the result of the review;

(g) an appeal under regulation 10(1) of the 2010 (Low-Carbon Homes Scheme) Regulations shall be instituted by delivering to the Secretary a notice of appeal in accordance with Form 7 within 28 days of the Department issuing the notice of the result of the review.”.

5.  In rule 22 (Case stated for the Court of Appeal) paragraph (1)—

(a) in both sub-paragraph (a) and sub-paragraph (b) omit “or”; and

(b) after sub-paragraph (c) insert—

“(d) regulation 9(2) of the 2010 (Energy Efficiency Homes Scheme) Regulations; or

(e) regulation 10(2) of the 2010 (Low-Carbon Homes Scheme) Regulations,”.

6.  In the Schedule after Form 5 insert the forms set out in the Schedule to these Rules.

Signed by the authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under-Secretary of State

Ministry of Justice

Dated 10th March 2010

Rule 6

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Rules)

The Valuation Tribunal Rules (Northern Ireland) 2007 [S.R. 2007 No. 182 as amended by S.R. 2008 No. 153] (“the principal Rules”) regulate the exercise of rights of appeal to the Northern Ireland Valuation Tribunal (“the Tribunal”) and prescribe the practice and procedure in relation to proceedings before the Tribunal.

These Rules amend the principal Rules in consequence of the introduction of a right of appeal to the Tribunal against the result of a review by the Department of Finance and Personnel of—

• a decision made by it in relation to an application for a rate reduction under the Rate Relief (Energy Efficiency Homes Scheme) Regulations (Northern Ireland) 2010 (S.R. 2010 No. 67); or

• a decision made by it in relation to an application for rate relief under the Rate Relief (Low-Carbon Homes Scheme) Regulations (Northern Ireland) 2010 (S.R. 2010 No. 66).

(1)

S.I. 1977/2157 (N.I. 28); Article 36A was inserted by Article 29(1) of the Rates (Amendment) (Northern Ireland) Order 2006, S.I. 2006/2954 (N.I. 18) and Schedule 9B was inserted by Article 29(2) of, and Schedule 1 to, that Order.

(2)

S.R. 2007 No. 182 as amended by S.R. 2008 No. 153.

(3)

S.R. 2010 No. 67.

(4)

S.R. 2010 No. 66.