The Valuation Tribunals (Amendment) (Wales) Regulations 2001

• Citation: S.I. 2001/1439 (W.)
• Sections: 7

Section 1 Name, application and commencement

These Regulations are called the Valuation Tribunals (Amendment) (Wales) Regulations 2001, they apply to Wales only and come into force on the 30th April 2001.

Section 2 Amendment of 1995 Regulations

The Valuation Tribunals (Wales) Regulations 1995 are amended as provided in Regulations 3 to 5 below.

Section 3 Appointment of members

Regulation 3 is amended as follows:

(a) for paragraphs (1) to (4) there is substituted:

(1) The members of a tribunal established by Regulation 2, subject to paragraphs (2), (2A), (2B) and (3) below, are to be appointed by:

(a) the councils prescribed in relation to that tribunal in column 4 of Schedule 1 (“the councils”) and the president jointly, and

(b) the National Assembly for Wales, after consultation with the president of the tribunal.

(2) The maximum number of members that can be appointed by the councils and the president is the number specified in relation to that tribunal in column 3 of Schedule 1 and the maximum number of members that can be appointed by a council and the president is the number specified in relation to that council in column 5 of Schedule 1.

(2A) The minimum number of members that must be appointed by the councils and the president is two-thirds of the number specified in relation to that tribunal in column 3 of Schedule 1 and the minimum number of members that must be appointed by a council and the president is two-thirds of the number specified in relation to that council in column 5 of Schedule 1.

(2B) The National Assembly for Wales must appoint a minimum of one member for each of the tribunals named in column 2 of Schedule 1.

(3) Where at the expiry of 3 months from a vacancy occurring, a council and the president have failed to make an appointment in accordance with paragraph (1), that appointment may be made by the National Assembly for Wales after consultation with the president.

(4) No appointment under paragraph (1) shall be valid if its effect would be that the number of members of the tribunal, appointed by that council and the president, who are members of the council exceed one third of the total number of members of the tribunal appointed by that council and the president.

(b) in paragraph 5, for “an appointing council” substitute “a council”.

Section 4 Consequential Amendments to the 1995 Regulations

(1) Regulation 4 is amended as follows:

(a) for paragraph (1) substitute the following:

(1) Each appointment of a member will have effect for such period not exceeding 6 years as the person or persons making the appointment may specify, after consultation in the case of an appointment by the National Assembly for Wales with the president of the tribunal.

(b) in sub-paragraph (b) of paragraph (2) insert “or (3A)” after “under paragraph (3)”,

(c) for paragraph (3), substitute the following:

(3) The council by which any member was jointly appointed will, if so directed by the National Assembly for Wales after consultation with the council and with the president, by notice in writing give that member such period of notice of termination of office under this paragraph as may be directed.

(3A) The National Assembly for Wales may, after consultation with the president, give to any member appointed by it notice in writing giving such period of notice of termination of office as it may determine.

(2) In paragraph 4 of Regulation 14, for “an appointing council” substitute “a council”.

(3) In column 4 of Schedule 1, for “Appointing councils” substitute “Councils” and in column 5 of Schedule 1, for “each appointing council” substitute “each council”.

Section 5 Jurisdiction

Regulation 35 (council tax appeals: jurisdiction) is amended by the insertion of the following paragraph after paragraph (4):

(4A) Where it appears to the president of a tribunal which, but for this paragraph, would deal with an appeal, 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 National Assembly for Wales will, on being so notified by the president, appoint another tribunal to deal with that appeal.

Section 6 Amendment to the Council Tax (Alteration of List and Appeals) Regulations 1993

Regulation 17 (jurisdiction: exception) of the Council Tax (Alteration of Lists and Appeals) Regulations 1993 is amended by the insertion after paragraphs (1A) and (2) (which apply only in England) of:

(3) In Wales, where it appears to the president of a 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 National Assembly for Wales will, on being so notified by the president, appoint another tribunal to deal with that appeal.

(4) In Wales, where the appellant is a former member or former employee of the tribunal by which, in pursuance of any provision of this regulation, his or her appeal would be dealt with, and the president determines that it will not be dealt with by that tribunal, it will be dealt with by such other tribunal as may be appointed for the purpose by the National Assembly for Wales.

Section 7 Amendment to the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993

Regulation 32 (jurisdiction: exception) of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 is amended by the insertion after paragraphs (1A) and (2) (which apply only in England) of :

(3) In Wales, where it appears to the president of a 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 National Assembly for Wales will, on being so notified by the president, appoint another tribunal to deal with that appeal.

(4) In Wales, where the appellant is a former member or former employee of the tribunal by which, in pursuance of any provision of this regulation, his or her appeal would be dealt with, and the president determines that it will not be dealt with by that tribunal, it will be dealt with by such other tribunal as may be appointed for the purpose by the National Assembly for Wales.