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Local Government Bill
Schedule 4 — The Valuation Tribunal Service

    84

 

Schedule 4

Section 105

 

The Valuation Tribunal Service

Membership, chairman and deputy chairman

  1       (1)      The Service shall consist of not less than six and not more than ten members

appointed by the Secretary of State.

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          (2)      The Secretary of State shall appoint one of the members of the Service to be

its chairman and another of them to be its deputy chairman.

          (3)      The Secretary of State shall exercise his power to appoint members of the

Service to secure that at all times—

              (a)             a majority are persons occupying the position of president or

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chairman of a valuation tribunal, and

              (b)             the rest are persons who, in his opinion, are particularly suited to be

members by reason of their qualifications or experience.

Disqualification

  2       (1)      A person shall be disqualified for being appointed as a member of the

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Service if—

              (a)             he is, or is married to, an employee of the Service;

              (b)             a bankruptcy order has been made against him, his estate has been

sequestrated or he has made a composition or arrangement with, or

granted a trust deed for, his creditors;

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              (c)             in the last five years he has been convicted in the United Kingdom,

the Channel Islands or the Isle of Man of an offence and has had a

qualifying sentence passed on him.

          (2)      Where a person is disqualified under sub-paragraph (1)(b) because a

bankruptcy order has been made against him or his estate has been

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sequestrated, the disqualification shall cease—

              (a)             on his obtaining a discharge, or

              (b)             if the bankruptcy order is annulled or the sequestration of his estate

is recalled or reduced, on the date of that event.

          (3)      Where a person is disqualified under sub-paragraph (1)(b) because of his

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having made a composition or arrangement with, or granted a trust deed

for, his creditors, the disqualification shall cease—

              (a)             at the end of the period of five years beginning with the date on

which the terms of the deed of composition or arrangement or trust

deed are fulfilled, or

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              (b)             if before then he pays his debts in full, on the date on which the

payment is completed.

          (4)      For the purposes of sub-paragraph (1)(c), the date of a conviction shall be

taken to be the ordinary date on which the period allowed for making an

appeal or application expires or, if an appeal or application is made, the date

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on which the appeal or application is finally disposed of or abandoned or

fails by reason of its non-prosecution.

          (5)      In sub-paragraph (1)(c), the reference to a qualifying sentence is to a sentence

of imprisonment for a period of not less than three months (whether

suspended or not) without the option of a fine.

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Schedule 4 — The Valuation Tribunal Service

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Tenure of office

  3       (1)      Subject to the provisions of this Schedule, a member of the Service shall hold

and vacate office in accordance with the terms of his appointment.

          (2)      A person shall not be appointed as a member of the Service for more than

three years.

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          (3)      A person may at any time resign his office as a member of the Service by

notice in writing to the Secretary of State.

          (4)      A person appointed as chairman or deputy chairman of the Service—

              (a)             shall hold and vacate that office in accordance with the terms of his

appointment,

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              (b)             may at any time resign that office by notice in writing to the Secretary

of State, and

              (c)             shall cease to hold that office if he ceases to be a member of the

Service.

  4       (1)      A person shall cease to be a member of the Service if—

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              (a)             he ceases to be qualified for appointment as such,

              (b)             having occupied the position of president or chairman of a valuation

tribunal at the time of his appointment as a member of the Service,

he ceases to be a person who occupies such a position, or

              (c)             he has without reasonable excuse been absent from meetings of the

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Service for a continuous period of 3 months.

          (2)      The Secretary of State may remove a person from office as a member of the

Service if satisfied that he is unable or unfit to carry out his functions as such.

  5        A person who ceases (otherwise than by virtue of paragraph 4(1)(a) or (c)) to

be the chairman or deputy chairman of the Service or to be a member of the

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Service shall be eligible for re-appointment.

Remuneration, pensions, etc of members

  6       (1)      The Service shall pay to its members such remuneration or allowances as the

Secretary of State may determine.

          (2)      The Service shall, if so required by the Secretary of State—

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              (a)             pay such pensions or gratuities to or in respect of its members or

former members as the Secretary of State may determine,

              (b)             pay such contributions or payments as the Secretary of State may

determine towards provision for the payment of pensions or

gratuities to or in respect of its members or former members, and

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              (c)             provide and maintain such schemes (whether contributory or not) as

the Secretary of State may so determine for the payment of pensions

or gratuities to or in respect of its members or former members.

          (3)      If—

              (a)             a person ceases to be a member of the Service or ceases to be the

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chairman or deputy chairman of the Service, and

              (b)             it appears to the Secretary of State that there are special

circumstances which make it right that he should receive

compensation,

                   the Secretary of State may direct the Service to make a payment of such

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amount as he may determine.

 

 

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Schedule 4 — The Valuation Tribunal Service

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Staff

  7       (1)      The Service shall have a chief executive.

          (2)      Appointments to the position of chief executive shall be made as follows—

              (a)             the first appointment shall be made by the Secretary of State, and

              (b)             subsequent appointments shall be made by the Service.

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          (3)      The appointment under sub-paragraph (2)(a) shall be made after

consultation with the chairman of the Service (or the person proposed to be

appointed as such).

          (4)      Appointments under sub-paragraph (2)(b) shall be made with the consent of

the Secretary of State.

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          (5)      References in this Schedule, except paragraph 8(1), to the employees of the

Service include references to its chief executive.

  8       (1)      The Service may appoint such employees as it may determine.

          (2)      The Service may pay to its employees such remuneration and allowances as

it may with the consent of the Secretary of State determine.

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          (3)      The Service may—

              (a)             pay such pensions or gratuities to or in respect of its employees or

former employees as it may with the consent of the Secretary of State

determine,

              (b)             pay such contributions or payments as it may so determine towards

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provision for the payment of pensions or gratuities to or in respect of

its employees or former employees, and

              (c)             provide and maintain such schemes (whether contributory or not) as

it may so determine for the payment of pensions or gratuities to or in

respect of its employees or former employees.

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          (4)      References in sub-paragraph (3) to pensions or gratuities include references

to pensions or gratuities by way of compensation to or in respect of

employees who suffer loss of employment or loss or diminishment of

emoluments.

  9        The Service shall not appoint an employee to be the clerk to a valuation

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tribunal without the consent of the tribunal concerned.

Committees

  10      (1)      The Service may establish committees.

          (2)      Any committee established by the Service may establish one or more sub-

committees.

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          (3)      A person who is not a member of the Service may be appointed to a

committee or a sub-committee of the Service.

          (4)      The Service may pay to members of its committees or sub-committees who

are neither members nor employees of the Service such remuneration and

allowances as the Secretary of State may determine.

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Proceedings

  11       Subject to the following provisions of this Schedule, the Service may

regulate its own procedure (including quorum).

 

 

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Schedule 4 — The Valuation Tribunal Service

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Delegation

  12      (1)      The Service may, to such extent as it may determine, delegate any of its

functions to any committee of the Service or to any employee of the Service.

          (2)      Any such committee may, to such extent as it may determine, delegate any

function conferred on it to any of its sub-committees or to any employee of

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the Service.

          (3)      Any sub-committee of the Service may, to such extent as the sub-committee

may determine, delegate any function conferred on the sub-committee to

any employee of the Service.

          (4)      A delegation under this paragraph shall be made in writing.

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Members’ interests

  13      (1)      A member of the Service who is in any way directly or indirectly interested

in any matter that is brought up for consideration at a meeting of the Service

shall disclose the nature of his interest to the meeting; and, where such a

disclosure is made—

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              (a)             the disclosure shall be recorded in the minutes of the meeting, and

              (b)             the member shall not take any part in any deliberation or decision of

the Service with respect to that matter.

          (2)      If a member is not present at a meeting at which a matter in which he is

interested is brought up for consideration, sub-paragraph (1) shall only

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apply to him if he was aware of the fact that the matter would be brought up

for consideration at the meeting.

          (3)      For the purposes of sub-paragraph (1), a general notification given at a

meeting of the Service by a member to the effect that he—

              (a)             has an interest in a specified company, firm or other organisation,

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and

              (b)             is to be regarded as interested in any matter involving that company,

firm or other organisation,

                   shall be regarded as sufficient disclosure of his interest in relation to any

such matter.

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          (4)      A member need not attend in person at a meeting in order to make a

disclosure which he is required to make under this paragraph if he takes

reasonable steps to secure that the disclosure is made by a notice which is

read and considered at the meeting.

          (5)      The Secretary of State may remove a disability under this paragraph subject

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to such conditions as he considers appropriate.

          (6)      The power of the Secretary of State under sub-paragraph (5) includes power

to remove, either indefinitely or for any period, a disability which would

otherwise attach to any member, or members of any description, by reason

of such interests, and in respect of such matters, as may be specified or

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described by the Secretary of State.

          (7)      Nothing in this paragraph precludes any member from taking part in the

consideration or discussion of, or voting on, any question whether any

application should be made to the Secretary of State for the exercise of the

power conferred by sub-paragraph (5).

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Schedule 4 — The Valuation Tribunal Service

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  14      (1)      Paragraph 13 shall apply in relation to meetings of a committee or sub-

committee of the Service as it applies in relation to meetings of the Service.

          (2)      In the application of paragraph 13 by virtue of this paragraph, references to

a member of the Service shall be read as references to a member of a

committee or sub-committee of the Service.

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Vacancies and defective appointments

  15       The validity of any proceedings of the Service shall not be affected by a

vacancy amongst the members or by a defect in the appointment of a

member.

Minutes

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  16      (1)      Minutes shall be kept of proceedings of the Service and of the committees

and sub-committees of the Service.

          (2)      Minutes of any such proceedings shall be evidence of those proceedings if

they are signed by the person purporting to have acted as chairman of the

proceedings to which the minutes relate or of any subsequent proceedings

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in the course of which the minutes were approved as a correct record.

          (3)      Where minutes of any such proceedings have been signed as mentioned in

sub-paragraph (2), those proceedings shall, unless the contrary is shown, be

deemed to have been validly convened and constituted.

Execution and proof of instruments

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  17      (1)      The application of the seal of the Service shall be authenticated by the

signature of any member or employee of the Service who has been

authorised for the purpose by the Service, whether generally or specially.

          (2)      Any document which the Service is authorised or required by or under any

enactment to serve, make or issue may be signed on behalf of the Service by

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any member or employee of the Service who has been authorised for the

purpose by the Service, whether generally or specially.

          (3)      Every document purporting to be an instrument made or issued by or on

behalf of the Service and to be duly executed under the seal of the Service,

or to be signed or executed by a person authorised by the Service for the

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purpose, shall be received in evidence and be treated, without further proof,

as being so made or issued unless the contrary is shown.

          (4)      In sub-paragraph (1), the reference to the signature of a person includes a

reference to a facsimile of a signature by whatever process reproduced, and

“signed” in sub-paragraphs (2) and (3) shall be read accordingly.

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Money

  18      (1)      The Secretary of State may pay grants and make loans to the Service.

          (2)      The Service shall not otherwise borrow money except with the consent of the

Secretary of State.

  19       The Service shall comply with any notice given by the Secretary of State with

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the approval of the Treasury requiring it to perform duties of a financial

nature specified in the notice.

 

 

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Schedule 4 — The Valuation Tribunal Service

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  20      (1)      The Service shall—

              (a)             keep proper accounts and proper records in relation to the accounts,

and

              (b)             prepare, in respect of each financial year, a statement of accounts

giving a true and fair view of the state of affairs and the income and

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expenditure of the Service.

          (2)      The statement of accounts shall comply with any requirement which the

Secretary of State has, with the approval of the Treasury, notified to the

Service.

          (3)      The Service shall send each statement of accounts of the Service to the

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Secretary of State and to the Comptroller and Auditor General within such

period after the end of the financial year to which it relates as the Secretary

of State may specify by notice given to the Service.

          (4)      The Comptroller and Auditor General shall—

              (a)             examine, certify and report on each statement of accounts received

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by him under sub-paragraph (3), and

              (b)             lay a copy of each such statement of accounts, and of his report on it,

before each House of Parliament.

          (5)      For the purpose of exercising his examination function in relation to a

statement of accounts, the Comptroller and Auditor General—

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              (a)             shall have a right of access at all reasonable times to any documents

which he reasonably requires for that purpose and which are in the

custody or under the control of the Service;

              (b)             shall have a right to require from any person holding or accountable

for any of those documents any assistance, information or

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explanation which he reasonably thinks necessary for that purpose.

          (6)      The right of access to documents conferred by sub-paragraph (5)(a) includes

a right to take copies of or make extracts from documents.

          (7)      A reference in sub-paragraphs (5) and (6) to documents includes a reference

to information recorded in any form; and in the case of information recorded

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otherwise than in a legible form the right of access conferred by sub-

paragraph (5)(a) includes a right of access to, and to take copies of, that

information in a legible form.

The Public Records Act 1958 (c. 51)

  21       In Schedule 1 to the Public Records Act 1958 (definition of public records),

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in Part 2 of the Table at the end of paragraph 3 there is inserted at the

appropriate place—

                    “Valuation Tribunal Service.”

The Parliamentary Commissioner Act 1967 (c. 13)

  22       In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments

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and authorities subject to investigation), the following entry is inserted at the

appropriate place—

                    “Valuation Tribunal Service.”

 

 

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Schedule 5 — Transfer schemes: further provision

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The House of Commons Disqualification Act 1975 (c. 24)

  23       In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975

(bodies of which all members are disqualified), the following entry is

inserted at the appropriate place—

                    “The Valuation Tribunal Service.”

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The Freedom of Information Act 2000 (c.36)

  24       In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public

authorities) there is inserted at the appropriate place—

                    “The Valuation Tribunal Service.”

Status

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  25      (1)      The Service is not to be regarded as the servant or agent of the Crown, or as

enjoying any status, privilege or immunity of the Crown.

          (2)      The property of the Service is not to be regarded as property of, or property

held on behalf of, the Crown.

Interpretation

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  26       In this Schedule—

                    “delegate” includes further delegate;

                    “financial year” means—

                    (a)                   the period beginning with the day on which section 105

comes into force and ending with the next 31st March, and

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                    (b)                   any subsequent period of 12 months beginning with 1st

April.

Schedule 5

Section 106

 

Transfer schemes: further provision

Contents of transfer scheme

25

  1       (1)      The property, rights and liabilities which may be transferred by a transfer

scheme under section 106 (“transfer scheme”) include property, rights and

liabilities that would not otherwise be capable of being transferred or

assigned.

          (2)      The transfers authorised by sub-paragraph (1) include transfers which are to

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take effect as if there were no such contravention, liability or interference

with any interest or right as there would otherwise be by reason of any

provision having effect (whether under any enactment or agreement or

otherwise) in relation to the terms on which the transferor is entitled to the

property or right, or subject to the liability, in question.

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  2        A transfer scheme may define the property, rights and liabilities to be

transferred by specifying or describing them or by referring to all of the

 

 

 
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