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Local Government Act 1948

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This is the original version (as it was originally enacted).

41Proceedings on proposals

(1)Every proposal must—

(a)be made in writing and, except where it is made by the valuation officer, be served on the valuation officer ;

(b)specify the grounds on which the proposed alteration is supported ;

(c)comply with any requirements of any regulations made by the Minister with respect to the form of proposals and otherwise with respect to the making thereof

(2)The valuation officer shall, within seven days after the date on which a proposal is made by or served on him, transmit a copy thereof, together with a statement in writing of the right of objection conferred by the subsequent provisions of this section, to each of the following persons, not being the maker of the proposal, that is to say—

(a)the occupier of the hereditament to which the proposal relates ; and

(b)the rating authority for the area in which the hereditament in question is situated :

Provided that a copy of the proposal need not be transmitted under this subsection to the occupier of the hereditament (not being the rating authority) where the proposal is made otherwise than by the valuation officer and the alteration asked for by the proposal consists only of a reduction in any value ascribed to the hereditament.

(3)Any of the following persons, that is to say, the owner or occupier of the whole or any part of a hereditament to which a proposal relates or the rating authority for the area in which the hereditament is situated may, within twenty-one days from the date on which notice is served under subsection (2) of this section on the occupier or, in the case of the rating authority (where they are not the occupier), on the rating authority, serve on the valuation officer notice in writing of objection to the proposal, and the valuation officer shall, within seven days of the date on which a notice of objection is served on him, transmit a copy thereof to the maker of the proposal.

(4)Where the proposal is made otherwise than by the valuation officer, the valuation officer may, within twenty-one days fr om the date on which the proposal is served on him, serve on the maker of the proposal notice in writing of objection to the proposal.

(5)Where, on the expiration of the times limited by subsections (3) and (4) of this section for the service of notice of objection, no such notice has been served or where every such notice is unconditionally withdrawn, the valuation officer shall cause such alteration to be made in the list as will give effect to the proposal.

(6)Where notice of objection is made and is not unconditionally withdrawn—

(a)the person making the proposal may, by notice of appeal served within the time and on the persons hereinafter mentioned, appeal against the objection to a local valuation court; and

(b)no alteration shall be made in the list in pursuance of the proposal except where notice of appeal is given as aforesaid and then only either—

(i)in pursuance of the directions of a court or arbitrator given under the subsequent provisions of this Part of this Act; or

(ii)by agreement between all the persons entitled to be heard on the appeal.

(7)A notice of appeal under this section shall be in writing, shall be served within twenty-one days from the date when a copy of the notice of objection is received by the appellant or, as the case may be, from the service on the appellant of the notice of objection, and shall be so served—

(a)on the person making the objection ; and

(b)where the rating authority for the area in which the hereditament in question is situated have neither made the objection nor are themselves the appellant, on that authority; and

(c)where the valuation officer has neither made the objection nor is himself the appellant, on the valuation officer.

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