This Scottish Statutory Instrument has been printed to correct errors in S.S.I. 2022/364 and S.S.I. 2022/365 and is being issued free of charge to all known recipients of those instruments.
2023 No. 40
The First-tier Tribunal for Scotland Local Taxation Chamber and Upper Tribunal for Scotland (Rules of Procedure) (Miscellaneous Amendment) Regulations 2023
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraph 4(2) of schedule 9 of the Tribunals (Scotland) Act 20141 and all other powers enabling them to do so.
In accordance with paragraph 4(3) of schedule 9 of that Act, the Scottish Minsters have consulted the President of the Scottish Tribunals and such other persons as they consider appropriate.
Citation and commencement1
These Regulations may be cited as the First-tier Tribunal for Scotland Local Taxation Chamber and Upper Tribunal for Scotland (Rules of Procedure) (Miscellaneous Amendment) Regulations 2023 and come into force on 1 April 2023.
Amendment of the First-tier Tribunal for Scotland Local Taxation Chamber (Rules of Procedure) Regulations 20222
1
The schedule of the First-tier Tribunal for Scotland Local Taxation Chamber (Rules of Procedure) Regulations 20222 is amended as follows.
2
In rule 1 (interpretation)—
a
b
in the definition of “the Valuation Acts”, for “Lands Valuation (Scotland) Act 1854” substitute “1854 Act”
,
c
in the definition of “appeal”—
i
after sub-paragraph (a), insert—
aa
a council tax appeal
ii
in sub-paragraph (b), omit heads (ii) and (iii),
d
in the definition of “council tax appeal”—
i
after “valuation” insert “appeal”
,
ii
omit “, 87(6) (alteration of lists)”,
iii
after “1992 Act” insert “, or Part II (alteration of valuation list) of the 1993 Regulations”
.
3
In rule 6 (dismissal of a case), in paragraph (3)—
a
in sub-paragraph (a) omit “or”,
b
at the end of sub-paragraph (b) insert—
or
c
provide the written statement specified in rule 25(9), in accordance with that rule,
4
In rule 17 (decision of the First-tier Tribunal), in paragraph (6), for “(4)(a)” substitute “(5)(a)”
.
5
In rule 20 (expenses), omit paragraph (5).
6
In rule 22 (signature of documents), in sub-paragraph (b)(ii), for “a” substitute “the”
.
7
In rule 23 (sending and delivery of notices and documents), in paragraph (2)(a), omit “electronic” where it second occurs.
8
At the end of rule 25 (appeals lodged prior to 1 April 2023), insert—
9
The appellant must, not later than 35 days before the date set for the hearing, provide to the assessor and the First-tier Tribunal a written statement specifying—
a
the grounds of appeal; and
b
if the appeal relates to the rateable value or net annual value of the lands and heritages as entered in the valuation roll, the valuation which the appellant considers should be entered in the roll and the grounds on which that valuation is arrived at.
10
The assessor must provide to the appellant and the First-tier Tribunal a written statement specifying the grounds on which the entry in the valuation roll was arrived at—
a
within 28 days, beginning on the date of receipt of the statement described in paragraph (9), and
b
not later than 21 days before the date set for the hearing.
11
If the appellant does not provide the written statement specified in paragraph (9), in accordance with that paragraph, the First-tier Tribunal may dismiss the appeal in accordance with rule 6(3)(c) (dismissal of a case).
9
In rule 26 (notice of appeal)—
a
in paragraph (2)—
i
in sub-paragraph (i)—
aa
after “sent”, omit “under regulations made”,
bb
for “14” substitute “15”
,
ii
in sub-paragraph (j), for “16” substitute “18”
,
b
in paragraph (5), for “the schedule of the Valuation Timetable (Scotland) Order 2022,” substitute “schedule 1 of the 2022 Order.”
.
10
In rule 27 (confirmation of receipt of appeal by the First-tier Tribunal)—
a
in paragraph (1)(b), for “26(3)(b)” substitute “26”
,
b
in paragraph (2)(a)(iii), for “14” substitute “15”
,
c
in paragraph (3), after “the” where it first occurs insert “information and”
.
11
In rule 35 (notice of appeal), in paragraph (3)—
a
in sub-paragraph (c), for “service” substitute “date of service”
,
b
in sub-paragraph (f)(ii), for “13 February” substitute “15 May”
,
c
in each of sub-paragraphs (g) and (h), for “10” substitute “9”
.
Amendment of the Upper Tribunal for Scotland (Local Taxation Rules of Procedure) Regulations 20223
1
The Upper Tribunal for Scotland (Local Taxation Rules of Procedure) Regulations 20225 are amended as follows.
2
In schedule 1 (the Upper Tribunal for Scotland Local Taxation Rules of Procedure 2022), in each of rule 31 (reviews) and rule 32(1) (appeal), for “that Act” substitute “the 2014 Act”
.
3
In schedule 3 (form of appeal referral)—
a
for “26” where it first occurs substitute “30 (decision on referral to the Upper Tribunal)”
,
b
for “2023”, in each place where it occurs, substitute “2022”
,
c
for “23” substitute “26 (notice of appeal)”
,
d
for “26” where it second occurs substitute “29 (application for referral to the Upper Tribunal)”
.
(This note is not part of the Regulations)