The Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009

Regulation 25(5)

SCHEDULE MODIFICATIONS OF THE NON-DOMESTIC RATING (ALTERATION OF LISTS AND APPEALS) REGULATIONS 1993 AS TO ENGLAND ONLY

Provision	Modification
Regulation 2(1) (interpretation: general)	For the definition of “clerk” substitute “ “clerk” means the clerk of the VTE appointed under paragraph 8 of Schedule 4 to the Local Government Act 2003 in accordance with paragraph 9 of that Schedule;”. For the definitions of “tribunal” and “the relevant valuation tribunal” substitute— ““VTE” means the Valuation Tribunal for England; “VTE panel”, in relation to an appeal, means the members of the VTE selected to deal with the appeal in accordance with tribunal business arrangements(1); “VTE President” means the person who, for the time being, is the President of the VTE; and “VTS” means the Valuation Tribunal Service(2).”.
Regulation 4 (circumstances in which proposals may be made): relevant to lists compiled before 1st April 1995(3).	In paragraphs (4)(b), (7)(b) and (12)(f), for “a valuation tribunal”, substitute “the VTE” and, after “Lands Tribunal”, insert “or Upper Tribunal”.
Regulation 4A (circumstances in which proposals may be made): relevant to lists compiled after 31st March 1995 and before 1st April 2005.	In paragraphs (1)(d) and (6), for “a valuation tribunal”, substitute “the VTE” and, after “Lands Tribunal”, insert “or Upper Tribunal”.
Regulation 5 (manner of making proposals and information to be included): relevant only to lists compiled on 1st April 1990(4).	In paragraph (1)(d)(iii), for “a valuation tribunal”, substitute “the VTE” and, after “Lands Tribunal”, insert “or Upper Tribunal”.
Regulation 7 (proposals treated as invalid)	In paragraph (3)(b), for “relevant valuation tribunal”, substitute “VTE”. In paragraph (10)(b), for “valuation tribunal”, substitute “VTE” and, after “Lands Tribunal” (in both places), insert “or Upper Tribunal”.
Regulation 12 (disagreement as to proposed alteration)(5)	In paragraph (1), for “relevant valuation tribunal”, substitute “VTE”. In paragraphs (2) and (3) omit “of the tribunal”.
Regulation 13A (time from which alteration is to have effect: general)(6)	In paragraph (12), for “a valuation tribunal” substitute “the VTE” and after “Lands Tribunal” insert “or Upper Tribunal”.
Regulation 18 (notification of alteration)	In paragraph (3A)(b)(7), for “a valuation tribunal” substitute “the VTE” and after “Lands Tribunal” insert “or Upper Tribunal”. In paragraph (4)— (a) in sub-paragraph (a) for “that tribunal” substitute “the VTE”; and (b) for “relevant valuation tribunal” substitute “VTE” and after “Lands Tribunal” insert “or Upper Tribunal”.
Regulation 20 (interpretation)	Omit the definition of “relevant valuation tribunal”.
Regulation 28 (disagreement as to proposed alteration)	In paragraph (1), for “relevant valuation tribunal” substitute “VTE”. In paragraph (2), omit “of the tribunal”.
Regulation 32 (jurisdiction: exception)	Omit.
Regulation 33 (arrangements for appeals)	In paragraph (1), for “president of a valuation tribunal” substitute “VTE President”. In paragraph (4)(a), for “president of the valuation tribunal” substitute “VTE President”.
Regulation 35 (disposal by written representations)	In paragraph (5), for “a tribunal constituted as provided in regulation 40” substitute “the VTE panel”. In paragraph (6), for the words from the beginning to “paragraph (5)” substitute “the VTE panel”. In paragraph (7), for “a tribunal” substitute “the VTE panel”.
Regulation 36 (pre-hearing review)	For “a chairman appointed under regulation 8 of the Valuation and Community Charge Tribunals regulations 1989” substitute “the VTE panel selected in accordance with tribunal business arrangements”.
Regulation 37 (notice of hearing)	In paragraph (2), omit sub-paragraph (a).
Regulation 38 (disqualification from participating)	In paragraph (1), after “a member” (where those words first appear) insert “of the VTE panel” and for “acting as clerk or officer of a tribunal” substitute “, as an employee of the VTS, assisting the VTE panel”.
Regulation 39 (representation at the hearing)	For “member, clerk or other employee of the valuation tribunal” substitute “member of the VTE or the VTS or an employee of the VTS”.
Regulation 40 (conduct of the hearing)	For paragraph (1) substitute— “(1) The VTE’s function of hearing or determining an appeal shall be discharged by a VTE panel; and, except where paragraph A18 of Schedule 11 to the Act applies, a senior member of the VTE shall preside;(8).”. Omit paragraph (2). In paragraph (3), for “tribunal” substitute “VTE or the VTE panel”. In paragraphs (4) to (13), for “tribunal” substitute “VTE panel”.
Regulation 41 (evidence: general)	In paragraphs (4)(b) and (7), for “tribunal” substitute “VTE”.
Regulation 43 (decisions)	For paragraph (1) substitute— “(1) Where an appeal is to be dealt with by a VTE panel consisting of three persons, it may be decided by a majority of those persons; and where it is to be dealt with by two persons and they are unable to agree, it shall be referred to the VTE President, who shall either deal with the appeal personally or make arrangements for it to be dealt with by another senior member of the VTE or by a VTE panel other than that originally selected.”.
Regulation 44 (orders)	In paragraphs (1), (2) and (6), for “tribunal” substitute “VTE”.
Regulation 45 (review of decisions)	In paragraph (1), for “a tribunal constituted as provided in paragraph (4)” substitute “the VTE” and omit “under the hand of the presiding member”. In paragraph (2), after “Lands Tribunal” insert “or Upper Tribunal(9)”. For paragraph (4) substitute— “(4) Tribunal business arrangements (10) shall apply in relation to the selection of members of the VTE to review a decision or part of a decision as if the review were an appeal.”. In paragraph (5)(c), after “Lands Tribunal” insert “or Upper Tribunal” and for “tribunal’s” substitute “VTE’s”. In paragraph (7), for “a tribunal” substitute “the VTE”. In paragraph (8), for “tribunal” substitute “VTE”. In paragraph (9), for “Lands Tribunal” substitute “Upper Tribunal”.
Regulation 46 (records of decisions, etc)	In paragraph (5), for “tribunal concerned” substitute “VTE”. In paragraph (7), for the words from the beginning to “an appeal” substitute “The VTE”.
Regulation 47 (appeals)	In paragraph (1), for “Lands Tribunal” substitute “Upper Tribunal” and for “a tribunal” substitute “the VTE”. In paragraph (2)(b), for “tribunal” substitute “VTE”. In paragraph (5), for “Lands Tribunal” substitute “Upper Tribunal” and for “tribunal” substitute “VTE”. In paragraph (6), for “Lands Tribunal” substitute “Upper Tribunal” and for “subject to this requirement” substitute “as if the reference to a tribunal included a reference to the Upper Tribunal”.
Regulation 48 (arbitration)	Substitute— “48.— (1) Where the persons mentioned in paragraph (2) agree in writing that a matter falling within the VTE’s jurisdiction is to be referred to arbitration, the matter shall be so referred(11). (2) The persons are the persons who, if the matter were to be the subject of an appeal to the VTE, would be the parties to the appeal.”
Regulation 49 (notification of further proceedings)	In paragraph (1)(a), for “a tribunal” substitute “the VTE”. In paragraph (1)(b), for “Lands Tribunal” substitute “Upper Tribunal”. In paragraphs (3) and (4), for “Lands Tribunal” substitute “Upper Tribunal” and omit “to the relevant valuation tribunal”.

(1)

See paragraph A17 of Schedule 11 to the Local Government Finance Act 1988, which was inserted by the Local Government and Public Involvement in Health Act 2007 (c.28), Schedule 15, paragraphs 1 and 2

(2)

The Valuation Tribunal Service is the body corporate established by section 105 of the Local Government Act 2003 (c.26).

(3)

Regulation 4 was revoked and replaced by regulation 4A as to lists compiled on or after 1st April 1995, by S.I. 1995/609. Regulation 4A was saved, as to lists compiled before 1st April 2005, by S.I. 2005/659.

(4)

Substituted by S.I. 1995/609.

(5)

Amended, as to England, by S.I. 1994/1809, 2000/598 and 2003/1999.

(6)

Inserted, as to England, by S.I. 2000/598. There are other amendments but none is relevant to these Regulations.

(7)

Inserted by S.I. 2003/1999.

(8)

As to “senior member” see paragraph A17(4) of Schedule 11 to the Local Government Finance Act 1988. The panel of chairmen referred to in paragraph A17(4)(c) are the members of the Tribunal referred to in paragraph A4 of that Schedule. That paragraph and paragraph A17 are inserted by paragraphs 1 and 2 of Schedule 15 to the Local Government and Public Involvement in Health Act 2007 (c.28).

(9)

The Upper Tribunal has replaced the Lands Tribunal; see S.I. 2009/1307.

(10)

See paragraph A17(2) of Schedule 11 to the Local Government Finance Act 1988 inserted by the Local Government and Public Involvement in Health Act 2007 (c.28), Schedule 15. paragraphs 1 and 2.

(11)

See section 94 of the Arbitration Act 1996 (c.23).