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The Valuation and Community Charge Tribunals (Transfer of Jurisdiction) Regulations 1989

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4.  The Land Drainage Act 1976(1) shall be amended as indicated in Table 2.

TABLE 2

(1)(2)(3)
ProvisionWords to be replacedWords substituted
section 78(5)paragraphs (a) and (b)

(a)the clerk of the valuation and community charge tribunal established in accordance with regulations under Schedule 11 to the Local Government Finance Act 1988 for the area in which the land to which the determination relates is situated, or

(b)where different parts of that land are situated in different areas for which such tribunals are established, the clerk of such one of those tribunals as may be determined by or under the Drainage Rates (Appeals) Regulations 1970.

section 78(6)“a local valuation court”“a valuation and community charge tribunal”
section 79(1)subsections (1) and (2)

(1) It shall be the duty of the president of the valuation and community charge tribunal to whose clerk a notice of objection is transmitted in pursuance of section 78 above to arrange for the appeal to which the notice relates to be heard and determined; and subsections (5) and (6) of section 88 of the General Rate Act 1967 shall apply to the constitution the tribunal to hear and determine the appeal and to the rehearing of the appeal in case of such failure to agree as is mentioned in the said subsection (6).

(2) The procedure of a valuation and community charge tribunal shall subject to the Drainage Rates (Appeals) Regulations 1970 be such as the tribunal may determine; and the tribunal–

(a)shall sit in public, unless the tribunal otherwise orders on the application of any party to the appeal and upon being satisfied that the interests of that party would be prejudicially affected; and

(b)may take evidence on oath and shall have power to administer oaths.

section 79(3) and (5)“a local valuation court”“a valuation and community charge tribunal”
section 79(4)“The court to which an appeal is brought”“The tribunal which is convened to determine an appeal”
(1)

S.I. 1970/1152. The Regulations have effect as if made under the Land Drainage Act 1976 by virtue of paragraph 6 of Schedule 6 to that Act.

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