Local Government and Public Involvement in Health Bill

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Session 2006 - 07
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Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Schedule 12 — The Valuation Tribunal for England
155

Schedule 12
Section 151

The Valuation Tribunal for England
Introduction
1
Schedule 11 to the Local Government Finance Act 1988 (c. 41) is amended as
follows.
5
Establishment of the Tribunal
2
Before paragraph 1 (and the italic heading preceding it) insert—
“Part 1
The Valuation Tribunal for England
Establishment
10
A1
There shall be a Valuation Tribunal for England.
Jurisdiction
A2    (1)
The jurisdiction of the existing English tribunals, including their
jurisdiction under current legislation, is transferred to the
Tribunal.
15
      (2)
The jurisdiction of the existing English tribunals under current
legislation is their jurisdiction under any of the following—

This Act

Regulations under section 55.

Paragraph 4 of Schedule 4A.

20

Paragraph 5C of Schedule 9.

Land Drainage Act 1991 (c. 59)

Section 45.

Local Government Finance Act 1992 (c. 14)

Section 16.

25

Regulations under section 24.

Paragraph 3 of Schedule 3.

      (3)
The jurisdiction transferred by this paragraph is to be exercised as
regards all appeals under that jurisdiction, whether made before
or after the transfer.
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      (4)
The existing English tribunals are the valuation tribunals
established in relation to England by regulations under this
Schedule (prior to its amendment by the Local Government and
Public Involvement in Health Act 2007) which are in existence
immediately before this paragraph comes into force.
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A3    (1)
This paragraph applies as regards any matter which falls within
the jurisdiction of the Tribunal.
      (2)
The Secretary of State may by regulations provide that, where the
persons mentioned in sub-paragraph (3) below agree in writing
that the matter is to be referred to arbitration, the matter shall be
5
so referred.
      (3)
The persons are the persons who, if the matter were to be the
subject of an appeal to the Tribunal, would be the parties to the
appeal.
Membership
10
A4
The Tribunal is to consist of the following members—
(a)
the President of the Valuation Tribunal for England;
(b)
one or more Vice-Presidents of the Valuation Tribunal for
England;
(c)
the members of a panel of persons to act as chairmen of the
15
Tribunal;
(d)
other persons appointed as members of the Tribunal.
A5
A Vice-President has the functions assigned to him by the
President.
A6    (1)
This paragraph applies if—
20
(a)
the office of President is vacant, or
(b)
the President is absent or otherwise unable to act.
      (2)
The President’s functions may be exercised by any Vice-President.
A7    (1)
It is for the Lord Chancellor to appoint the members of the
Tribunal.
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      (2)
It is for the Secretary of State to determine the terms and
conditions on which members of the Tribunal are to be appointed.
      (3)
Paragraphs A11 to A13 make further provision about
determination of remuneration etc.
A8    (1)
It is for the Secretary of State to determine the following matters—
30
(a)
how many Vice-Presidents the Tribunal is to have;
(b)
how many members the panel of chairmen is to have;
(c)
how many other members the Tribunal is to have.
      (2)
A determination under this paragraph may specify, in relation to
a class of member—
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(a)
a particular number, or
(b)
a minimum number or a maximum number, or both.
      (3)
Before making a determination under this paragraph the Secretary
of State must consult both of the following—
(a)
the President;
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(b)
the Valuation Tribunal Service.

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Tenure of office
A9    (1)
A member of the Tribunal shall hold office in accordance with the
terms and conditions of his appointment.
      (2)
That is subject to the other provisions of this Schedule.
A10
The Lord Chancellor may remove a member of the Tribunal from
5
office if the Lord Chancellor is satisfied that the member is—
(a)
unable,
(b)
unwilling, or
(c)
unfit (whether because of misbehaviour or otherwise),

to perform his functions as a member of the Tribunal.
10
Remuneration, allowances & pension
A11
It is for the Secretary of State to determine what (if any)
remuneration is payable to the President and the Vice-Presidents.
A12
It is for the Secretary of State to determine what (if any) allowances
(including travelling and subsistence allowances) are payable to
15
the members of the Tribunal.
A13
It is for the Secretary of State to determine—
(a)
what (if any) pension is payable to, or in respect of, a
person who has held office as President or Vice-President,
and
20
(b)
what (if any) amounts are payable towards provision for
the payment of a pension to, or in respect of, a person who
has held office as President or Vice-President.
A14
The Valuation Tribunal Service must pay any amount which is
payable in accordance with a determination made by the Secretary
25
of State under paragraph A11, A12 or A13.
Organisation & delegation
A15
The President may make arrangements for the organisation of the
Tribunal (whether in divisions or otherwise).
A16   (1)
The President or a Vice-President may delegate any of his
30
functions to any other member of the Tribunal.
      (2)
But where the President or a Vice-President has been selected to
deal with an appeal, that person may not delegate any function of
deciding that appeal.
      (3)
A member of the Tribunal to whom a function is delegated under
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sub-paragraph (1) may delegate the function to any other member
of the Tribunal (unless the delegation under sub-paragraph (1)
does not allow such sub-delegation).
      (4)
Any delegation under sub-paragraph (1) or (3) must be made in
writing.
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Dealing with appeals
A17   (1)
The President must make tribunal business arrangements.
      (2)
Tribunal business arrangements are arrangements which provide
for the selection of the member or members of the Tribunal to deal
with any appeal made to the Tribunal.
5
      (3)
Tribunal business arrangements must provide for at least one
senior member of the Tribunal to deal with an appeal.
      (4)
The senior members of the Tribunal are—
(a)
the President;
(b)
the Vice-Presidents;
10
(c)
the members of the panel of chairmen.
      (5)
Tribunal business arrangements must comply with, and are
subject to, regulations under paragraph A19.
A18   (1)
This paragraph applies if a member of the Tribunal dealing with
an appeal becomes unable to act.
15
      (2)
The other members dealing with the appeal may continue to deal
with the appeal.
      (3)
Or, if the member who becomes unable to act is the only member
dealing with the appeal, a further selection must be made in
accordance with tribunal business arrangements.
20
Regulations
A19   (1)
The Secretary of State may, by regulations, make provision in
relation to procedure or any other matter relating to the Tribunal.
      (2)
Regulations under this paragraph may include provision about
any of these matters—
25
(a)
the circumstances in which persons are disqualified from
becoming or continuing to be members of the Tribunal;
(b)
the circumstances in which members of the Tribunal are to
be disqualified from acting;
(c)
the factors which are not to disqualify persons from
30
becoming or continuing to be members of the Tribunal;
(d)
the factors which are not to disqualify members of the
Tribunal from acting;
(e)
the functions of the Tribunal relating to an appeal which
may be discharged on its behalf by the clerk of the Tribunal
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or by any other member of the Tribunal’s staff.
      (3)
Regulations under this paragraph may not make provision in
relation to staff, accommodation and equipment.
      (4)
Part 3 makes further provision about the kind of regulations that
may be made under this paragraph.
40
Interpretation
A20
In this Part—

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(a)
“Tribunal” means the Valuation Tribunal for England;
(b)
“President” means President of the Valuation Tribunal for
England;
(c)
“Vice-President” means Vice-President of the Valuation
Tribunal for England;
5
(d)
“panel of chairmen” means the panel of persons to act as
chairmen of the Tribunal;
(e)
“Tribunal’s staff” means the staff provided to the Tribunal
by (or under arrangements made by) the Valuation
Tribunal Service.”
10
Schedule 11 to be divided into Parts
3     (1)
The entries in the first column of the following table set out certain
provisions of Schedule 11 (as amended in accordance with this Schedule).
      (2)
The provisions set out in such an entry become the Part of Schedule 11 set
out in the corresponding entry in the second column.
15
      (3)
That Part has the title set out in the corresponding entry in the third column.

Provisions
Part
Title

Paragraphs 1 to 7A
Part 2
Valuation Tribunals: Wales

Paragraphs 8 to 12A
Part 3
Procedure, orders etc

Paragraphs 13 to 18
Part 4
Miscellaneous

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Retention of existing arrangements for Wales
4
In paragraph 1 (establishment of tribunals)—
(a)
in sub-paragraph (1) for “of tribunals” insert “, in relation to Wales,
of one or more tribunals”;
(b)
omit sub-paragraph (2)(a);
25
(c)
in sub-paragraph (2)(b) omit “so far as relating to Wales,”.
5
After paragraph 1 insert—
“1A
In this Part, references to a tribunal are references to any tribunal
established in relation to Wales by regulations under paragraph
1.”
30
6     (1)
Omit paragraph 3 (transfer of jurisdiction of local valuation courts).
      (2)
The repeal of paragraph 3 does not affect any regulations made under that
paragraph before the repeal comes into force.
7
In paragraph 5(1) (regulations about membership of tribunals), in sub-
paragraph (p) after “such” insert “remuneration and”.
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8
In paragraph 6(1) (staff) omit “, so far as relating to Wales,”.
9
In paragraph 7(1) (accommodation and equipment) omit “, so far as relating
to Wales,”.

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10    (1)
For the italic heading before paragraph 8 substitute—
“Dealing with appeals”
      (2)
Paragraph 8(1) becomes paragraph 7A of Schedule 11.
Amendment of provisions relating to England and to Wales
11
Before paragraph 8(2) insert—
5
“Procedure
8     (1)
Regulations under paragraph A19 or paragraph 1 may include
provision of any kind specified in this paragraph.”
12
In paragraph 9(2) for “paragraph 1” substitute “paragraph A19 or paragraph
1”.
10
13
In paragraph 10(2) for “paragraph 1” substitute “paragraph A19 or
paragraph 1”.
14
In paragraph 10A(2) for “paragraph 1” substitute “paragraph A19 or
paragraph 1”.
15
In paragraph 11(1) for “paragraph 1” substitute “paragraph A19 or
15
paragraph 1”.
16
In paragraph 12(1) for “paragraph 1” substitute “paragraph A19 or
paragraph 1”.
17
After paragraph 12 insert—
“Meaning of tribunal
20
12A
In this Part references to a tribunal are—
(a)
in relation to England, references to the Valuation Tribunal
for England;
(b)
in relation to Wales, references to a tribunal established
under paragraph 1 of this Schedule.”
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18    (1)
For the italic heading before paragraph 13 substitute—
“Finance: Wales”
      (2)
In paragraph 13 for “tribunals” substitute “the tribunals established in
relation to Wales by regulations under paragraph 1”.
19
In paragraph 15 for “paragraph 4” substitute “paragraph A3 or paragraph
30
4”.