SCHEDULES
SCHEDULE 11 Tribunals
F9Part 2 Valuation Tribunals: Wales
Establishment
1
1
2
The regulations may include such provision as he sees fit
F14a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
F13... in relation to membership, staff, accommodation, equipment, procedure and other matters relating to tribunals.
F101A
In this Part, references to a tribunal are references to any tribunal established in relation to Wales by regulations under paragraph 1.
Jurisdiction
2
The tribunals shall exercise the jurisdiction conferred on them by—
a
section 23 above;
b
regulations under section 55 above.
F2c
paragraph 4 of Schedule 4A above.
F8ca
paragraph 5C of Schedule 9 above;
F20cb
regulations under paragraph 6AA of Schedule 9 above;
F21cc
paragraph 7A of Schedule 9 above;
F3d
section 16 of the 1992 Act;
e
regulations under section 24 of that Act;
f
paragraph 3 of Schedule 3 to that Act.
F153
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arbitration
4
1
This paragraph applies as regards any matter which falls within the jurisdiction conferred on tribunals by or under this Act.
2
The Secretary of State may by regulations provide that, where the persons mentioned in sub-paragraph (3) below agree in writing that the matter is to be referred to arbitration, the matter shall be so referred.
3
The persons are the persons who, if the matter were to be the subject of an appeal to a tribunal, would be the parties to the appeal.
Membership
5
1
Regulations under paragraph 1 above may include provision—
a
that the number of members of a tribunal is to be such as is determined by the Secretary of State;
b
for the appointment by a prescribed person or persons of the members of each tribunal;
c
that one of the members is to be president of the tribunal;
d
that the president is to be appointed by the members by a prescribed method, and that if one is not so appointed within a prescribed period the president is to be appointed by the Secretary of State after consulting such prescribed persons as he sees fit;
e
that some of the members (who may include the president) are to be appointed to the position of chairman, that the number to be appointed is to be stated by a prescribed person or persons, and that the appointments are to be made by the members themselves by a prescribed method or (if they default) by a prescribed person or persons;
f
that persons are to be disqualified from becoming or continuing to be members in prescribed circumstances;
g
that members are to be disqualified from acting in cases falling within prescribed descriptions;
h
that prescribed factors are not to disqualify persons from becoming or continuing to be members;
i
that prescribed factors are not to disqualify members from acting;
j
as to the duration (subject to disqualification, termination or resignation) of any appointment as president or member or chairman;
k
allowing the Secretary of State to terminate an appointment as president;
l
requiring the person or persons who appointed a member to terminate the appointment if the Secretary of State so directs after consulting the person or persons who made the appointment;
m
allowing a president to terminate a person’s appointment as chairman, and requiring a president to do so if the Secretary of State directs him to do so;
n
allowing a person appointed as president or member or chairman to resign if such notice as may be prescribed is given;
o
that a person who ceases to be president or member or chairman is to be eligible for re-appointment in prescribed circumstances;
2
The regulations may include provision for the administration of members’ allowances to be the responsibility of the clerk of the tribunal.
Staff
6
1
Regulations under paragraph 1 above F17... may include provision—
a
that a tribunal shall appoint a clerk of the tribunal and may appoint other employees;
b
that a tribunal shall pay to its employees such remuneration and allowances as the tribunal determines;
c
that (subject to disqualification) employees shall be appointed on such other terms and conditions as the tribunal may determine;
d
that an appointment shall be invalid unless made with the approval of the Secretary of State;
e
that a determination as to remuneration or allowances shall be invalid unless made with the approval of the Secretary of State given with the Treasury’s consent;
f
that persons are to be disqualified from becoming or continuing to be employees in prescribed circumstances;
g
that employees are to be disqualified from acting in cases falling within prescribed descriptions;
h
that prescribed factors are not to disqualify persons from becoming or continuing to be employees;
i
that prescribed factors are not to disqualify employees from acting.
2
The regulations may include provision—
a
that any function of making an appointment, or determining remuneration or allowances or other terms or conditions, may be performed on behalf of a tribunal by two or more of its members;
b
that one of those members must be the president.
3
The regulations may include provision for the administration of employees’ remuneration and allowances to be the responsibility of the clerk of the tribunal.
4
The regulations may include provision that where a person ceases to be employed by a local valuation panel and immediately becomes employed by a F5valuation tribunal, for the purposes of F6the Employment Rights Act 1996 his period of employment by the panel shall count as a period of employment by the tribunal and the change of employment shall not break the continuity of the period of employment.
5
For the purposes of sub-paragraph (4) above a local valuation panel is a local valuation panel constituted under a scheme under section 88 of the 1967 Act.
F76
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Accommodation and equipment
7
1
Regulations under paragraph 1 above F18... may include provision requiring a tribunal to—
a
maintain a permanent office, and
b
make arrangements to secure that the tribunal has such other accommodation, and such secretarial and other equipment, as is sufficient for the performance of its functions.
2
The regulations may include provision that any function as to accommodation or equipment may be performed on behalf of a tribunal by its clerk.
F11Dealing with appeals
Sch. 11 Pt. 2 para. 7A cross-heading substituted (1.10.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 15 para. 10(1); S.I. 2008/3110, art. 6(c)(ii)
F197A
1
Regulations under paragraph 1 above may include—
a
provision for determining which tribunal is to deal with an appeal;
b
provision that prescribed functions of a tribunal relating to an appeal may be discharged on its behalf by its clerk or other prescribed employee;
c
provision that prescribed functions of a tribunal relating to an appeal may be discharged on its behalf by one of its members;
d
provision that prescribed functions of a tribunal relating to an appeal may be discharged on its behalf by some of its members;
e
provision as to the selection of a member who is to discharge functions relating to an appeal on behalf of a tribunal (which may include provision that he must be the president or a chairman);
f
provision as to the number and selection of members who are to discharge functions relating to an appeal on behalf of a tribunal (which may include provision that one of them must be the president or a chairman).
Sch. 11 Pt. 2: Sch. 11 paras. 1-7A renumbered as Sch. 11 Pt. 2 (1.10.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 15 para. 3; S.I. 2008/3110, art. 6(c)(ii)