The Valuation and Community Charge Tribunals (Transfer of Jurisdiction) Regulations 1989

Citation and commencement

1.  These Regulations may be cited as the Valuation and Community Charge Tribunals (Transfer of Jurisdiction) Regulations 1989 and shall come into force on 1st May 1989.

Interpretation

2.  In these Regulations–

“the Act” means the Local Government Finance Act 1988;

“the 1967 Act” means the General Rate Act 1967;

“the transfer date” means 1st May 1989;

“tribunal” means a valuation and community charge tribunal established by regulations under Schedule 11 to the Act.

Transfer of jurisdiction

3.—(1) On and after the transfer date, tribunals shall (in addition to the jurisdiction conferred on them by section 23 of the Act) exercise the jurisdiction conferred on local valuation courts by–

(a) sections 73(2)(b), 74(3), 75 and 83(6) of the 1967 Act(1);

(b) section 2(5B) and paragraph 11(2) of Schedule 1 to the Rating (Disabled Persons) Act 1978(2);

(c) regulation 6 of the Mixed Hereditaments (Certificate) Regulations 1967(3);

(d) section 78 of the Land Drainage Act 1976(4); and on that date the local valuation courts shall be wound up.

(2) The jurisdiction transferred by paragraph (1) shall be exercised as regards appeals or applications instituted or made before, as well as those instituted or made on or after, the transfer date.

Transitional provisions

4.—(1) This regulation applies to any appeal or application instituted or made under any of the provisions mentioned in regulation 3(1).

(2) Any appeal or application which was instituted before the transfer date shall be continued as an appeal to the valuation and community charge tribunal established for the area for which was constituted the local valuation panel from among whose members the local valuation court to hear and determine the appeal fell to be convened.

(3) In relation to any appeal or, as the case may be, application made under a provision mentioned in paragraph (1)(a) to (c) of regulation 3 which is instituted on or after the transfer date, subject to the provisions mentioned in paragraph (4) the tribunal which is to hear and determine the appeal or application shall be the tribunal established for the area in which the hereditament is situated.

(4) The provisions referred to in paragraph (3) (which are saved by regulation 6(4)) are–

(a) regulation 3 (which deals with extensive undertakings) of the Rating Appeals (Local Valuation Courts) Regulations 1956(5); and

(b) regulation 3 (which deals with contiguous and neighbouring hereditaments) of the Local Valuation Panels (Jurisdiction) Regulations 1967(6).

(5) In relation to any appeal under section 78 of the Land Drainage Act 1976 which is instituted on or after the transfer date, the tribunal which is to hear and determine the appeal shall be determined in accordance with section 78 of the Land Drainage Act 1976 and the Drainage Rates (Appeals) Regulations 1970(7) (which are saved by regulation 6(4)), in each case as amended as provided by regulation 6.

5.  Schedule 1 shall have effect to provide for continuity of employment in respect of the employees of local valuation panels.

Consequential and supplementary amendments, savings and repeals

6.—(1) The enactments and instruments mentioned in Schedule 2 shall on the transfer date be amended as provided in that Schedule.

(2) Notwithstanding section 117(1) of and Part I of Schedule 13 to the Act, the 1967 Act shall continue to have effect on and after 1st April 1990 in respect of appeals and applications under the enactments referred to in regulation 3(1) instituted before that date.

(3) But sections 88(1) to (4), sections 89 to 92 and 94 of the 1967 Act, section 79(8) of the Land Drainage Act 1976 and regulation 4(3) of the Rating Appeals (Local Valuation Courts) Regulations 1956 shall not have effect on and after the transfer date.

(4) Nothing in section 117(1) of the Act or in this regulation shall affect the Rating Appeals (Local Valuation Courts) Regulations 1956, the Local Valuation Panels (Jurisdiction) Regulations 1967 and the Drainage Rates (Appeals) Regulations 1970 (in each case as amended by Schedule 2) as they apply in respect of appeals and applications to which regulation 4 applies.

Nicholas Ridley

Secretary of State for the Environment

9th March 1989

Peter Walker

Secretary of State for Wales

12th March 1989