Local Government and Public Involvement in Health Bill

House of Lords

Session 2006 - 07
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Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Schedule 16 — The Valuation Tribunal for England
237

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.
Dealing with appeals
5
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.
      (3)
Tribunal business arrangements must provide for at least one
10
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;
(c)
the members of the panel of chairmen.
15
      (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.
      (2)
The other members dealing with the appeal may continue to deal
20
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.
Regulations
25
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—
(a)
the circumstances in which persons are disqualified from
30
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
becoming or continuing to be members of the Tribunal;
35
(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
or by any other member of the Tribunal’s staff.
40
      (3)
Regulations under this paragraph may not make provision in
relation to staff, accommodation and equipment.

Local Government and Public Involvement in Health Bill
Schedule 16 — The Valuation Tribunal for England
238

      (4)
Part 3 makes further provision about the kind of regulations that
may be made under this paragraph.
Interpretation
A20
In this Part—
(a)
“Tribunal” means the Valuation Tribunal for England;
5
(b)
“President” means President of the Valuation Tribunal for
England;
(c)
“Vice-President” means Vice-President of the Valuation
Tribunal for England;
(d)
“panel of chairmen” means the panel of persons to act as
10
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.”
Schedule 11 to be divided into Parts
15
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.
      (3)
That Part has the title set out in the corresponding entry in the third column.
20

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

Retention of existing arrangements for Wales
25
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);
(c)
in sub-paragraph (2)(b) omit “so far as relating to Wales,”.
30
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.”
6     (1)
Omit paragraph 3 (transfer of jurisdiction of local valuation courts).
35
      (2)
The repeal of paragraph 3 does not affect any regulations made under that
paragraph before the repeal comes into force.

Local Government and Public Involvement in Health Bill
Schedule 16 — The Valuation Tribunal for England
239

7
In paragraph 5(1) (regulations about membership of tribunals), in sub-
paragraph (p) after “such” insert “remuneration and”.
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,”.
5
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—
10
“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”.
15
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
20
paragraph 1”.
16
In paragraph 12(1) for “paragraph 1” substitute “paragraph A19 or
paragraph 1”.
17
After paragraph 12 insert—
“Meaning of tribunal
25
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.”
30
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
35
4”.

Local Government and Public Involvement in Health Bill
Schedule 17 — Consequential amendments relating to the creation of the Valuation Tribunal for England
240

Schedule 17
Section 225

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 17 — Consequential amendments relating to the creation of the Valuation Tribunal for England
241

      (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 17 — Consequential amendments relating to the creation of the Valuation Tribunal for England
242

      (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 17 — Consequential amendments relating to the creation of the Valuation Tribunal for England
243

(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