| Provision of Regulations | Modification |
|---|---|
| Regulation 1 (citation and commencement) | Omit “for the purposes of regulations 4 to 8 and 11 on 7th April 1989, and for all other purposes”. |
| Regulation 15 (interpretation of Part 4) | For the definition of “tribunal” substitute— ““Tribunal” means the Valuation Tribunal for England; “VTE panel”, in relation to an appeal, means the members of the Tribunal selected in accordance with tribunal business arrangements (1) to deal with the appeal; “the VTE President” means the President of the Tribunal.”. |
| Regulation 16 (jurisdiction)(2) | For paragraphs (1) to (4) substitute “An appeal shall be dealt with by a VTE panel.”. |
| Regulation 17 (time limits) | In paragraph (1)— (a) for “him” substitute “the person”; and (b) for “his” substitute “the person’s”. In paragraph (3), for “the president” and “he” substitute “the VTE President”. |
| Regulation 18 (initiating an appeal) | In paragraph (1)— (a) for “the clerk of the tribunal having jurisdiction in relation to the appeal”, substitute “the Tribunal”; and (b) for “he” substitute “the aggrieved person”. In paragraph (2), for “the clerk”, “he” and “him”, substitute “the Tribunal”. |
| Regulation 19 (arrangements for appeals)(3) | In paragraph (1), for “the president” substitute “the VTE President”. In paragraph (2), for “the clerk”, substitute “the Tribunal”. |
| Regulation 20 (withdrawal) | In paragraph (1), for “the clerk”, substitute “the Tribunal”. In paragraph (2)— (a) for “the clerk”, substitute “the Tribunal”; and (b) for “he”, substitute “it”. |
| Regulation 21 (disposal by written representations) | In paragraph (1)— (a) for “the clerk” (in both places) substitute “the Tribunal”; and (b) in sub-paragraph (b), for “he or it” substitute “the respondent”. In paragraph (2), for “the clerk” substitute “the Tribunal”. In paragraph (3)— (a) for “the clerk” substitute “the Tribunal; (b) for “him” substitute “the appellant”; and (c) for “a tribunal constituted as mentioned in regulation 25(1)” substitute “the VTE panel”. In paragraph (4), for “The tribunal may if it thinks fit” substitute “The VTE panel may if it thinks fit”. |
| Regulation 22 (notice of hearing)(4) | In paragraph (1), for “the clerk” substitute “the Tribunal”. In paragraph (2)— (a) for “the clerk” substitute “the Tribunal”; and (b) omit sub-paragraph (a). In paragraph (5), for “the clerk” substitute “the Tribunal”. |
| Regulation 23 (disqualification from participating)(5) | In paragraph (1)— (a) after “as a member”(6) insert “of a VTE panel”; (b) omit “, or acting as clerk or officer of a tribunal in relation to,”; and (c) for “he” substitute “the person”. In paragraph (2)— (a) omit “, or acting as clerk or officer of a tribunal in relation to,”; (b) for “his” substitute “the person’s”; and (c) for “he” substitute “the person”. In paragraph (3)— (a) for “he” substitute “the person”; and (b) for “his” substitute “the person’s”. |
| Regulation 24 (representation at the hearing) | For “he” substitute “the party”. For “or an employee of the tribunal” substitute “of the Tribunal or an employee of the Valuation Tribunal Service”. |
| Regulation 25 (conduct of the hearing)(7) | For paragraph (1) substitute— “(1) The Tribunal’s function of hearing or determining an appeal shall be discharged by a VTE panel; and, except where paragraph A18 of Schedule 11 to the Act applies, a senior member of the Tribunal shall preside;(8).”. Omit paragraph (2). In paragraph (3), for “tribunal” substitute “Tribunal or the VTE panel”. In paragraph (4)— (a) for “tribunal” (in both places) substitute “the VTE panel”; and (b) for “his” substitute “the other party’s”. In paragraph (5), for “tribunal” substitute “the VTE panel”; and In paragraph (6)— (a) for “tribunal”, in the first place where it occurs, substitute “VTE panel”; (b) omit “before the tribunal”; and (c) for “tribunal thinks” substitute “VTE panel think”. For paragraph (7) substitute— “(7) Subject to any provision of this Part, the VTE panel— (a)shall conduct the hearing in such manner as they consider most suited to the clarification of the issues and, generally, to the just handling of the proceedings; (b)so far as appears to them to be appropriate, shall seek to avoid formality in the proceedings; and (c)shall not be bound by any enactment or rule of law relating to the admissibility of evidence in proceedings before courts of law.”. |
| Regulation 26 (evidence) | In paragraph (3)(b), for “his” substitute “the person’s”. |
| Regulation 28 (decisions on appeals)(9) | For paragraph (1), substitute— “(1) Where an appeal is to be dealt with by a VTE panel consisting of three persons, it may be decided by a majority of those persons; and where it is to be dealt with by two persons and they are unable to agree, it shall be referred to the VTE President, who shall either deal with the appeal personally or make arrangements for it to be dealt with by another senior member of the Tribunal or by a VTE panel other than that originally selected.”. In paragraph (2), for “disposed of” substitute “dealt with”. In paragraph (4), for “him” substitute “the party”. |
| Regulation 29 (orders) | In paragraph (1), for “the tribunal” substitute “the Tribunal”. |
| Regulation 30 (records of decisions etc)(10) | In paragraph (1), for “the clerk” substitute “the Tribunal”. In paragraph (5), for “the tribunal concerned” substitute “the Tribunal”. In paragraph (6), for “he” substitute “the person having custody”. In paragraph (8), for “a record of that tribunal” substitute “an entry in the record kept under this regulation”. After paragraph (8), insert— “(9) In paragraph (8), “clerk” means the clerk of the Tribunal appointed under paragraph 8 of Schedule 4 to the Local Government Act 2003 in accordance with paragraph 9 of that Schedule(11).”. |
| Regulation 31 (review of decisions)(12) | In paragraph (1)— (a) for “a tribunal constituted as provided in paragraph (3)” substitute “the Tribunal”; (b) omit “under the hand of the presiding member”; (c) for “he” substitute “the party”; and (d) in sub-paragraph (d), for “the tribunal’s decision” substitute “the decision made by the VTE panel, the VTE President or a senior member (as the case may be)” . For paragraphs (3) and (4) substitute— “(3) Tribunal business arrangements(13) shall apply in relation to the selection of members of the Tribunal to review a decision or part of a decision as if the review were an appeal. (4) Where a decision is set aside in pursuance of this regulation, the Tribunal shall— (a)revoke any order made in consequence of that decision; and (b)order a re-hearing or re-determination.”. In paragraph (5), for “clerk” substitute “Tribunal”. In paragraph (6), for “clerk” substitute “Tribunal”. In paragraph (7), in the definition of “the relevant day”, for “the tribunal” substitute “the Tribunal”. |
| Regulation 32 (appeals) | In paragraph (1)— (a) for “a tribunal” substitute “the Tribunal”; and (b) for “he” substitute “was”. In paragraph (3) for “the tribunal” (in both places) substitute “the Tribunal”. In paragraph (4), for “subject to this requirement” substitute “as if the reference to a tribunal included a reference to the High Court”. |
| Regulation 33 (arbitration)(14) | For paragraphs (1) to (3) substitute— “(1) Where the persons mentioned in paragraph (2) agree in writing that a matter falling within the Tribunal’s jurisdiction is to be referred to arbitration, the matter shall be so referred. (2) The persons are the persons who, if the matter were to be the subject of an appeal to the Tribunal, would be the parties to the appeal.”. |
As to “tribunal business arrangements” see paragraph A17 of Schedule 11 to the Local Government Finance Act, inserted , by paragraphs 1 and 2 of Schedule 15 to the Local Government and Public Involvement in Health Act 2007.
Paragraph (4) was inserted by S.I. 1995/363.
Paragraph (1) was numbered as such, and paragraph (2) inserted, by S.I. 1990/582. Paragraph (1) was amended by S.I. 1993/292.
Paragraphs (2) and (5) were substituted by S.I. 1993/292.
Paragraph (1) was amended by S.I. 1993/439.
The words “as a member” were inserted by S.I. 1993/439.
Paragraph (6) was amended by S.I. 1993/292.
As to “senior member” see paragraph A17(4) of Schedule 11 to the Local Government Finance Act 1988. The panel of chairmen referred to in paragraph A17(4)(c) are the members of the Tribunal referred to in paragraph A4 of that Schedule. That paragraph and paragraph A17 are inserted by paragraphs 1 and 2 of Schedule 15 to the Local Government and Public Involvement in Health Act 2007 (c.28).
Regulation 28 was substituted by S.I. 1993/292.
Regulation 30 was substituted by S.I. 1993/292.
2003 c.26. Paragraph 9 of Schedule 4 is substituted by paragraph 13(5) of Schedule 16 to the Local Government and Public Involvement in Health Act 2007 (c.28) (“the 2007 Act”). By virtue of section 105(2) of the Local Government Act 2003 (“the 2003 Act”), as amended by paragraph 11(1) and (2) of Schedule 16 to the 2007 Act, the Valuation Tribunal for England is referred to in Schedule 4 to the 2003 Act as “the Tribunal”.
Regulation 31 was substituted by S.I. 1993/292.
See paragraph A17(2) of Schedule 11 to the Local Government Finance Act 1988 inserted by the Local Government and Public Involvement in Health Act 2007 (c.28), Schedule 15. paragraphs 1 and 2.
Paragraph (3) of regulation 33 was amended by S.I. 1993/292.