The Valuation and Community Charge Tribunals Regulations 1989

Chairmen

8.—(1) The number of members of a tribunal to be appointed to the position of chairman shall be stated by the Secretary of State.

(2) Within the prescribed period, the members of a tribunal shall in accordance with this regulation appoint the appropriate number of chairmen by election from among their number; and the president may be appointed under this paragraph.

(3) The first election in pursuance of this regulation shall not be held before the expiry of one week beginning on the day on which notice of the election is issued in accordance with paragraph (5) by the clerk of the local valuation panel for the area of the tribunal.

(4) No other election in pursuance of this regulation shall be held before the expiry of two weeks beginning on the day on which notice of the election is issued in accordance with paragraph (5) by the clerk of the tribunal.

(5) The notices required by paragraphs (3) and (4) shall be served on all persons who are members of the tribunal at the date on which the notice in question is issued.

(6) The members elected as chairmen shall be the appropriate number of members who have the highest number of votes cast.

(7) For the purposes of paragraph (6) each member shall have a number of votes equal to the appropriate number, and may cast no more than one vote for each candidate; and where in relation to any vacancy the election results in a tie, the person or persons to be appointed from among the candidates with equal votes shall be determined by lot.

(8) Where at the expiry of the prescribed period no election has taken place in accordance with this regulation, the Secretary of State shall, after consultation with the president, appoint the appropriate number of members to be chairmen.

(9) A chairman shall hold office until whichever of the following first occurs–

(a) the period of his membership for the time being specified under regulation 6(1) expires;

(b) he ceases to be a member of the tribunal;

(c) he resigns by giving notice in writing to the president;

(d) notice of termination under paragraph (10) takes effect.

(10) The president–

(a) may after consultation with each of the tribunal’s other chairmen by giving notice in writing to a chairman terminate his office; and

(b) shall if so directed by the Secretary of State give a chairman notice in writing terminating his office, which notice shall take effect on the expiry of such period as may be so directed.

(11) Before giving a direction under paragraph (10)(b) the Secretary of State shall consult the president.

(12) In this regulation–

“the appropriate number” means the stated number less the number of persons for the time being holding office as chairman;

“the prescribed period” means three weeks beginning with the operative date, or three months beginning with a vacancy occurring among the stated number, as the case may be; and

“the stated number” means the number stated by the Secretary of State in pursuance of paragraph (1).