SCHEDULE 2AMENDMENTS TO RATING AND LAND DRAINAGE LEGISLATION

PART IIland drainage appeals

4.

The Land Drainage Act 197620 shall be amended as indicated in Table 2.
TABLE 2

(1)

(2)

(3)

Provision

Words to be replaced

Words 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”

5.

The Drainage Rates (Appeals) Regulations 197020 shall have effect as if they were amended as follows:–

(i)

in regulation 2, by the substitution of the definitions set out in column 2 of Table 3 for the definitions mentioned in column 1:

TABLE 3

(1)

(2)

“the court”

““the tribunal” means the valuation and community charge tribunal convened under section 79(1) of the Land Drainage Act 1976 to hear and determine the appeal;”

“the chairman”

““the chairman” means the member of the tribunal presiding at the hearing;”

“panel area”

““tribunal area” means the area for which a valuation and community charge tribunal is established in accordance with regulations under Schedule 11 to the Local Government Finance Act 1988;”

“prescribed panel”

““prescribed tribunal” has the meaning assigned to it by regulation 3;”

“relevant panel area”

““relevant tribunal area”, in relation to a divided hereditament, means a tribunal area in which a part of the hereditament is situated;”

(ii)

in regulation 2, by the omission of the definition of “panel” and by the substitution of “tribunal area” for “panel area” in the definition of “undivided hereditament”;

(iii)

in regulations 3 to 9 and 11 to 16 by the substitution of the words in column 2 of Table 4 for the words in column 1:–

TABLE 4

(1)

(2)

“the panel”

“the valuation and community charge tribunal”

“panel area”

“tribunal area”

“prescribed panel”

“prescribed tribunal”

“relevant panel area”

“relevant tribunal area”

“the court”

“the valuation and community charge tribunal”.