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The Local Government Changes for England (Valuation and Community Charge Tribunals) Regulations 1996

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Transferred appeals

4.—(1) This regulation applies to any appeal to the Humberside or the North Yorkshire tribunal which—

(a)was initiated before 1st April 1996,

(b)would, had it been initiated on or after that date, have fallen, by virtue of the change to the area of jurisdiction of those tribunals effected by these Regulations, to be disposed of, in the case of the Humberside tribunal, by the Lincolnshire tribunal, and, in the case of the North Yorkshire tribunal, by the East Yorkshire tribunal,

and in relation to which—

(c)if the appeal is such as may be disposed of by way of written representations, there has not been given such written agreement as would enable it to be so disposed of, or

(d)no notice of a hearing has been given.

(2) An appeal to which this regulation applies shall be transferred to, and disposed of by—

(a)in the case of the Humberside tribunal, the Lincolnshire tribunal, and

(b)in the case of the North Yorkshire tribunal, the East Yorkshire tribunal,

and on and after 1st April 1996 the relevant regulations shall apply as if anything done in relation to the appeal by or in relation to the clerk, the president or a chairman of the Humberside or North Yorkshire tribunal had been done by or in relation to the clerk, or, as the case may be, the president or a chairman, of the Lincolnshire tribunal, or the East Yorkshire tribunal, respectively.

(3) In this regulation “relevant regulations” means—

(a)in relation to appeals under section 23 (community charge appeals) of the Local Government Finance Act 1988, or as defined in Part V of the principal Regulations, those Regulations,

(b)in relation to appeals under the Council Tax (Alteration of Lists and Appeals) Regulations 1993(1), those Regulations,

(c)in relation to appeals under regulation 29 (appeal against completion notices) of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993(2), those Regulations, and

(d)in relation to appeals under regulation 36 (appeals against certification) of the Non-Domestic Rating (Chargeable Amounts) Regulations 1994(3), those Regulations.

(1)

S.I. 1993/290; the Regulations were amended by the Council Tax (Alteration of Lists and Appeals) (Amendment) Regulations 1994 (S.I. 1994/1746) and the Local Government Changes for England (Community Charge and Council Tax, Valuation and Community Charge Tribunals and Alteration of Lists and Appeals) Regulations 1995 (S.I. 1995/624).

(2)

S.I. 1993/291; the Regulations were amended by the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) Regulations (S.I. 1994/1809), the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) Regulations 1995 (S.I. 1995/609) and the Local Government Changes for England (Non-Domestic Rating, Alteration of Lists and Appeals) Regulations 1995 (S.I. 1995/623).

(3)

S.I. 1994/3279.

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