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Local Government and Public Involvement in Health Bill


Local Government and Public Involvement in Health Bill
Schedule 13 — Consequential amendments relating to the creation of the Valuation Tribunal for England

176

 

Schedule 13

Section 171

 

Consequential amendments relating to the creation of

the Valuation Tribunal for England

House of Commons Disqualification Act 1975 (c. 24)

1          

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

5

(bodies of which all members are disqualified), insert at the appropriate

place—

“The Valuation Tribunal for England.”

Local Government Finance Act 1988 (c. 41)

2          

The Local Government Finance Act 1988 is amended as follows.

10

3     (1)  

Section 55 (alteration of lists) is amended in accordance with this paragraph.

      (2)  

In subsection (5) omit “established under Schedule 11 below”.

      (3)  

After subsection (7A) insert—

“(8)   

In this section “valuation tribunal” means—

(a)   

in relation to England: the Valuation Tribunal for England;

15

(b)   

in relation to Wales: a valuation tribunal established under

paragraph 1 of Schedule 11.”

4     (1)  

Schedule 4A (non-domestic rating: new buildings (completion days)) is

amended in accordance with this paragraph.

      (2)  

In paragraph 4 (appeals against completion notices), after sub-paragraph (2)

20

insert—

    “(3)  

In this paragraph “valuation tribunal” means—

(a)   

in relation to England: the Valuation Tribunal for England;

(b)   

in relation to Wales: a valuation tribunal established under

paragraph 1 of Schedule 11.”

25

5     (1)  

Schedule 9 (non-domestic rating: administration) is amended in accordance

with this paragraph.

      (2)  

In paragraph 5C (non-compliance with information notice: appeals against

penalties), after sub-paragraph (6) insert—

    “(7)  

In this paragraph “valuation tribunal” means—

30

(a)   

in relation to England: the Valuation Tribunal for England;

(b)   

in relation to Wales: a valuation tribunal established under

paragraph 1 of Schedule 11.”

Land Drainage Act 1991 (c. 59)

6     (1)  

Section 45 of the Land Drainage Act 1991 (appeals against determinations of

35

annual value) is amended in accordance with this paragraph.

      (2)  

In subsection (7)(a) omit “, in accordance with regulations under Schedule

11 to the Local Government Finance Act 1988,”.

 

 

Local Government and Public Involvement in Health Bill
Schedule 13 — Consequential amendments relating to the creation of the Valuation Tribunal for England

177

 

      (3)  

After subsection (7) insert—

“(8)   

For the purposes of subsection (7)—

(a)   

“valuation tribunal” means—

(i)   

the Valuation Tribunal for England, or

(ii)   

a valuation tribunal established under paragraph 1 of

5

Schedule 11 to the Local Government Finance Act

1988;

(b)   

England is to be treated as the area for which the Valuation

Tribunal for England is established.”

Local Government Finance Act 1992 (c. 14)

10

7     (1)  

Section 69 of the Local Government Finance Act 1992 (interpretation etc of

Part 1) is amended in accordance with this paragraph.

      (2)  

In subsection (1), for the definition of “valuation tribunal” substitute—

““valuation tribunal” means—

(a)   

in relation to England: the Valuation Tribunal for

15

England;

(b)   

in relation to Wales: a valuation tribunal established

under paragraph 1 of Schedule 11 to the 1988 Act.”

Tribunals and Inquiries Act 1992 (c. 53)

8     (1)  

Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct

20

supervision of Council on Tribunals) is amended in accordance with this

paragraph.

      (2)  

In entry 28, for “Valuation tribunals established” substitute “The Valuation

Tribunal for England and the valuation tribunals established in relation to

Wales”.

25

Finance Act 2003 (c. 14)

9     (1)  

Section 78A of the Finance Act 2003 (disclosure of information contained in

land transaction returns) is amended in accordance with this paragraph.

      (2)  

In subsection (1)(b), omit “established under Schedule 11 to the Local

Government Finance Act 1988”.

30

      (3)  

After subsection (3) insert—

“(4)   

In this section “valuation tribunal” means—

(a)   

in relation to England: the Valuation Tribunal for England;

(b)   

in relation to Wales: a valuation tribunal established under

paragraph 1 of Schedule 11 to the Local Government Finance

35

Act 1988.”

Local Government Act 2003 (c. 26)

10         

The Local Government Act 2003 is amended as follows.

11    (1)  

Section 105 (the Valuation Tribunal Service) is amended in accordance with

this paragraph.

40

 

 

Local Government and Public Involvement in Health Bill
Schedule 13 — Consequential amendments relating to the creation of the Valuation Tribunal for England

178

 

      (2)  

In subsection (2)—

(a)   

for “valuation tribunals in England” substitute “the Valuation

Tribunal for England (referred to in this section and Schedule 4 as

“the Tribunal”)”;

(b)   

in paragraph (a) for “tribunals” substitute “the Tribunal”;

5

(c)   

in paragraph (a)(ii) for “clerks to tribunals” substitute “the clerk of

the Tribunal”;

(d)   

in paragraph (a)(v) for “(including clerks to) tribunals” substitute

“the Tribunal (including the clerk of the Tribunal)”;

(e)   

after paragraph (a) insert—

10

“(aa)   

making payments in accordance with paragraph A14

of Schedule 11 to the Local Government Finance Act

1988;”;

(f)   

in paragraph (b) for “tribunals” substitute “the Tribunal”.

      (3)  

In subsection (5)—

15

(a)   

for “valuation tribunals” substitute “the Tribunal”;

(b)   

for “their” substitute “its”.

      (4)  

In subsection (6)—

(a)   

for “valuation tribunals” substitute “the Tribunal”;

(b)   

for “the Tribunals concerned” substitute “the President of the

20

Tribunal”.

12         

In section 124 (general interpretation), omit the definition of “valuation

tribunal”.

13    (1)  

Schedule 4 (the Valuation Tribunal Service) is amended in accordance with

this paragraph.

25

      (2)  

In paragraph 1 (membership)—

(a)   

after sub-paragraph (1) insert—

   “(1A)  

The Secretary of State must appoint the person who is for

the time being President of the Tribunal as one of the

members of the Service (unless that person is already a

30

member of the Service).”;

(b)   

for sub-paragraph (3)(a) substitute—

“(a)   

a majority are senior members of the Tribunal,

and”.

      (3)  

In paragraph 3 (tenure of office)—

35

(a)   

after sub-paragraph (1) insert—

   “(1A)  

The person who is for the time being President of the

Tribunal shall hold office as a member of the Service for as

long as he remains President of the Tribunal.”;

(b)   

in sub-paragraph (2) after “A person” insert “other than the President

40

of the Tribunal”.

      (4)  

In paragraph 4 (cessation of membership), for sub-paragraph (1)(b)

substitute—

“(b)   

he ceases to be President of the Tribunal (whether or not he

was appointed to the Service by virtue of being President),

45

 

 

Local Government and Public Involvement in Health Bill
Schedule 13 — Consequential amendments relating to the creation of the Valuation Tribunal for England

179

 

(ba)   

having been a Vice-President of the Tribunal, or a member

of the panel of chairmen of the Tribunal, at the time of his

appointment, he ceases to hold that office without being

appointed to another of the senior offices of the Tribunal,

or”.

5

      (5)  

For paragraph 9 substitute—

“9         

The Service shall not appoint an employee to be the clerk of the

Tribunal without the consent of the President of the Tribunal.”

      (6)  

In paragraph 27 (interpretation), after the definition of “financial year”

insert—

10

““senior member of the Tribunal” means a person holding one

of the senior offices of the Tribunal;

“senior offices of the Tribunal” means any of these offices—

(a)   

President of the Tribunal;

(b)   

Vice-President of the Tribunal;

15

(c)   

member of the panel of chairmen of the Tribunal.”

Constitutional Reform Act 2005 (c. 4)

14         

The Constitutional Reform Act 2005 is amended as follows.

15    (1)  

Schedule 7 (protected functions of the Lord Chancellor) is amended in

accordance with this paragraph.

20

      (2)  

In Part A of that Schedule (general), insert at the appropriate place—

           

“Local Government Finance Act 1988

Schedule 11, paragraph A7”

16    (1)  

Schedule 14 (Judicial Appointments Commission: relevant offices and

enactments) is amended in accordance with this paragraph.

25

      (2)  

In Part 3 of the Schedule, insert at the appropriate place—

 

“President of the Valuation

Paragraph A7 of Schedule 11 to the

 
 

Tribunal for England

Local Government Finance Act 1988

 
 

Vice-President of the Valuation

Paragraph A7 of Schedule 11 to the

 
 

Tribunal for England

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

 
 

England

  
 

Other member of the Valuation

Paragraph A7 of Schedule 11 to the

 
 

Tribunal for England

Local Government Finance Act 1988”

 

35

 

 

 
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