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STATUTORY INSTRUMENTS


2005 No. 659

RATING AND VALUATION, ENGLAND

The Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2005

  Made 10th March 2005 
  Laid before Parliament 10th March 2005 
  Coming into force 1st April 2005 


ARRANGEMENT OF REGULATIONS


PART 1

Preliminary
1. Citation, application and commencement
2. Interpretation: general

PART 2

Alteration of Local Rating Lists
3. Interpretation: Part 2
4. Circumstances in which proposals may be made
5. Periods in which proposals may be made: 2005 list and subsequent lists
6. Proposals: general
7. Acknowledgement of proposals by valuation officer
8. Invalid proposals
9. Procedure subsequent to the making of proposals
10. Proposals agreed by valuation officer
11. Withdrawal of proposals
12. Agreed alterations following proposals
13. Disagreement as to proposed alteration
14. Time from which alteration is to have effect: 2005 and subsequent lists
15. Advertising rights
16. Effective date to be shown in the list
17. Notification of alteration

PART 3

Alteration of Central Rating Lists
18. Relevant hereditaments

PART 4

Appeals Against Completion Notices and Penalty Notices
19. Appeals against completion notices
20. Appeals against imposition of a penalty

PART 5

Appeals: General
21. Interpretation: Part 5
22. Jurisdiction: exceptions
23. Arrangements for appeals
24. Withdrawal
25. Disposal by written representations
26. Pre-hearing review
27. Notice of hearing
28. Disqualification from participating
29. Representation at the hearing
30. Conduct of the hearing
31. Evidence: general
32. Evidence of lists and other documents
33. Decisions
34. Orders
35. Review of decisions
36. Records of decisions, etc
37. Appeals
38. Arbitration
39. Notification of further proceedings

PART 6

Miscellaneous and General
40. Service of notices
41. Retention of records
42. Information to be supplied by relevant authorities
43. Miscellaneous amendments
44. Revocation, savings and transitional provision

  Schedule Contents of Records

The First Secretary of State, in exercise of the powers conferred by sections 42(5), 53(5), 55(2) to (6) and (7A), 143(1) and (2) of, paragraph 10 to 12 of Schedule 7A to, paragraph 6(1A) of Schedule 9 to, and paragraphs 1, 4, 5, 6, 8, 11, 12 and 14 to 16 of Schedule 11 to, the Local Government Finance Act 1988[
1], and after consultation with the Council on Tribunals as required by section 8 of the Tribunals and Inquiries Act 1992[2], hereby makes the following Regulations:



PART 1

Preliminary

Citation, application and commencement
     1. These Regulations, which apply to England only, may be cited as the Non-Domestic Rating (Alterations of Lists and Appeals) (England) Regulations 2005 and shall come into force on 1st April 2005.

Interpretation: general
    
2.  - (1) In these Regulations - 

    (2) A person shall be treated as having a qualifying connection with another - 

    (3) Any reference in these Regulations to a party to an appeal includes the person making the appeal ("the appellant") and - 



PART 2

Alteration of Local Rating Lists

Interpretation: Part 2
     3. In this Part - 

Circumstances in which proposals may be made
    
4.  - (1) The grounds for making a proposal to alter a list are as follows - 

    (2) Subject to paragraph (3) - 

    (3) No proposal may be made - 

    (4) In paragraph (3) - 

Periods in which proposals may be made: 2005 list and subsequent lists
     5.  - (1) Subject to paragraph (2), a proposal to alter a list compiled on or after 1st April 2005 may be made at any time before the day on which the next list is compiled.

    (2) A proposal on the ground set out in - 

Proposals: general
    
6.  - (1) A proposal shall be made by notice in writing served on the valuation officer which shall - 

    (2) The information required by paragraph (1)(e)(iv) is - 

    (3) The information required by paragraph (1)(e)(vi) is the amount payable each year, as at the date of the proposal, in respect of the lease, easement or licence to occupy.

    (4) A proposal may deal with more than one hereditament only - 

    (5) A proposal made on the grounds set out in regulation 4(1)(d) or (f) may include a request for either or both of the following - 

Acknowledgement of proposals by valuation officer
    
7.  - (1) Subject to paragraph (2), within the period of four weeks beginning with the day on which he receives a proposal, the valuation officer shall by notice in writing served on the proposer acknowledge its receipt.

    (2) Paragraph (1) does not apply where a valuation officer serves a notice under regulation 8 in respect of the proposal.

    (3) A notice under paragraph (1) shall specify the date of receipt of the proposal and shall be accompanied by a statement of the effect of regulations 9 to 13.

Invalid proposals
    
8.  - (1) Where the valuation officer is of the opinion that a proposal has not been validly made, he may within four weeks of its service on him serve notice (an "invalidity notice") on the proposer that he is of that opinion, and stating - 

    (2) The valuation officer may at any time withdraw an invalidity notice by serving notice in writing on the proposer; and on such withdrawal any appeal against the invalidity notice shall be treated as having been withdrawn.

    (3) Unless an invalidity notice has been withdrawn in accordance with paragraph (2), the proposer may, within four weeks of its service on him - 

    (4) No proposal may be made under paragraph (3)(a) where the proposal to which the invalidity notice relates was made - 

    (5) Where a proposal is made under paragraph (3)(a), the proposal in respect of which the invalidity notice was served shall be treated as withdrawn.

    (6) An appeal against an invalidity notice shall be initiated by serving notice of disagreement on the valuation officer.

    (7) Unless the valuation officer withdraws the invalidity notice within four weeks of the service of the notice under paragraph (6), on the expiry of that period he shall inform the clerk of the relevant valuation tribunal of - 

    (8) Where information relating to an invalidity notice has been supplied in accordance with paragraph (7) and the notice is withdrawn, the valuation officer shall, as soon as practicable, inform the clerk of the relevant valuation tribunal of the withdrawal.

    (9) Until it is finally decided that the proposal to which an invalidity notice relates was validly made, regulations 9 to 13 shall not apply in relation to the proposal; and where it is finally decided as so mentioned, those regulations shall have effect as if the proposal had been served on the valuation officer on the date of that final decision.

    (10) For the purposes of paragraph (9), a final decision is made - 

    (11) Nothing done under this regulation shall be construed as preventing any party to an appeal under regulation 13 from contending for the purposes of that appeal that the proposal to which the appeal relates was not validly made.

Procedure subsequent to the making of proposals
    
9.  - (1) Within the period of six weeks beginning on the day on which a proposal is served on him, the valuation officer shall serve a copy of the proposal on each of the following provided that person is not the proposer - 

    (2) Each copy of a proposal served on a ratepayer shall be accompanied by a statement of the effect of this regulation and regulations 10 to 13.

Proposals agreed by valuation officer
    
10. Where the valuation officer is of the opinion that a proposal is well-founded, he shall as soon as reasonably practicable alter the list accordingly.

Withdrawal of proposals
    
11.  - (1) Subject to paragraph (2), the proposer may withdraw the proposal by notice in writing served on the valuation officer.

    (2) A proposal may not be withdrawn where the proposer was a ratepayer in respect of the hereditament at the date of the proposal but is no longer, unless the person who currently is the ratepayer agrees in writing.

    (3) Where - 

the valuation officer shall serve notice of that withdrawal on that interested person.

    (4) Where, within the period of six weeks beginning on the day on which a notice under paragraph (3) is served on him, an interested person serves notice in writing on the valuation officer that he is aggrieved by the withdrawal of the proposal - 

Agreed alterations following proposals
    
12.  - (1) Where, following the making of the proposal all the persons mentioned in paragraph (2) agree on an alteration of the list in accordance with this Part in terms other than those contained in the proposal, and that agreement is signified in writing - 

    (2) The persons referred to in paragraph (1) are - 

    (3) Where - 

the agreement of that person under the foregoing provisions of this regulation shall not be required.

    (4) Where the period of two weeks mentioned in paragraph (1)(a) would expire before the period of two months mentioned in paragraph (2)(e), the alteration required by paragraph (1)(a) shall, where no notice is served as mentioned in paragraph (2)(e), be made as soon as practicable after the expiry of that period of two months.

Disagreement as to proposed alteration
    
13.  - (1) Where the valuation officer is not of the opinion that a proposal is well-founded, and

the disagreement shall, no later than the expiry of the period of three months beginning on the day on which the proposal was served on him, be referred by the valuation officer, as an appeal by the proposer against his refusal to alter the list, to the relevant valuation tribunal.

    (2) A referral under paragraph (1) shall take place by means of the transmission to the clerk of the tribunal of a statement of the following matters - 

    (3) The valuation officer shall transmit to the clerk of the tribunal the name and address supplied to him by any other person who has given notice under regulation 2(3)(b)(ii) that he wishes to be a party to the appeal.

Time from which alteration is to have effect: 2005 and subsequent lists
    
14.  - (1) Subject to regulation 34, this regulation has effect in relation to alterations to a list compiled on or after 1st April 2005.

    (2) Subject to paragraphs (3) to (7), where an alteration is made to correct any inaccuracy in the list on or after the day it is compiled, the alteration shall have effect from the day on which the circumstances giving rise to the alteration first occurred.

    (3) Subject to paragraph (4), where an alteration is made to give effect to a completion notice, the alteration shall have effect from the day specified in the notice.

    (4) Where under Schedule 4A to the Act a different day is - 

the alteration shall have effect from the day so substituted, agreed or determined.

    (5) Where the day on which the relevant circumstances arose is not reasonably ascertainable - 

    (6) An alteration made to correct an inaccuracy (other than one which has arisen by reason of an error or default on the part of a ratepayer) - 

which increases the rateable value shown in the list for the hereditament to which the inaccuracy relates, shall have effect from the day on which the alteration is made.

    (7) Where an alteration falls to be made after the first anniversary of the day on which the next list is compiled it shall have retrospective effect only if it is made in pursuance of a proposal.

Advertising rights
    
15.  - (1) For the purposes of regulation 14 where the circumstances giving rise to the alteration are the coming into existence of an advertising hereditament those circumstances shall be treated as occurring when - 

whichever is earlier; and such a hereditament shall be treated for the purposes of Part 3 of the Act as coming into occupation at that time.

    (2) The erection, dismantling or alteration of any structure or sign for enabling the advertising right to be exercised, after the time mentioned in paragraph (1), shall be treated for the purposes of a proposal made on the grounds set out in regulation 4(1)(b) as a material change of circumstances.

    (3) In this regulation - 

Effective date to be shown in the list
    
16. Where an alteration is made, the list shall show the day from which the alteration is to have effect in pursuance of this Part.

Notification of alteration
    
17.  - (1) Within four weeks of altering a list a valuation officer shall serve a notice in writing on the relevant authority stating the effect of the alteration; and the relevant authority shall as soon as is reasonably practicable alter the copy of the list deposited by it at its principal office under section 41(6B) of the Act.

    (2) Subject to paragraph (3), no later than the day on which the notice is served under paragraph (1) the valuation officer shall serve a notice in writing on the ratepayer and on any proposer, as defined in paragraph (5), stating - 

    (3) Paragraph (2) does not apply in relation to alterations effected solely for the purpose of correcting a clerical error, or for reflecting - 

    (4) Paragraph (2)(b) does not apply in relation to an alteration effected for reflecting - 

    (5) The proposer mentioned in paragraph (2) is any proposer for whom an appeal in relation to the hereditament has been referred to the relevant valuation tribunal under regulation 13(1) and whose appeal has either - 

    (6) The valuation officer shall take such steps as are reasonably practicable to secure that any notice under paragraph (2) is served not later than the corresponding notice under paragraph (1).



PART 3

Alteration of Central Rating Lists

Relevant hereditaments
    
18.  - (1) In relation to a hereditament (in this regulation referred to as a "relevant hereditament") which is required by regulations under section 53 of the Act to be shown in a central non-domestic rating list compiled on or after 1st April 2005, the regulations mentioned in paragraph (2) shall apply, as modified by paragraphs (3), (4) and (5), as if - 

    (2) The regulations are - 

    (3) Regulation 4(1)(o) shall apply as if the reference to section 42 of the Act were a reference to section 53.

    (4) Regulation 17(1) shall apply as if the reference to the relevant authority and its principal office were a reference to the Secretary of State and his principal office.

    (5) Regulations 8 and 13 shall apply as if references to a relevant valuation tribunal were to the valuation tribunal established by regulations under Schedule 11 to the Act for the area in which the designated person has its principal place of business within England and Wales.

    (6) At the same time as the central valuation officer serves a copy of a proposal on the ratepayer under regulation 9(1) in relation to a relevant hereditament he shall serve such a copy on the Secretary of State.

    (7) In this regulation "the designated person" means the person designated by regulations under section 53 of the Act in relation to the description of hereditaments which includes the relevant hereditament to which the alteration or proposed alteration relates.



PART 4

Appeals Against Completion Notices and Penalty Notices

Appeals against completion notices
    
19.  - (1) An appeal against a completion notice shall be initiated by serving on the clerk of the relevant valuation tribunal, within four weeks of the service of the notice, a notice in writing (a "notice of appeal") accompanied by - 

    (2) The clerk shall, within two weeks of service of the notice of appeal, notify the appellant that he has received it, and shall serve a copy of it on the relevant authority whose notice is the subject of the appeal.

Appeals against imposition of a penalty
    
20.  - (1) An appeal against imposition of a penalty shall be initiated by serving on the clerk of the relevant valuation tribunal a notice in writing (a "notice of appeal") accompanied by - 

    (2) The clerk shall, within two weeks of service of the notice of appeal, notify the appellant that he has received it, and shall serve a copy of it on the valuation officer whose notice is the subject of the appeal.



PART 5

Appeals: General

Interpretation: Part 5
    
21. In this Part, "list" means a local non-domestic rating list or the central non-domestic rating list compiled on or after 1st April 2005.

Jurisdiction: exceptions
    
22.  - (1) Where the appellant is an employee or member of the relevant valuation tribunal, his appeal shall not be dealt with by that tribunal but by such other valuation tribunal as may be appointed for that purpose by the Secretary of State.

    (2) Where it appears to the president of the relevant valuation tribunal that by reason of a conflict of interests, or the appearance of such a conflict, it would be inappropriate for an appeal to be dealt with by that tribunal, the Secretary of State shall, on being so notified by the president, appoint another tribunal to deal with that appeal.

    (3) Where the appellant is a former member or employee of the valuation tribunal by which, in pursuance of any provision of this regulation, his appeal would fall to be dealt with, and the president determines that it shall not be dealt with by that tribunal, it shall be dealt with by such other tribunal as may be appointed for the purpose by the Secretary of State.

Arrangements for appeals
    
23.  - (1) It shall be the duty of the president of a valuation tribunal to secure that arrangements are made for appeals under - 

to be determined in accordance with the following provisions of these Regulations.

    (2) A valuation tribunal shall not hear an appeal under regulation 13 until any appeal under regulation 8 in respect of the same proposal has been decided.

    (3) Where two or more appeals relating to the same hereditament or hereditaments are referred under regulation 13, the order in which the appeals are dealt with shall be the order in which the alterations in question would, but for the disagreements which occasion the appeals, have taken effect.

    (4) Where an appeal under regulation 13 and an appeal under regulation 13 of the Council Tax (Alteration of Lists and Appeals) Regulations 1993[9] relate to the same property - 

    (5) The clerk shall, as soon as is reasonably practicable, give written notice to any person who is made a party to an appeal under paragraph (4).

Withdrawal
     24.  - (1) Without prejudice to regulation 8(2), an appeal may be withdrawn before the commencement of a hearing or of consideration of written representations, where notice to that effect is given to the clerk - 

    (2) Subject to paragraph (4), notice may not be given by a valuation officer under paragraph (1) unless every other party to the appeal has given written consent to him for the withdrawal of the appeal.

    (3) The clerk shall notify the appellant when he has received the notice of withdrawal under paragraph (1)(a), and shall serve a copy of his notice of receipt on all the other parties to the appeal.

    (4) Where, after the referral of an appeal under regulation 13, the valuation officer alters the list in accordance with the proposal, or there is an agreement under regulation 12, the valuation officer or, as the case may be, the central valuation officer shall notify the clerk accordingly, and the appeal shall be deemed to have been withdrawn.

    (5) Where, following the initiation of an appeal against imposition of a penalty, the valuation officer decides to remit the penalty, the valuation officer shall notify the clerk accordingly, and the appeal shall be deemed to have been withdrawn.

Disposal by written representations
    
25.  - (1) An appeal under these Regulations may be disposed of on the basis of written representations if all the parties have given their agreement in writing.

    (2) Where all the parties have given their agreement as mentioned in paragraph (1), the clerk shall serve notice on the parties accordingly; and within four weeks of service of such a notice on him each party may serve on the clerk a notice stating - 

    (3) A copy of any notice served in pursuance of paragraph (2) shall be served by the clerk on the other party or parties to the appeal, and shall be accompanied by a statement of the effect of paragraphs (4) and (5).

    (4) Any party on whom a notice is served under paragraph (3) may within four weeks of that service serve on the clerk a further notice stating his reply to the other party's statement, or that he does not intend to make further representations, as the case may be; and the clerk shall serve a copy of any such further notice on the other party or parties.

    (5) After the expiry of four weeks beginning with the expiry of the period of four weeks mentioned in paragraph (4) the clerk shall submit copies of - 

to a valuation tribunal constituted as provided in regulation 30.

    (6) The valuation tribunal to which an appeal is referred as provided in paragraph (5) may if it thinks fit - 

    (7) Where any party has furnished particulars in response to a request by a valuation tribunal under paragraph (6)(a), the clerk shall serve a copy of those particulars on every other party, and each of those other parties may, within four weeks of such service, serve on the clerk any further statement he wishes to make in response.

Pre-hearing review
    
26. With a view to clarifying the issues to be dealt with at a hearing, a chairman appointed under regulation 8 of the Valuation and Community Charge Tribunals Regulations 1989[10] - 

Notice of hearing
     27.  - (1) Where an appeal is to be disposed of on the basis of a hearing, the clerk shall give the parties not less than four weeks' notice of the date, time and place appointed for the hearing.

    (2) The clerk shall advertise the date, time and place appointed for any hearing by causing a notice giving such information to be conspicuously displayed - 

    (3) The notice required by paragraph (2) shall name a place where a list of the appeals to be heard may be inspected.

    (4) Where the hearing of an appeal has been postponed, the clerk shall take such steps as are practicable in the time available - 

Disqualification from participating
    
28.  - (1) A person shall be disqualified from participating as a member in the hearing or determination of, or acting as clerk or officer of a valuation tribunal in relation to - 

    (2) References in this regulation to the relevant authority concerned and to the special authority concerned are references to the relevant authority and the special authority in whose area is situated the hereditament which is the subject of the appeal.

Representation at the hearing
    
29. Any party to an appeal which is to be decided at a hearing may appear in person (with assistance from any person if he wishes), by counsel or solicitor, or any other representative (other than a person who is a member, clerk or other employee of the valuation tribunal).

Conduct of the hearing
    
30.  - (1) Subject to paragraph (2), a valuation tribunal's functions of hearing or determining an appeal shall be discharged by three members of the tribunal, who shall include at least one chairman; and a chairman shall preside.

    (2) Where all parties to an appeal who appear so agree, the appeal may be decided by two members of a valuation tribunal, and notwithstanding the absence of a chairman.

    (3) The hearing shall take place in public, unless the valuation tribunal orders otherwise on the application of a party, and on being satisfied that the interests of that party would be prejudicially affected.

    (4) If at a hearing of an appeal to which a valuation officer or a listing officer is a party every other party fails to appear, the valuation tribunal may dismiss the appeal.

    (5) If, at a hearing of an appeal against a completion notice, the appellant does not appear, the valuation tribunal may dismiss the appeal.

    (6) If, at the hearing of an appeal, any party does not appear, the valuation tribunal may hear and determine the appeal in his absence.

    (7) The valuation tribunal may require any witness to give evidence by oath or affirmation, and shall have power for that purpose to administer an oath or affirmation in due form.

    (8) Unless the valuation tribunal determines otherwise - 

and in any other case parties at the hearing may be heard in such order as the tribunal may determine.

    (9) Parties at the hearing may examine any witness before the valuation tribunal and call witnesses.

    (10) A hearing may be adjourned to such time and place and on such terms (if any) as the valuation tribunal thinks fit; and reasonable notice of the time and place to which the hearing has been adjourned shall be given to every party.

    (11) Subject to paragraph (12), a valuation tribunal may enter and inspect - 

    (12) When a valuation tribunal intends to enter any premises in accordance with paragraph (11) it shall give notice to the parties who shall be entitled to be represented at the inspection; and where the tribunal deems it appropriate, such representation shall be limited to one person to represent those parties having the same interest in the appeal.

    (13) Where at the hearing of an appeal under regulation 13 - 

the tribunal shall not immediately proceed to determine the appeal unless every party so agrees.

    (14) Subject to any provision of this Part, the valuation tribunal - 

Evidence: general
    
31.  - (1) This regulation applies to information supplied in pursuance of regulation 42 or paragraph 5 of Schedule 9 to the Act or section 82 of the General Rate Act 1967.

    (2) Subject to the provisions of this regulation, information to which this regulation applies shall in any relevant proceedings be admissible as evidence of any fact stated in it; and any record purporting to contain such information shall, unless the contrary is shown, be presumed - 

    (3) Information to which this regulation applies shall not be used in any relevant proceedings by a valuation officer unless - 

    (4) Subject to paragraph (5), any person to whom notice relating to any hereditament has been given under paragraph (3)(a) may before the hearing serve notice on the valuation officer specifying other hereditaments as being hereditaments which are comparable in character or otherwise relevant to that person's case, and requiring the valuation officer - 

    (5) The number of hereditaments specified in a notice under paragraph (4) shall not exceed four, or if greater, the number specified in the notice under paragraph (3)(a).

    (6) Nothing in the foregoing provisions of this regulation shall be construed as requiring the making available for inspection or copying, or the production of, any document insofar as it contains information other than information - 

    (7) Where a notice has been given to the valuation officer under paragraph (4), and the valuation officer refuses or fails to comply with the notice, the person who gave the notice may apply to the valuation tribunal or, as the case may be, the arbitrator appointed to determine the appeal; and that tribunal or arbitrator may, if satisfied that it is reasonable to do so, direct the valuation officer to comply with the notice as respects all the hereditaments or such of them as the tribunal or arbitrator may determine.

    (8) In this regulation "relevant proceedings" means any proceedings on or in consequence of an appeal, and any proceedings on or in consequence of a reference to arbitration under regulation 38.

    (9) If any information required to be made available for inspection in accordance with this regulation is not maintained in documentary form, the duty to make it so available is satisfied if a print-out, photographic image or other reproduction of the document which has been obtained from the storage medium adopted in relation to the document is made available for inspection.

Evidence of lists and other documents
    
32. The contents of a list may be proved by the production of a copy of it, or of the relevant part, purporting to be certified to be a true copy by the valuation officer; and the contents of a completion notice may be proved by the production of a copy of it purporting to be certified to be a true copy by the proper officer of the relevant authority.

Decisions
    
33.  - (1) An appeal may be decided by a majority of the members participating; and where (pursuant to regulation 30(2)) it falls to be disposed of by two members and they are unable to agree, it shall be remitted by the clerk to be decided by a valuation tribunal consisting of three different members.

    (2) Where an appeal is disposed of on the basis of a hearing, the decision may be reserved or given orally at the end of the hearing.

    (3) Subject to paragraph (4), as soon as reasonably practicable after a decision has been made, it shall - 

by notice in writing to the parties; and the notice shall be accompanied by a statement of the reasons for the decision.

    (4) Nothing in paragraph (3) shall require notice to be given to a party if it would be repetitive of any copy record sent to him in accordance with regulation 36.

    (5) In the case of an appeal against a completion notice, the clerk shall send notice of the decision to the valuation officer for the relevant authority.

Orders
    
34.  - (1) On or after deciding an appeal under regulation 13, the valuation tribunal may, subject to paragraph (4), require a valuation officer, in consequence of the decision, by order to alter a list in accordance with any provision made by or under the Act.

    (2) On or after deciding an appeal against imposition of a penalty the valuation tribunal may order the valuation officer whose notice is the subject of the appeal to mitigate or remit the penalty.

    (3) The valuation officer shall comply with an order under paragraph (1) or (2) within the period of two weeks beginning on the day of its making.

    (4) Subject to paragraph (5), where the decision is that a disputed rateable value should be an amount greater than - 

the order shall require the list to be altered with effect from the day on which the decision is given.

    (5) Paragraph (4) shall not apply where the order requires the list to be altered to show - 

    (6) Where it appears that circumstances giving rise to an alteration ordered by a valuation tribunal have at the date of the decision ceased to exist, the order may require the alteration to be made in respect of such period as appears to the tribunal to be commensurate with the duration of those circumstances.

    (7) An order under this regulation may require any matter ancillary to its subject-matter to be attended to.

Review of decisions
    
35.  - (1) Subject to paragraphs (2) and (3), a valuation tribunal constituted as provided in paragraph (4) shall have power, on written application by a party, to review or set aside by certificate under the hand of the presiding member - 

    (2) Paragraph (1) does not apply where an appeal against the decision in question has been determined by the Lands Tribunal.

    (3) An application under paragraph (1) may be dismissed if it is not made within the period of four weeks beginning on the day on which notice is given (whether in accordance with regulation 33(3) or regulation 36(3)) of the decision in question.

    (4) So far as is reasonably practicable, the valuation tribunal appointed to review a decision shall consist of the same members as constituted the tribunal which took the decision.

    (5) The grounds referred to in paragraph (1)(a) are - 

    (6) The grounds mentioned in paragraph (1)(b) are that new evidence, the existence of which could not have been ascertained by reasonably diligent inquiry or could not have been foreseen, has become available since the conclusion of the proceedings to which the decision relates.

    (7) If a valuation tribunal sets aside a decision in pursuance of this regulation, it shall revoke any order made in consequence of that decision and shall order a re-hearing or redetermination before either the same or a different tribunal.

    (8) The clerk shall as soon as reasonably practicable notify the parties to the appeal in writing of - 

    (9) Where in relation to a decision in respect of which an application under paragraph (1) is made, an appeal to the Lands Tribunal remains undetermined on the relevant day, the clerk shall notify the Lands Tribunal as soon as reasonably practicable after the occurrence of the relevant event.

    (10) In paragraph (9) - 

Records of decisions, etc
    
36.  - (1) It shall be the duty of the clerk to make arrangements for each decision, each order made under regulation 34 and the effect of each certificate and revocation under regulation 35 to be recorded.

    (2) Records may be kept in any form, whether documentary or otherwise, and shall contain the particulars specified in the Schedule to these Regulations.

    (3) A copy, in documentary form, of the relevant entry in the record shall, as soon as reasonably practicable after the entry has been made, be sent (by post, fax or electronic communication) to each party to the appeal to which the entry relates.

    (4) Each record shall be retained for the period of six years beginning on the day on which an entry was last made in it.

    (5) Any person may, at a reasonable time stated by or on behalf of the valuation tribunal concerned and without making payment, inspect records which are required to be made by paragraph (1).

    (6) If without reasonable excuse a person having custody of records intentionally obstructs a person in exercising the right conferred by paragraph (5) he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

    (7) The member who presided at the hearing or determination of an appeal may authorise the correction of any clerical error in the record, and a copy of the corrected entry shall be sent to the persons to whom a copy of the original entry was sent.

    (8) The production in any proceedings in any court of law of a document purporting to be certified by the clerk to be a true copy of a record of that valuation tribunal shall, unless the contrary is proved, be sufficient evidence of the document and of the facts it records.

Appeals
    
37.  - (1) An appeal shall lie to the Lands Tribunal in respect of a decision or order which is given or made by a valuation tribunal on - 

    (2) An appeal under paragraph (1) against a decision or order shall lie at the instance of any party - 

    (3) Subject to paragraph (4), an appeal under paragraph (1) may be dismissed if it is not made within four weeks of the date on which notice is given of the decision or order that is the subject matter of the appeal.

    (4) Where - 

the appeal may be dismissed if it is not made within four weeks of the service of the notice under that paragraph (8)(a) or (b).

    (5) The Lands Tribunal may confirm, vary, set aside, revoke or remit the decision or order of the valuation tribunal, and may make any order the tribunal could have made.

    (6) Valuation officers shall act in accordance with any order made by the Lands Tribunal; and paragraph 9 of Schedule 11 to the Act shall have effect subject to this requirement.

Arbitration
    
38.  - (1) Where at any time before the beginning of a hearing or the consideration by a valuation tribunal of written representations it is so agreed in writing between the persons who, if a dispute were to be the subject of an appeal to the tribunal, would be the parties to the appeal, the question shall be referred to arbitration.

    (2) In any arbitration in pursuance of this regulation the award may include any order which could have been made by a valuation tribunal in relation to the question; and paragraph 9 of Schedule 11 to the Act shall apply to such an order as it applies to an order recorded in pursuance of these Regulations.

Notification of further proceedings
    
39.  - (1) Where a valuation officer - 

he shall, at the same time or as soon as reasonably practicable thereafter, notify the authority concerned of the application or appeal.

    (2) For the purposes of paragraph (1), the authority concerned - 

    (3) Where a valuation officer appeals to the Lands Tribunal as mentioned in paragraph (1)(b), or receives notice of such an appeal instituted by another party he shall, at the same time or as soon as reasonably practicable thereafter, notify the clerk to the relevant valuation tribunal of the appeal.

    (4) Where, in relation to a decision or order made on an appeal against a completion notice, an authority appeals to the Lands Tribunal under regulation 37, or receives notice of such an appeal instituted by another party it shall, at the same time, or as soon as reasonably practicable thereafter, notify the clerk to the relevant valuation tribunal of the appeal.



PART 6

Miscellaneous and General

Service of notices
    
40.  - (1) Without prejudice to section 233 of the Local Government Act 1972 and paragraph (2), and subject to paragraphs (3) and (4), any notice to be served may be served - 

    (2) Where any notice which is to be served on a person falls to be served by or on behalf of the Common Council or by an officer of the Common Council, it may be given or served in any manner in which it might be given or served under section 233 of the Local Government Act 1972 if the Common Council were a local authority within the meaning of that section.

    (3) Any notice to be served on the owner or occupier of any premises may be addressed by the description of "owner" or "occupier" of the premises, without further name or description.

    (4) Any notice to be served on a valuation officer may be served by - 

    (5) In this regulation - 

Retention of records
     41.  - (1) Before altering an entry in a local non-domestic rating list or the central non-domestic rating list, the valuation officer or, as the case may be, the central valuation officer shall ensure that a record (which need not be in documentary form) is made of the entry.

    (2) A record made under paragraph (1) shall be retained until the expiry of six years beginning on the day on which the next list is compiled.

Information to be supplied by relevant authorities
    
42.  - (1) Information of the description set out in paragraph (2) is hereby prescribed for the purposes of paragraph 6(1A) of Schedule 9 to the Act.

    (2) In relation to any property such as is mentioned in paragraph (3), the information is - 

    (3) The property referred to in paragraph (2), in relation to a relevant authority, is any non-domestic property in the authority's area - 

    (4) The information required by this regulation shall be supplied as soon as is reasonably practicable after it comes to the attention of the relevant authority.

Miscellaneous amendments
    
43.  - (1) Regulation 38 of the Valuation and Community Charge Tribunals Regulations 1989[12] is amended as follows - 

    (2) In regulation 2(1) of the Non-Domestic Rating (Payment of Interest) Regulations 1990[13] for the definition "the Alteration and Appeals Regulations" substitute - 

    (3) For paragraph (2) of regulation 4C of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993[14] substitute - 

    (4) After paragraph (14) of regulation 13A of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 add - 

Revocation, savings and transitional provision
     44.  - (1) Subject to paragraph (2), the following regulations are hereby revoked - 

    (2) The Regulations referred to in paragraph (1) shall continue to have effect on and after 1st April 2005 for the purposes of and for purposes connected with - 

    (3) In relation to any notice of appeal pursuant to regulation 19, which relates to a completion day of 1st April 2005 or later, but which is served on the clerk before the date of coming into force of these Regulations, the notice of appeal shall be treated as served, and any procedural step taken in respect of the appeal shall be treated as taken, under these Regulations.



Signed by authority of the First Secretary of State


Nick Raynsford
Minister of State, Office of the Deputy Prime Minister

10th March 2005



SCHEDULE
Regulation 36(2)


CONTENTS OF RECORDS


The appellant's name and address

The matter appealed against

The date of the hearing or determination

The names of the parties who appeared, if any

The decision of the valuation tribunal and its date

The reasons for the decision

Any order made in consequence of the decision

The date of any such order

Any certificate setting aside the decision

Any revocation under regulation 35(7).



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which apply to England only, revoke and replace the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 and the instruments which amended them - 

The Regulations concern the alteration of local and central non-domestic rating lists (which are compiled under the Local Government Finance Act 1988). They cover the alteration of non-domestic rating lists by valuation officers, proposals for such alterations from other persons and appeals to valuation tribunals where there is disagreement about a proposal between the valuation officer and another person.

Regulation 4 sets out the circumstances in which proposals to alter the list may be made. Regulation 5 specifies the time limits within which such proposals are to be made. Regulation 6 sets out the content of proposals. Regulations 7 to 13 provide the procedures to be followed by valuation officers in relation to such proposals. Regulation 14 provides for the determination of the effective date of any alteration made. Regulation 15 makes special provision in relation to advertising hoardings. Regulation 16 requires the effective date of any alteration to be shown in the list and regulation 17 makes provision for the notification of any alteration.

Regulation 18 applies Part 2, with modifications, to hereditaments shown on the central non-domestic rating lists.

Regulation 19 sets out the procedure for appeals against building completion notices. Regulation 20 sets out the procedure for appeals against the imposition of a penalty notice.

Regulations 21 to 39 prescribe the procedure for appeals.

The Regulations also make provision for the service of notices (regulation 40), the retention of records (regulation 41), information to be supplied by authorities (regulation 42), two amendments to the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 which apply to alterations to a list compiled before 1st April 2005 and two other consequential amendments (regulation 43) and revocation, savings and transitional provision (regulation 44).


Notes:

[1] 1988 c. 41. Section 55(7A) and paragraph 6(1A) of Schedule 9 were inserted by paragraph 30(5) and 47 of Schedule 5 to the Local Government and Housing Act 1989 (c.42). These powers were devolved, in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), see the reference to the Local Government Finance Act 1988 in Schedule 1.back

[2] 1992 c. 53.back

[3] Schedule 4A was inserted by paragraph 36 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42).back

[4] 1961 c. 55.back

[5] 1985 c. 6. Section 736A was inserted by section 144 of the Companies Act 1989 (c. 40).back

[6] S.I. 2000/540; relevant amendments are made by SI 2000/846.back

[7] Paragraph 2(6A) was inserted by paragraph 38 of Schedule 5 to the Local Government and Housing Act 1989 (c.42) and substituted by paragraph 4 of Schedule 10 to the Local Government Finance Act 1992 (c. 14).back

[8] Schedule 4A was inserted by paragraph 36 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42).back

[9] S.I. 1993/290.back

[10] S.I. 1989/439; relevant amendment was made by regulation 7(1) of S.I. 1995/563.back

[11] 2000 c. 7.back

[12] S.I. 1989/439: relevant amendments are made by regulation 22 of S.I. 1993/292 and regulation 2(b) of S.I. 1993/615.back

[13] S.I. 1990/1904: relevant amendments are made by S.I.back

[14] S.I. 1993/291.back

[15] S.I. 1993/291.back

[16] S.I. 1994/1809.back

[17] S.I. 1995/609.back

[18] S.I. 1995/623.back

[19] S.I. 2000/598.back

[20] S.I. 2001/1271.back

[21] S.I. 2002/498.back

[22] S.I. 2003/1999.back

[23] S.I. 2004/3057.back

[24] S.I 2004/3387.back



ISBN 0 11 072629 4


 © Crown copyright 2005

Prepared 29 March 2005


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