The Valuation Tribunal for Wales Regulations 2010

PART 6 Revocations and Amendments

Amendment of the Council Tax (Alteration of Lists and Appeals) Regulations 1993

47.—(1) The Council Tax (Alteration of Lists and Appeals) Regulations 1993(1) are amended in accordance with this regulation.

(2) In regulation 3 (interpretation of Part 2), for the definition of “relevant valuation tribunal” substitute—

• ““the relevant valuation tribunal”, “the valuation tribunal” and “a valuation tribunal” each mean the Valuation Tribunal for Wales”.

(3) In regulation 16 (interpretation of Part 3)—

(a) for the definition of “clerk” substitute—

• ““clerk”, in relation to an appeal, means the clerk of the Valuation Tribunal for Wales;”;

(b) for the definition of “tribunal” substitute—

““tribunal” means the members of the Valuation Tribunal for Wales convened in accordance with this Part for the purpose of disposing of an appeal”; and

(c) for the definition of “the relevant valuation tribunal” substitute—

• ““the relevant valuation tribunal”, “the valuation tribunal” and “a valuation tribunal” each mean the Valuation Tribunal for Wales”.

(4) For regulation 17 (jurisdiction: exception) there is substituted—

“Jurisdiction: exception

17.— (1) Where the appellant is—

(a) a former member of a valuation tribunal which existed before 1 July 2010,

(b) a former employee of a valuation tribunal which existed before 1 July 2010, of the Valuation Service for Wales established by the Valuation Tribunals (Wales) Regulations 2005 or of the Valuation Tribunal for Wales, or

(c) an employee or member of the Valuation Tribunal for Wales,

the appeal must be dealt with by such members of the Tribunal as may be appointed for that purpose by the President of the Valuation Tribunal for Wales.

(2) Where it appears to the President of the Valuation Tribunal for Wales 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 particular members of the Tribunal, the President, must appoint another tribunal to deal with that appeal.”.

(5) In regulation 18 (arrangements for appeals), for “the president of a valuation tribunal” substitute “the President of the Valuation Tribunal for Wales”.

(6) In regulation 21 (pre-hearing review), for “a chairman appointed under regulation 8 of the Valuation and Community Charge Tribunals Regulations 1989.” substitute “a Chairperson appointed under the Valuation Tribunal for Wales Regulations 2010”.

(7) In regulation 24 (representation at the hearing), for “the valuation tribunal” substitute “the Valuation Tribunal for Wales”.

(8) In regulation 25(1) (conduct of the hearing), for “a valuation tribunal's” substitute “the Valuation Tribunal for Wales' ”.

Revocation of the Valuation Tribunals (Wales) Regulations 2005

48.  The Valuation Tribunals (Wales) Regulations 2005(2) are revoked.

Amendment of the Non-Domestic Rating (Alteration of Lists and Appeals) (Wales) Regulations 2005

49.—(1) The Non-Domestic Rating (Alteration of Lists and Appeals) (Wales) Regulations 2005(3) are amended in accordance with this regulation.

(2) In regulation 2(1) (interpretation: general)—

(a) for the definition of “clerk” substitute—

• ““clerk”, in relation to an appeal, means the clerk of the Valuation Tribunal for Wales;”;

(b) for the definition of “the relevant valuation tribunal” substitute—

““the relevant valuation tribunal” means the Valuation Tribunal for Wales”;

(c) for the definition of “valuation tribunal” substitute—

““valuation tribunal” means the members of the Valuation Tribunal for Wales convened in accordance with Part 5 for the purpose of disposing of an appeal under these Regulations”.

(3) For regulation 22 (jurisdiction: exceptions) there is substituted—

“Jurisdiction: exceptions

22.— (1) Where the appellant is—

(a) a former member of a valuation tribunal which existed before 1 July 2010,

(b) a former employee of a valuation tribunal which existed before 1 July 2010, the Valuation Service for Wales established by the Valuation Tribunals (Wales) Regulations 2005 or by the Valuation Tribunal for Wales, or

(c) an employee or member of the Valuation Tribunal for Wales,

the appeal must be dealt with by such members of the Tribunal as may be appointed for that purpose by the President of the Valuation Tribunal for Wales.

(2) Where it appears to the President of the Valuation Tribunal for Wales 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 particular members of the Tribunal, the President must appoint another tribunal to deal with that appeal.”.

(4) In regulation 23(1) (arrangements for appeals), for “the president of the valuation tribunal” substitute “the President of the Valuation Tribunal for Wales”.

(5) In regulation 29 (representations at the hearing), for the “valuation tribunal” substitute “the Valuation Tribunal for Wales”.

(6) In regulation 30(1) (conduct of the hearing), for “a valuation tribunal's” substitute “the Valuation Tribunal for Wales' ”.

Amendment of the Local Government Pension Scheme (Administration) Regulations 2008

50.  In the Local Government Pension Scheme (Administration) Regulations 2008(4), in paragraph 23 of Schedule 2 (scheme employers), for “the Valuation Tribunal Service for Wales established under regulation 5 of the Valuation Tribunals (Wales) Regulations 2005” substitute “the Valuation Tribunal for Wales established under regulation 4 of the Valuation Tribunal for Wales Regulations 2010”.

(1)

S.I. 1993/290.

(2)

S.I. 2005/3364 (W.261).

(3)

S.I. 2005/758 (W.63).

(4)

S.I. 2008/239, to which there are amendments not relevant to these Regulations.