Railways (Valuation for Rating) Act 1930

Section 7.

THIRD SCHEDULE Provisions as to determination and apportionment op Receipts and Values by Joint Authority and Railway Assessment Authority

1 The Joint Authority, as soon as they are in a position to determine as regards any undertaking which is carried on in England and in Scotland the average net receipts of the company, so far as those receipts are to be ascertained by the Joint Authority, and to apportion the amount of those receipts between England and Scotland, shall publish, in such manner as the Minister and the Secretary of State may direct, a notice stating the amount which they propose to fix as being the amount of those net receipts, and their proposed apportionment thereof between England and Scotland.

2 Where any such notice as aforesaid with respect to any undertaking has been published by the Joint Authority, representations in writing with respect to the amount which the Joint Authority propose to fix as the amount of the average net receipts of the company, or with respect to their proposed apportionment of that amount between England and Scotland, may, within two months from the date of the publication, be made to the Joint Authority by the railway company, by the county valuation committee of any county and the council of any county borough, being a county or county borough in England within which the undertaking is carried on, by any Scottish public authority and by the rating authority of any area in Scotland within which the undertaking is carried on.

Every such representation shall contain short particulars of the grounds on which the person making it is dissatisfied and a statement of the alterations which ought, in his opinion, to be made.

3 The Joint Authority shall take into consideration every representation made to them under the last preceding paragraph and shall invite the person making it and such other persons as they think fit to appear before them for the purpose of being heard by them with respect thereto.

4 So soon as may be after all representations made to them under this Schedule with respect to any undertaking have been considered as aforesaid, or, if no representation is made to them within the period allowed for the making of representations, then so soon as may be after the expiration of that period, the Joint Authority shall proceed to determine the average net receipts of the undertaking so far as such receipts are to be determined by them and to apportion those receipts between England and Scotland, and in so doing may make such alterations in the amount of the receipts, or in the apportionment originally proposed by them, as they may consider to be necessary for the purpose of giving effect to such, if any, of the representations made as appear to them to be well founded, or for the purpose of correcting any clerical or arithmetical errors.

The Joint Authority shall, so soon as may be, certify the amount so determined by them and their apportionment thereof to the Authority and to the Assessor of Railways and Canals for Scotland, and shall publish their certificate in such manner as the Minister and the Secretary of State may direct.

5 The Railway Assessment Authority (hereafter in this Schedule referred to as "the Authority"), so soon as they are in a position to determine with respect to any railway company the net annual value of the undertaking as a whole, or the net annual value of the undertaking as a whole in so far as it is carried on in England, the apportionment thereof amongst the several railway hereditaments in England occupied by the company and the net annual and rateable values of each hereditament, shall settle a draft of the part of the railway valuation roll which relates to that undertaking and send to the railway company and to the county valuation committee of every county and the rating authority of every rating area, being a county or rating area in England within which the undertaking is carried on—

(a) a notice stating that a draft of that part was settled on a specified date and is open to inspection; and

(b) such information as to the contents of that part as maybe prescribed to be sent to railway companies, county valuation committees and rating authorities respectively ;

and every rating authority shall forthwith give such notice as to the receipt of, and afford such facilities for the inspection of, that information as may be prescribed.

6 Where any such notice as aforesaid with respect to any undertaking has been given by the Authority, representations in writing with respect to the proposals of the Authority, as contained in the draft of the relevant part of the roll, may, within such period, not being less than two months from the date of the notice, as may be specified therein, be made to the Authority by the persons hereinafter mentioned, that is to say :—

(a) with respect to the amount which the Authority propose to fix as being the amount of the average net receipts of the company so far as those receipts are to be ascertained by them, or the amount which they propose to fix as the net annual value of the undertaking as a whole, or of the undertaking as a whole in so far as it is carried on in England, by the railway company and by the county valuation committee of any county and the council of any county borough, being a county or county borough within which the undertaking is carried on;

(b) with respect to the Authority's proposal to treat any premises as being, or as not being, a railway hereditament, or a part of a railway hereditament, or with respect to the amount which the Authority propose to fix as the net annual value or rateable value of any railway hereditament, by the railway company and by the county valuation committee of the county and the rating authority of the rating area within which the hereditament is situate and by any person aggrieved.

Every such representation shall contain short particulars of the grounds on which the person making it is dissatisfied, and a statement of the alterations which ought, in his opinion, to be made.

7 The Authority shall take into consideration every representation made to them under the last preceding paragraph, and shall invite the person making it and such other persons as they think fit to appear before them for the purpose of being heard by them with respect thereto :

Provided that, upon a representation made under sub-paragraph (6) of the last preceding paragraph, the Authority shall not enter upon any inquiry as to the correctness of the amount proposed to be fixed as the net annual value of the undertaking as a whole, or of the undertaking as a whole, in so far as it is carried on in England and they shall not upon any representation made to them enter upon any inquiry as to the correctness of any amount, or the fairness of any apportionment, certified by the Joint Authority.

8 So soon as may be after all representations made to them under this Schedule with respect to any undertaking have been considered as aforesaid, or, if no representation is made within the period allowed for the making of representations, then so soon as may be after the expiration of that period, the Authority shall proceed to determine the net annual value of the undertaking as a whole, or the net annual value thereof as a whole in so far as it is carried on in England, as the case may be, the apportionment of that value among the several railway hereditaments occupied by the railway company, the manner in which those hereditaments are to be classified and the net annual and rateable values of each hereditament; and in so doing the Authority may make such alterations in any value, apportionment or classification originally proposed by them as they may consider to be necessary for the purpose of giving effect to such, if any, of the representations made as appear to them to be well-founded, or for the purpose of correcting any clerical or arithmetical errors or, if any appeal against a certificate of the Joint Authority has previously been decided, for the purpose of giving effect to the decision thereon.