- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
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(1)If at any time during a quinquennial period it is represented to the Railway Assessment Authority by the railway company concerned or by the rating authority of the rating area or the county valuation committee of the county within which the hereditament is situate, or by any person aggrieved, that—
(a)a hereditament entered in any part of the railway valuation roll as a railway hereditament occupied by the company ought to cease to be so entered by reason of some change which has, since the date on which the draft of that part was settled, occurred in the occupation, or in the character of the occupation, of that hereditament; or
(b)a hereditament not entered in the roll as a railway hereditament occupied by the company ought to be so entered by reason of some change which has, since the date on which the draft of the relevant part of the roll was settled, occurred in the occupation, or the character of the occupation, of that hereditament; or
(c)any premises which have been treated by the Authority as forming part of a railway hereditament occupied by the company, or as not forming part of any railway hereditament so occupied, ought to be treated differently by reason of some change which has, since the date on which the draft of the relevant part of the roll was settled, occurred in the occupation, or the character of the occupation, of those premises; or
(d)the value of a hereditament entered in any part of the roll as a railway hereditament occupied by the company has, since the date on which the draft of that part was settled, been affected by the making of structural alterations, or by the total or partial destruction of any building or other erection by fire or other physical cause; or
(e)the value of a hereditament entered in any part of the roll as a railway hereditament occupied by the company is incorrect by reason of some clerical or arithmetical error;
the Authority shall—
(i)if they have not already revised the relevant part of the roll, make in the course of their revision thereof such alteration, if any, as they think fit; or
(ii)if they have already revised that part, make in that part as revised such alteration, if any, with respect to the hereditament to which the representation relates, as they think fit:
Provided that no representation shall be made under this subsection with respect to any matter as to which a representation was made to the Authority under the Third Schedule to this Act.
(2)In any case where a representation is made under this section with respect to any hereditament, the Railway Assessment Authority shall give notice of their determination to the railway company concerned, to the county valuation committee of the county and the rating authority of the rating area within which the hereditament is situate, and to any person who appeared before the Authority as a party on the consideration of the representation.
(3)If, in any case where a representation is made under this section with respect to any hereditament, the railway company concerned, or the county valuation committee of the county, or the rating authority of the rating area, within which the hereditament is situate, or any person aggrieved, is dissatisfied with the determination of the Railway Assessment Authority, they may within such time as may be prescribed by rules made under subsection (4) of section nine of this Act appeal to the Railway and Canal Commissioners and the Commissioners may make any order which the Authority might have made.
(4)The provisions of subsections (3), (4) and (5) of the said section nine shall apply in relation to appeals under this section as they apply in relation to appeals under subsection (2) of that section.
(5)If at any time during a quinquennial period it appears to the railway assessment authority that by reason of alterations made in any part of the railway valuation roll since that part of the roll was revised by them (including any alteration made by them to give effect to the decision upon any appeal which was outstanding at the date of the revision) the total of the net annual values appearing in that part in respect of the railway hereditaments occupied by the railway company (in this subsection referred to as the " existing total'') differs from the total of the net annual values appearing in that part immediately after it was revised as aforesaid (in this subsection referred to as the " original total") by more than one per cent. of the original total, or by more than five thousand pounds, whichever may be the greater, the Railway Assessment Authority shall—
(a)in a case where the existing total is greater than the original total, reduce the net annual value of each railway hereditament occupied by the company by the amount which bears to the difference between the existing total and the original total the same proportion as the net annual value of the hereditament bears to the existing total;
(b)in a case where the existing total is less than the original total, increase the net annual value of each railway hereditament occupied by the company by the amount which bears to the difference between the existing total and the original total the same proportion as the net annual value of the hereditament bears to the existing total;
(c)make such alteration in the rateable value of each hereditament as may be necessary to give effect to the provisions of subsection (2) of section six of this Act with respect to the calculation of rateable value by reference to net annual value.
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