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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. | 5 |
(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 | 10 |
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 | 15 |
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; | 20 |
(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 | 25 |
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 | 30 |
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 | 35 |
(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 | 40 |
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. | 45 |
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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. | 5 |
(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, | 10 |
(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— | 15 |
(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 | 20 |
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 | 25 |
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— | 30 |
(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 | 35 |
(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 | 40 |
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 | 45 |
amount as he may determine. | |
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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. | 5 |
(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. | 10 |
(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. | 15 |
(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 | 20 |
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. | 25 |
(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 | 30 |
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. | 35 |
(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. | 40 |
Proceedings | |
11 Subject to the following provisions of this Schedule, the Service may | |
regulate its own procedure (including quorum). | |
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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 | 5 |
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. | 10 |
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— | 15 |
(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 | 20 |
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, | 25 |
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. | 30 |
(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 | 35 |
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 | 40 |
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). | 45 |
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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. | 5 |
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 | 10 |
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 | 15 |
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 | 20 |
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 | 25 |
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 | 30 |
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. | 35 |
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 | 40 |
the approval of the Treasury requiring it to perform duties of a financial | |
nature specified in the notice. | |
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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 | 5 |
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 | 10 |
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 | 15 |
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— | 20 |
(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 | 25 |
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 | 30 |
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), | 35 |
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 | 40 |
and authorities subject to investigation), the following entry is inserted at the | |
appropriate place— | |
“Valuation Tribunal Service.” | |
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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.” | 5 |
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 | 10 |
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 | 15 |
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 | 20 |
(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 | 30 |
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. | 35 |
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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