The Non-Domestic Rating (Alteration of Lists and Appeals) (Wales) Regulations 2023

Review of decisions E+W

54.—(1) A valuation tribunal constituted as provided in paragraph (4) has the power, on written application by a party, to review or set aside by certificate under the hand of the presiding member—

(a) any decision on any of the grounds mentioned in paragraph (5), and

(b) the decision on an appeal against a completion notice on the additional grounds mentioned in paragraph (6).

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

(3) But an application under paragraph (1) may be dismissed if it is not made within the period of 28 days beginning on the day on which notice is given (whether in accordance with regulation 51(3) or regulation 55(3)) of the decision in question.

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

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

(a) the decision was wrongly made as a result of clerical error;

(b) a party did not appear and can show reasonable cause why they did not do so;

(c) the decision is affected by a decision made by the High Court or the Upper Tribunal in respect of the hereditament which was the subject of the valuation tribunal’s decision;

(d) there has been some procedural irregularity in the proceedings.

(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 under this regulation, it must revoke any order made in consequence of that decision and must order a re-hearing or redetermination before either the same or a different tribunal.

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

(a) a determination that the valuation tribunal will not undertake a review under paragraph (1);

(b) the determination of the valuation tribunal, having undertaken a review under paragraph (1), that it will not set aside the decision concerned;

(c) the issue of any certificate under paragraph (1);

(d) the revocation of any order under paragraph (7).

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

(10) In paragraph (9)—

“the relevant day” (“y diwrnod perthnasol”) means the day on which, as the case may be,—

(a)

the application under paragraph (1) is made;

(b)

an event referred to in any of sub-paragraphs (a) to (d) of paragraph (8) occurs;

“the relevant event” (“y digwyddiad perthnasol”), in relation to a relevant day, means the event occurring on that day.

Commencement Information

I1 Reg. 54 in force at 1.4.2023, see reg. 1(2)