The Valuation Tribunals (Wales) (Amendment) Regulations 2004

Welsh Statutory Instruments

2004 No. 1312 (W.138)

LOCAL GOVERNMENT, WALES

The Valuation Tribunals (Wales) (Amendment) Regulations 2004

Made

11th May 2004

Coming into force

31st May 2004

The National Assembly for Wales, in exercise of the powers vested in it under section 143(2) of and paragraphs 1 and 5 of Schedule 11 to the Local Government Finance Act 1988(1) hereby makes the following Regulations:

Name, application and commencement

1.  These Regulations are called the Valuation Tribunals (Wales) (Amendment) Regulations 2004, they apply to Wales only and come into force on 31st May 2004.

Interpretation

2.  In these Regulations —

“the 1995 Regulations” (“Rheoliadau 1995”) means the Valuation Tribunals (Wales) Regulations 1995(2).

Amendment of the 1995 Regulations

3.  The 1995 Regulations are amended as follows:

(a) Regulation 4(2)(d) is omitted;

(b) Regulation 7(1)(e) is omitted.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3).

D. Elis-Thomas

The Presiding Officer of the National Assembly

11th May 2004

Explanatory Note

(This note is not part of the Regulations)

Section 143(2) of and paragraphs 1 and 5 of Schedule 11 to the Local Government Finance Act 1988 confer upon the Secretary of State the power to make regulations in relation to Valuation Tribunals. Insofar as they relate to Wales, these powers were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999. The principal regulations for Wales, made under these powers are the Valuation Tribunals (Wales) Regulations 1995 (“the 1995 Regulations”) as amended by the Valuation Tribunals (Amendment) (Wales) Regulations 2001 (“the 2001 Regulations”). These present Regulations make further provision in respect of Valuation Tribunals in Wales.

The 1995 Regulations make provisions in relation to the membership of Valuation Tribunals in Wales. Regulation 4(2)(d) provides that a member of a tribunal will cease to hold office once attaining the age of 72 years.

Regulation 7(1)(e) of the 1995 Regulations provides that a member shall be disqualified from being appointed or continuing to be a member if aged 72 years or more.

Regulation 3 of these Regulations amend the 1995 Regulations so that Regulations 4(2)(d) and 7(1)(e) are omitted. The effect of this amendment is that a member of a Valuation Tribunal in Wales will not cease to hold office or be disqualified from being appointed or continuing to be a member once attaining the age of 72 years.

(1)

1988 c. 41. Section 143(2) was amended by section 139 of and paragraphs 72 and 79(3) of Schedule 5 to the Local Government and Housing Act 1989 (c. 42 ). Paragraph 1 and 5 of Schedule 11 was amended by section 117(1) of and paragraphs 88(1), (3) and (13) of Schedule 13 to the Local Government Finance Act 1992 (c. 14) with effect in relation to financial years beginning on or after 1st April 1993. The functions of the Secretary of State under the above sections and schedule were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672.

(2)

S.I. 1995/3056 as amended by the Valuation Tribunals (Amendment) (Wales) Regulations 2001, S.I. 2001/1439 (W.101).

(3)

1998 c. 38.