The Valuation Tribunal (Amendment) Rules (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 153

Rates

The Valuation Tribunal (Amendment) Rules (Northern Ireland) 2008

Made

31st March 2008

Coming into operation

5th May 2008

To be laid before Parliament

The Lord Chancellor makes the following Rules in exercise of the powers conferred by Article 36A(3) of, and paragraphs 7 to 13 of Schedule 9B to, the Rates (Northern Ireland) Order 1977(1).

Citation and commencement

1.  These Rules may be cited as the Valuation Tribunal (Amendment) Rules (Northern Ireland) 2008 and shall come into operation on 5th May 2008.

Amendment to the Valuation Tribunal Rules (Northern Ireland) 2007

2.  The Valuation Tribunal Rules (Northern Ireland) 2007(2) shall be amended in accordance with rules 3 to 7.

3.—(1) In rule 2(1) (Interpretation)—

(a) after the definition of “the 2007 Regulations” insert—

““the 2008 Regulations” means the Rate Relief (Lone Pensioner Allowance) Regulations (Northern Ireland) 2008;”;

(b) in the definition of “appeal”—

(i) in paragraph (a) omit “or”; and

(ii) after paragraph (b) insert—

“or

(c) regulation 10(1) of the 2008 Regulations;”;

(c) after the definition of “appeal” insert—

““the Executive” means the Northern Ireland Housing Executive;”; and

(d) in the definition of “respondent”—

(i) in paragraph (a) omit “and”; and

(ii) after paragraph (b) insert—

“and

(c) in relation to an appeal under regulation 10(1) of the 2008 Regulations, means the Department or the Executive as the case may be;”.

4.  In rule 5 (Notice of appeal) after paragraph (d) insert—

“(e) an appeal under regulation 10(1) of the 2008 Regulations shall be instituted by delivering to the Secretary a notice of appeal in accordance with Form 5 within 28 days of the Department or, as the case may be, the Executive issuing the notice of the result of the review.”.

5.  In rule 22 (Case stated for the Court of Appeal) for paragraph (1) substitute—

“(1) An application under—

(a) Article 31A(12C) of the 1977 Order; or

(b) regulation 12(2) of the 2007 Regulations; or

(c) regulation 10(2) of the 2008 Regulations,

for a case to be stated upon a point of law for the decision of the Court of Appeal shall be made by delivering to the Secretary—

(i) within 14 days of the receipt of the notice in writing of the decision of the Valuation Tribunal by the applicant, a notice of application stating the point of law upon which the applicant wishes to have the decision of the Court of Appeal; and

(ii) within 14 days of delivery to the Secretary of the notice of application referred to in sub-paragraph (i), a draft case.”.

6.  In rule 24 (Service of documents)—

(a) in paragraph (4) after “the Department” insert “or the Executive”; and

(b) in paragraph (8)—

(i) in sub-paragraph (b) omit “and”; and

(ii) after sub-paragraph (c) insert—

“; and

(d) the proper address of the Executive is such address as the Executive from time to time specifies in a notice delivered to the Secretary as being the proper address in all such proceedings.”.

7.  In the Schedule after Form 4 insert the form set out in the Schedule to these Rules.

Signed by the authority of the Lord Chancellor

David Hanson

Minister of State

Ministry of Justice

Dated 31st March 2008

Rule 7

SCHEDULE Form 5

EXPLANATORY NOTE

(This note is not part of the Rules)

The Valuation Tribunal Rules (Northern Ireland) 2007 [S.R. 2007 No. 182] (“the principal Rules”) regulate the exercise of rights of appeal to the Northern Ireland Valuation Tribunal (“the Tribunal”) and prescribe the practice and procedure in relation to proceedings before the Tribunal.

These Rules amend the principal Rules in consequence of the introduction of a right of appeal to the Tribunal against the result of a review by the Department of Finance and Personnel or the Northern Ireland Housing Executive of a decision made by it on an application for a rate rebate under the Rate Relief (Lone Pensioner Allowance) Regulations (Northern Ireland) 2008, [S.R. 2008 No. 124].

(1)

S.I. 1977/2157 (N.I. 28); Article 36A was inserted by Article 29(1) of the Rates (Amendment) (Northern Ireland) Order 2006, S.I. 2006/2954 (N.I. 18) and Schedule 9B was inserted by Article 29(2) of, and Schedule 1 to, that Order.

(2)

S.R. 2007 No. 182.