The Valuation Tribunals (Consequential Modifications and Saving and Transitional Provisions) (England) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 13 of the Local Government and Public Involvement in Health Act 2007 establishes the Valuation Tribunal for England (“the VTE”), abolishes existing valuation tribunals in England and transfers their jurisdiction to the VTE. Part 13 and the related Schedules 15 and 16 are partially in force by virtue of S.I. 2008/917. The rest of that Part and those Schedules are brought into force on 1st October 2009 by virtue of S.I. 2008/3110.

These Regulations, which apply in relation to England only, are made in consequence of the transfer of jurisdiction to the VTE.

Regulation 3 provides for the Valuation and Community Charge Tribunals Regulations 1989 (“the 1989 Regulations”) to have effect, as to England, as if made under Schedule 11 to the Local Government Finance Act 1988 as amended by the Local Government and Public Involvement in Health Act 2007. Those Regulations are revoked, as to England, with the exception of Part 4, which relates to community charge appeals, and specified provisions of Part 1. Part 4 and the specified provisions of Part 1 are modified as shown in Part 1 of the Schedule to the Regulations. The opportunity has been taken to make minor changes, including taking into account in the modified regulation 31(1)(d) that the Upper Tribunal has superseded the Lands Tribunal. There are also minor drafting changes, including the use in the modified Part 4 of words that are gender-neutral. The saved provisions of Parts 1 and 4, as modified, are set out in Part 2 of the Schedule.

Regulation 4 makes transitional provision in relation to any community charge appeals that may have been made but not determined by 1st October 2009 and any reviews of decisions on such appeals that have not been concluded by that date.

(Part 5 of the 1989 Regulations, which deals with council tax appeals, is re-enacted with changes to take account of the transfer of jurisdiction to the VTE, and other minor and drafting changes, in the Council Tax (Alterations of Lists and Appeals) (England) Regulations 2009 (S.I. 2009/2270) and the Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009 (S.I. 2009/2269).)

No impact assessment has been produced for these Regulations as no impact on the private or voluntary sectors is foreseen.