Appendix 2
S.I. 2009/2267: memorandum from the Department
for Communities and Local Government
Valuation Tribunal for England (Membership
and Transitional Provisions) Regulations 2009 (S.I. 2009/2267)
1. The Committee has requested a memorandum on
the following point-
"Are the words "but this is subject
to paragraphs (4) and (5)" in regulation 5(3) intended to
have the effect that a person to whom either of those paragraphs
applies automatically becomes a member again? If not, explain
the intended purpose and effect of including those words".
2. Yes. The intention was that regulation 5(3)
should produce an effect in relation to persons of the descriptions
in paragraph (1)(c) and (d) similar to that produced by virtue
of paragraphs (2) and (3) of regulation 9 of the Valuation and
Community Charge Tribunals Regulations 1989 (S.I. 1989/439)
("the 1989 Regulations") in relation to persons of the
similar descriptions in paragraph (1) of that regulation.
3. As the Committee will have noticed, the wording
in paragraph (2) of regulation 5 of the 2009 Regulations differs
from that in paragraphs (4) and (5). Paragraph (2) includes the
words "paragraph (1) shall not apply to M if M's conviction
is a spent conviction at the date of M's application for appointment".
Had the Department wished to achieve in paragraph (3) the same
effect as is achieved by paragraph (2), wording similar to that
in paragraph (2) would have been used.
4. So far as the Department is aware, neither
paragraph (2) nor paragraph (3) of regulation 9 of the 1989 Regulations
has ever been relied on. The possibility that a member of the
Valuation Tribunal for England would need to rely on regulation
5(4) or (5) of the 2009 Regulations must be remote.
5. If the Department's construction of regulation
5(3) is correct, it must be doubtful whether a person who had
been disqualified in the circumstances mentioned in regulation
5(1)(c) or (d) and rehabilitated by virtue of paragraph (4) or
(5) would want to continue as a member; an immediate resignation
is perhaps the more likely outcome. If the Department's construction
is incorrect, it is doubtful that such a person would seek appointment
as a member of the Tribunal.
10 November 2009
Department for Communities and Local Government
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