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Rating and Valuation (Miscellaneous Provisions) Act 1955

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2Alteration of, and proceedings relating to, valuation lists

(1)In section forty of the Act of 1948 (which enables proposals to be made for the alteration of valuation lists) the following subsection shall be inserted after subsection (2):—

(2A)Without prejudice to any right exercisable by rating authorities by virtue of subsection (1) of this section, where—

(a)it appears to a rating authority that a hereditament in their area, which is not included in the list, ought to be included therein, and

(b)the valuation officer gives notice in writing to the rating authority that he does not intend to make a proposal for inserting that hereditament in the list,

the rating authority, at any time within twenty-eight days after the date on which that notice was given, may make a proposal for the alteration of the list by the insertion of that hereditament therein "::

Provided that this subsection shall not apply for the purpose of altering any valuation list in force at the passing of this Act.

(2)Notwithstanding anything contained in the said section forty, a proposal for altering a valuation list in force at the passing of this Act shall not have effect if (not being made by the valuation officer) it is served on the valuation officer after the passing of this Act, and is made otherwise than by the owner or occupier of the hereditament to which it relates.

(3)Where by any provision of subsections (1) to (3) of section forty-one of the Act of 1948 (which relate to the procedure on proposals for the alteration of valuation lists) a step is authorised or required to be taken within a time-limit of seven days or twenty-one days, that provision shall have effect as if the time-limit were twenty-eight days:

Provided that this subsection shall not affect the time within which the valuation officer is required to transmit copies of proposals made by him.

(4)The proviso to subsection (2) of the said section forty-one (under which in certain cases a copy of a proposal need not be served on the occupier) shall cease to have effect.

(5)In accordance with the two last preceding subsections, subsections (1) to (3) of the said section forty-one shall have effect as set out in Part I of the First Schedule to this Act.

(6)The provisions set out in Part II of the First Schedule to this Act shall be substituted for subsections (4) to (7) of the said section forty-one (which relate to objections by valuation officers, to the procedure on proposals where no objection is made or every objection is unconditionally withdrawn, and to the right of appeal where objections are made and not unconditionally withdrawn).

(7)Any officer of a rating authority, acting under any special or general resolution of the authority, 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 authority are authorised or required to institute, carry on, defend or take.

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