Rates (Northern Ireland) Order 1977

[F1 Rules N.I.

F1 Sch. 9B inserted (23.11.2006 for certain purposes, otherwise 1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 29(2), Sch. 1; S.R. 2006/464, art. 2(1)(4), Sch. 1

7.— (1) The Lord Chancellor may make rules— N.I.

(a) regulating the exercise of a right of appeal to the Tribunal;

(b) about practice and procedure in relation to proceedings before the Tribunal.

(2) Nothing in paragraphs 8 to 13 affects the generality of sub-paragraph (1).

(3) Rules made under this paragraph shall be subject to [F2 negative resolution].

F2 Words in Sch. 9B para. 7(3) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 113(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)

8.   Rules may include provision— N.I.

(a) determining by which tribunal any appeal is to be determined where the jurisdiction of the Tribunal is being exercised by more than one tribunal;

(b) providing that the chairman of any such tribunal must be the President or a legal member;

(c) determining which members of the Tribunal are to hear any appeal;

(d) enabling functions of the Tribunal specified in the rules to be discharged by such person as may be determined by or under the rules.

9.   Rules may include provision— N.I.

(a) specifying the procedure to be followed for initiating an appeal (including the time within which an appeal must be brought);

(b) authorising an appeal to be disposed of with the consent of the parties on the basis of written representations;

(c) specifying the procedure to be followed before the hearing of an appeal;

(d) authorising an appeal to be withdrawn in circumstances specified in the rules.

10.   Rules may include provision that, subject to any other provision of the rules, the Tribunal may regulate its own procedure. N.I.

11.— (1) Rules may include provision— N.I.

(a) for requiring hearings of appeals to take place in public except in circumstances specified in the rules;

(b) for parties to the appeal to be represented by such persons as may be determined by or under the rules;

(c) for authorising hearings of appeals to proceed in the absence of a party or parties to the appeal in circumstances specified in the rules;

(d) for requiring persons to attend to give evidence and produce documents;

(e) as to evidence generally (whether written evidence or oral evidence given under oath or affirmation);

(f) as to the adjournment of hearings.

(2) Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of sub-paragraph (1)(d) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

12.   Rules may include provision— N.I.

(a) that where two or more members of a tribunal are acting the decision of the majority is to prevail or, if the votes are equal, the chairman is to have a casting vote;

(b) requiring reasons for a decision to be given;

(c) authorising a decision to be given orally or in writing;

(d) authorising or requiring an order to be made in consequence of a decision;

(e) that an order may require a valuation list to be altered;

(f) enabling the Tribunal to review its decisions, or to vary or revoke an order of the Tribunal, in such circumstances as may be determined in accordance with the rules.

13.   Rules may include provision— N.I.

(a) for the registration and proof of decisions and orders of the Tribunal;

(b) authorising the correction of clerical errors in records of decisions and orders;

(c) requiring decisions, orders and corrections to be communicated to the parties to appeals.]