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Consequential amendments relating to the creation of
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the Valuation Tribunal for England |
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House of Commons Disqualification Act 1975 (c. 24) |
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1 | In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 |
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(bodies of which all members are disqualified), insert at the appropriate |
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“The Valuation Tribunal for England.” |
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Local Government Finance Act 1988 (c. 41) |
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2 | The Local Government Finance Act 1988 is amended as follows. |
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3 (1) | Section 55 (alteration of lists) is amended in accordance with this paragraph. |
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(2) | In subsection (5) omit “established under Schedule 11 below”. |
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(3) | After subsection (7A) insert— |
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“(8) | In this section “valuation tribunal” means— |
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(a) | in relation to England: the Valuation Tribunal for England; |
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(b) | in relation to Wales: a valuation tribunal established under |
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paragraph 1 of Schedule 11.” |
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4 (1) | Schedule 4A (non-domestic rating: new buildings (completion days)) is |
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amended in accordance with this paragraph. |
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(2) | In paragraph 4 (appeals against completion notices), after sub-paragraph (2) |
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“(3) | In this paragraph “valuation tribunal” means— |
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(a) | in relation to England: the Valuation Tribunal for England; |
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(b) | in relation to Wales: a valuation tribunal established under |
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paragraph 1 of Schedule 11.” |
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5 (1) | Schedule 9 (non-domestic rating: administration) is amended in accordance |
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(2) | In paragraph 5C (non-compliance with information notice: appeals against |
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penalties), after sub-paragraph (6) insert— |
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“(7) | In this paragraph “valuation tribunal” means— |
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(a) | in relation to England: the Valuation Tribunal for England; |
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(b) | in relation to Wales: a valuation tribunal established under |
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paragraph 1 of Schedule 11.” |
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Land Drainage Act 1991 (c. 59) |
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6 (1) | Section 45 of the Land Drainage Act 1991 (appeals against determinations of |
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annual value) is amended in accordance with this paragraph. |
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(2) | In subsection (7)(a) omit “, in accordance with regulations under Schedule |
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11 to the Local Government Finance Act 1988,”. |
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(3) | After subsection (7) insert— |
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“(8) | For the purposes of subsection (7)— |
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(a) | “valuation tribunal” means— |
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(i) | the Valuation Tribunal for England, or |
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(ii) | a valuation tribunal established under paragraph 1 of |
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Schedule 11 to the Local Government Finance Act |
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(b) | England is to be treated as the area for which the Valuation |
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Tribunal for England is established.” |
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Local Government Finance Act 1992 (c. 14) |
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7 (1) | Section 69 of the Local Government Finance Act 1992 (interpretation etc of |
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Part 1) is amended in accordance with this paragraph. |
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(2) | In subsection (1), for the definition of “valuation tribunal” substitute— |
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““valuation tribunal” means— |
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(a) | in relation to England: the Valuation Tribunal for |
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(b) | in relation to Wales: a valuation tribunal established |
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under paragraph 1 of Schedule 11 to the 1988 Act.” |
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Tribunals and Inquiries Act 1992 (c. 53) |
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8 (1) | Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct |
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supervision of Council on Tribunals) is amended in accordance with this |
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(2) | In entry 28, for “Valuation tribunals established” substitute “The Valuation |
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Tribunal for England and the valuation tribunals established in relation to |
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9 (1) | Section 78A of the Finance Act 2003 (disclosure of information contained in |
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land transaction returns) is amended in accordance with this paragraph. |
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(2) | In subsection (1)(b), omit “established under Schedule 11 to the Local |
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Government Finance Act 1988”. |
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(3) | After subsection (3) insert— |
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“(4) | In this section “valuation tribunal” means— |
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(a) | in relation to England: the Valuation Tribunal for England; |
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(b) | in relation to Wales: a valuation tribunal established under |
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paragraph 1 of Schedule 11 to the Local Government Finance |
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Local Government Act 2003 (c. 26) |
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10 | The Local Government Act 2003 is amended as follows. |
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11 (1) | Section 105 (the Valuation Tribunal Service) is amended in accordance with |
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(a) | for “valuation tribunals in England” substitute “the Valuation |
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Tribunal for England (referred to in this section and Schedule 4 as |
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(b) | in paragraph (a) for “tribunals” substitute “the Tribunal”; |
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(c) | in paragraph (a)(ii) for “clerks to tribunals” substitute “the clerk of |
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(d) | in paragraph (a)(v) for “(including clerks to) tribunals” substitute |
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“the Tribunal (including the clerk of the Tribunal)”; |
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(e) | after paragraph (a) insert— |
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“(aa) | making payments in accordance with paragraph A14 |
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of Schedule 11 to the Local Government Finance Act |
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(f) | in paragraph (b) for “tribunals” substitute “the Tribunal”. |
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(a) | for “valuation tribunals” substitute “the Tribunal”; |
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(b) | for “their” substitute “its”. |
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(a) | for “valuation tribunals” substitute “the Tribunal”; |
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(b) | for “the Tribunals concerned” substitute “the President of the |
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12 | In section 124 (general interpretation), omit the definition of “valuation |
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13 (1) | Schedule 4 (the Valuation Tribunal Service) is amended in accordance with |
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(2) | In paragraph 1 (membership)— |
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(a) | after sub-paragraph (1) insert— |
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“(1A) | The Secretary of State must appoint the person who is for |
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the time being President of the Tribunal as one of the |
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members of the Service (unless that person is already a |
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member of the Service).”; |
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(b) | for sub-paragraph (3)(a) substitute— |
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“(a) | a majority are senior members of the Tribunal, |
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(3) | In paragraph 3 (tenure of office)— |
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(a) | after sub-paragraph (1) insert— |
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“(1A) | The person who is for the time being President of the |
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Tribunal shall hold office as a member of the Service for as |
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long as he remains President of the Tribunal.”; |
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(b) | in sub-paragraph (2) after “A person” insert “other than the President |
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(4) | In paragraph 4 (cessation of membership), for sub-paragraph (1)(b) |
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“(b) | he ceases to be President of the Tribunal (whether or not he |
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was appointed to the Service by virtue of being President), |
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(ba) | having been a Vice-President of the Tribunal, or a member |
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of the panel of chairmen of the Tribunal, at the time of his |
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appointment, he ceases to hold that office without being |
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appointed to another of the senior offices of the Tribunal, |
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(5) | For paragraph 9 substitute— |
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“9 | The Service shall not appoint an employee to be the clerk of the |
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Tribunal without the consent of the President of the Tribunal.” |
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(6) | In paragraph 27 (interpretation), after the definition of “financial year” |
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““senior member of the Tribunal” means a person holding one |
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of the senior offices of the Tribunal; |
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“senior offices of the Tribunal” means any of these offices— |
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(a) | President of the Tribunal; |
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(b) | Vice-President of the Tribunal; |
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(c) | member of the panel of chairmen of the Tribunal.” |
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Constitutional Reform Act 2005 (c. 4) |
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14 | The Constitutional Reform Act 2005 is amended as follows. |
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15 (1) | Schedule 7 (protected functions of the Lord Chancellor) is amended in |
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accordance with this paragraph. |
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(2) | In Part A of that Schedule (general), insert at the appropriate place— |
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| “Local Government Finance Act 1988
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Schedule 11, paragraph A7” |
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16 (1) | Schedule 14 (Judicial Appointments Commission: relevant offices and |
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enactments) is amended in accordance with this paragraph. |
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(2) | In Part 3 of the Schedule, insert at the appropriate place— |
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| “President of the Valuation |
| Paragraph A7 of Schedule 11 to the |
| | | | | Local Government Finance Act 1988 |
| | | | Vice-President of the Valuation |
| Paragraph A7 of Schedule 11 to the |
| | | | | Local Government Finance Act 1988 |
| | 30 | | Member of the panel of chairmen |
| Paragraph A7 of Schedule 11 to the |
| | | | of the Valuation Tribunal for |
| Local Government Finance Act 1988 |
| | | | | | | | | Other member of the Valuation |
| Paragraph A7 of Schedule 11 to the |
| | | | | Local Government Finance Act 1988” |
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