The Local Government Changes for England (Valuation and Community Charge Tribunals) Regulations 1997

Citation, commencement and application

1.—(1) These Regulations may be cited as the Local Government Changes for England (Valuation and Community Charge Tribunals) Regulations 1997 and shall come into force—

(a) for the purposes of paragraphs (2) and (3) of regulation 4 on 11th February 1997, and

(b) for all other purposes on 1st April 1997.

Amendment of the principal regulations

2.  The Valuation and Community Charge Tribunals Regulations 1989(1) (‘the principal regulations’) are amended in accordance with the following provisions of these regulations.

Membership of tribunals

3.—(1) For regulation 4 (membership) there is substituted—

“4.— (1) The Secretary of State shall, subject to paragraph (4), determine the number of members of each tribunal.

(2) The members of each tribunal shall, subject to paragraph (3), be appointed by the body or bodies identified in relation to that tribunal in column 3 of Schedule 1.

(3) Where there is more than one such body there identified—

(a) where in relation to a tribunal numbers are specified in column 4 of Schedule 1, the appointments to that tribunal shall be made by the bodies named in column 3 in the ratio which those numbers bear to one another; and

(b) in any other case the appointments shall be made by each body in equal proportions.

(4) Where by virtue of this regulation more than one body is provided in relation to a tribunal, the number of members determined under paragraph (1) shall be a multiple of—

(a) the sum of any numbers specified in relation to that tribunal in column 4 of Schedule 1; or

(b) where no numbers are so specified, the number of those bodies.

(5) Where the appointment of a member terminates in accordance with these Regulations, a further appointment shall be made by the body which appointed that member.

(6) A person may not be appointed as a member of a tribunal if he or his spouse is an employee of that tribunal.”

(2) In regulation 6 there is added—

(a) in paragraphs (2)(b) and (4), after ‘paragraph (3)’ the words ‘or (3A)’;

(b) after paragraph (3)—

“(3A) Where the appointing body by which a member was appointed has ceased to exist, the president shall, if so directed by the Secretary of State after consultation with him, by notice in writing give the member such period of notice of termination of office under this paragraph as may be so directed.”

(3) For Schedule 1 to the principal regulations there is substituted Schedule 1 below.

Transitional provision

4.—(1) Each member of a tribunal mentioned in column 1 of Schedule 2 (a ‘relevant tribunal’) holding office as such at the end of 31st March 1997 shall continue to hold such office until it terminates in accordance with regulation 6(2) of the principal regulations.

(2) Paragraph (3) applies to any vacancy in the membership of a relevant tribunal—

(a) created by an increase effective on 1st April 1997 in the number of its members, or

(b) existing on that date by reason of the failure of an appointing body to make an appointment before that date, or

(c) occurring on or after that date.

(3) Notwithstanding regulation 4(5) of the principal regulations (as substituted by these regulations), a vacancy to which this paragraph applies shall be filled by the body or bodies specified in relation to the relevant tribunal in column 2 of Schedule 2, in the order (if any) in which they are mentioned in that column, until the number of vacancies specified in column 3 in relation to each body has been filled in pursuance of this regulation.

Signed by authority of the Secretary of State

David Curry

Minister of State,

Department of the Environment

16th January 1997