Local Government Finance Act 1988

[F1 Part 1 E+W The Valuation Tribunal for England

Textual Amendments

F1 Sch. 11 Pt. 1 inserted (1.4.2008 with the exception of Sch. 11 paras. A2, A3, A18, 12.12.2008 for the purpose of the insertion of Sch. 11 para. A3, 1.10.2009 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 15 para. 2; S.I. 2008/917, art. 2(1)(w)(2); S.I. 2008/3110, arts. 2(j), 6(c)(i)

Establishment E+W

A1 E+W There shall be a Valuation Tribunal for England.

Jurisdiction E+W

A2 (1) The jurisdiction of the existing English tribunals, including their jurisdiction under current legislation, is transferred to the Tribunal. E+W

(2) The jurisdiction of the existing English tribunals under current legislation is their jurisdiction under any of the following—

This Act

• Regulations under section 55.

• Paragraph 4 of Schedule 4A.

• Paragraph 5C of Schedule 9.

Land Drainage Act 1991 (c. 59)

Section 45.

Local Government Finance Act 1992 (c. 14)

• Section 16.

• Regulations under section 24.

• Paragraph 3 of Schedule 3.

(3) The jurisdiction transferred by this paragraph is to be exercised as regards all appeals under that jurisdiction, whether made before or after the transfer.

(4) The existing English tribunals are the valuation tribunals established in relation to England by regulations under this Schedule (prior to its amendment by the Local Government and Public Involvement in Health Act 2007) which are in existence immediately before this paragraph comes into force.

A3 (1) This paragraph applies as regards any matter which falls within the jurisdiction of the Tribunal. E+W

(2) The Secretary of State may by regulations provide that, where the persons mentioned in sub-paragraph (3) below agree in writing that the matter is to be referred to arbitration, the matter shall be so referred.

(3) The persons are the persons who, if the matter were to be the subject of an appeal to the Tribunal, would be the parties to the appeal.

Membership E+W

A4 E+W The Tribunal is to consist of the following members—

(a) the President of the Valuation Tribunal for England;

(b) one or more Vice-Presidents of the Valuation Tribunal for England;

(c) the members of a panel of persons to act as chairmen of the Tribunal;

(d) other persons appointed as members of the Tribunal.

A5 E+W A Vice-President has the functions assigned to him by the President.

A6 (1) This paragraph applies if— E+W

(a) the office of President is vacant, or

(b) the President is absent or otherwise unable to act.

(2) The President's functions may be exercised by any Vice-President.

A7 (1) It is for the Lord Chancellor to appoint the members of the Tribunal. E+W

(2) It is for the Secretary of State to determine the terms and conditions on which members of the Tribunal are to be appointed.

(3) Paragraphs A11 to A13 make further provision about determination of remuneration etc.

A8 (1) It is for the Secretary of State to determine the following matters— E+W

(a) how many Vice-Presidents the Tribunal is to have;

(b) how many members the panel of chairmen is to have;

(c) how many other members the Tribunal is to have.

(2) A determination under this paragraph may specify, in relation to a class of member—

(a) a particular number, or

(b) a minimum number or a maximum number, or both.

(3) Before making a determination under this paragraph the Secretary of State must consult both of the following—

(a) the President;

(b) the Valuation Tribunal Service.

Tenure of office E+W

A9 (1) A member of the Tribunal shall hold office in accordance with the terms and conditions of his appointment. E+W

(2) That is subject to the other provisions of this Schedule.

A10 E+W The Lord Chancellor may remove a member of the Tribunal from office if the Lord Chancellor is satisfied that the member is—

(a) unable,

(b) unwilling, or

(c) unfit (whether because of misbehaviour or otherwise),

to perform his functions as a member of the Tribunal.

Remuneration, allowances & pension E+W

A11 E+W It is for the Secretary of State to determine what (if any) remuneration is payable to the President and the Vice-Presidents.

A12 E+W It is for the Secretary of State to determine what (if any) allowances (including travelling and subsistence allowances) are payable to the members of the Tribunal.

A13 E+W It is for the Secretary of State to determine—

(a) what (if any) pension is payable to, or in respect of, a person who has held office as President or Vice-President, and

(b) what (if any) amounts are payable towards provision for the payment of a pension to, or in respect of, a person who has held office as President or Vice-President.

A14 E+W The Valuation Tribunal Service must pay any amount which is payable in accordance with a determination made by the Secretary of State under paragraph A11, A12 or A13.

Organisation & delegation E+W

A15 E+W The President may make arrangements for the organisation of the Tribunal (whether in divisions or otherwise).

A16 (1) The President or a Vice-President may delegate any of his functions to any other member of the Tribunal. E+W

(2) But where the President or a Vice-President has been selected to deal with an appeal, that person may not delegate any function of deciding that appeal.

(3) A member of the Tribunal to whom a function is delegated under sub-paragraph (1) may delegate the function to any other member 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 E+W

A17 (1) The President must make tribunal business arrangements. E+W

(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 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.

(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. E+W

(2) The other members dealing with the appeal may continue to deal 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.

[F2 Power for member of First-tier Tribunal to act as member of the Tribunal E+W

Textual Amendments

F2 Sch. 11 para. A18A and cross-heading inserted (31.10.2012) by Local Government Finance Act 2012 (c. 17), Sch. 4 para. 2

A18A (1) A member of the First-tier Tribunal (an “FTT member”) may act as a member of the Valuation Tribunal for England. E+W

(2) An FTT member may only act as a member of the Tribunal—

(a) at the request of the President and with the approval of the Senior President of Tribunals,

(b) in relation to an appeal that relates, in whole or in part, to a council tax reduction scheme made or having effect as if made by a billing authority in England, and

(c) if the FTT member is not disqualified from being, or acting as, a member of the Tribunal.

(3) A request under sub-paragraph (2)(a)—

(a) may relate to a particular appeal or to appeals of a particular kind,

(b) may be made only if the President thinks that FTT members are likely to have particular expertise that is relevant to the determination of the appeal, or to appeals of the kind, to which it relates.

(4) An approval under sub-paragraph (2)(a) may relate to a particular appeal or to appeals of a particular kind.

(5) The President may withdraw a request at any time; and an FTT member acting as a Tribunal member in response to a request must cease to do so if it is withdrawn.

(6) References in this Schedule and in regulations made under paragraph A19 to a member of the Tribunal include an FTT member acting as a member of the Tribunal.

(7) But sub-paragraph (6) does not apply—

(a) to paragraph A7, A8, A9, A10 or A12 (which make provision about the appointment and removal of, numbers of, and payments to, members of the Tribunal);

(b) to regulations under paragraph A19, if and to extent that the regulations provide that it does not apply.

(8) The Valuation Tribunal Service may make payments to the Lord Chancellor in respect of the expenditure incurred by the Lord Chancellor in paying remuneration, allowances or expenses to an FTT member whilst acting as a member of the Tribunal.

(9) In this paragraph—

(a) references to an appeal include a review by the Tribunal of a decision made by it on an appeal,

(b) “council tax reduction scheme” has the same meaning as in Part 1 of the Local Government Finance Act 1992 (see section 13A(9) of that Act).]

Regulations E+W

A19 (1) The Secretary of State may, by regulations, make provision in relation to procedure or any other matter relating to the Tribunal. E+W

(2) Regulations under this paragraph may include provision about any of these matters—

(a) the circumstances in which persons are disqualified from 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;

(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.

(3) Regulations under this paragraph may not make provision in relation to staff, accommodation and equipment.

(4) Part 3 makes further provision about the kind of regulations that may be made under this paragraph.

Interpretation E+W

A20 E+W In this Part—

(a) “Tribunal” means the Valuation Tribunal for England;

(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 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.]