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Statutory Rules of Northern Ireland

2012 No. 217

Rates

The Valuation Tribunal (Amendment No. 2) Rules (Northern Ireland) 2012

Made

23rd May 2012

Coming into operation

25th June 2012

The Department of Justice makes the following Rules in exercise of the powers conferred by Article 36A(3) of, and paragraph 7 of Schedule 9B to, the Rates (Northern Ireland) Order 1977(1).

Citation and commencement

1.  These Rules may be cited as the Valuation Tribunal (Amendment No.2) Rules (Northern Ireland) 2012 and shall come into operation on 25th June 2012.

Amendment to the Valuation Tribunal Rules (Northern Ireland) 2007

2.  The Valuation Tribunal Rules (Northern Ireland) 2007(2) are amended in accordance with rules 3 to 5.

3.  In rule 2(1) (interpretation)—

(a)in paragraph (a) of the definition of “appeal” for “or 54” substitute “, 54 or paragraph 9(1) of Schedule 8B to,”;

(b)in paragraph (a) of the definition of “respondent” after “Article 13(3) or 31A(12B) of” insert “, or paragraph 9 of Schedule 8B to,”.

4.  In rule 5 (notice of appeal) after paragraph (h) insert—

“(i)an appeal under paragraph 9 of Schedule 8B to the 1977 Order shall be instituted by delivering to the Secretary a notice of appeal in accordance with Form 9 within 28 days of the Commissioner issuing the decision.”.

5.  In the Schedule after Form 8 insert the form set out in the Schedule to these Rules.

Sealed with the Official Seal of the Department of Justice on 23rd May 2012

Legal seal

David Ford

Minister of Justice

Rule 5

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Rules)

The Valuation Tribunal Rules (Northern Ireland) 2007 (S.R. 2007 No. 182) (“the principal Rules”) regulate the exercise of the rights of appeal to the Northern Ireland Valuation Tribunal (“the Tribunal”) and prescribe the practice and procedure in relation to the proceedings before the Tribunal.

These Rules amend the principal Rules in consequence of the introduction of a right to appeal to the Tribunal from a decision of the Commissioner of Valuation for Northern Ireland on an appeal against a building completion notice where that decision concerns a building which is, or when next in use is likely to be, used wholly for the purposes of a private dwelling.

(1)

S.I. 1977/2157 (N.I. 28); Article 36A was inserted by Article 29(1) of the Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)) and Schedule 9B was inserted by Article 29(2) of, and Schedule 1 to, that Order. These powers were transferred from the Lord Chancellor to the Department of Justice by Article 15(1) of, and paragraph 30 of Schedule 17 to, the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976).