The Lands Tribunal (Amendment) Rules (Northern Ireland) 2007

Appeals from decision or direction of the Valuation Tribunal

4.  In rule A1—

(a) in paragraphs (1) and (2) for the words “21 days” there shall be substituted the words “28 days”; and

(b) at the end there shall be added the following paragraphs—

“(4) Subject to paragraphs (11) and (12), an appeal under Article 54A of the Rates Order against a decision or direction of the Valuation Tribunal shall be instituted by serving on the registrar a notice of appeal in accordance with Form AC within 28 days from the date of the grant of leave of appeal by the President of the Valuation Tribunal.

(5) A notice of appeal under paragraph (4) shall be accompanied by—

(a) a copy of the decision or direction of the Valuation Tribunal against which the appeal is made; and

(b) a copy of the decision of the President of the Valuation Tribunal granting leave to appeal.

(6) An application for leave to appeal under Article 54A of the Rates Order against a decision or direction of the Valuation Tribunal may be made to the Lands Tribunal only where the applicant has been refused leave to appeal by the President of the Valuation Tribunal.

(7) An application to the Lands Tribunal for leave to appeal under Article 54A of the Rates Order against a decision or direction of the Valuation Tribunal shall be made by serving on the registrar a notice of application in accordance with Form AD within 28 days from the date of refusal of leave to appeal by the President of the Valuation Tribunal.

(8) A notice of application under paragraph (7) shall be accompanied by—

(a) a copy of the decision or direction of the Valuation Tribunal against which leave to appeal is being sought; and

(b) a copy of the decision of the President of the Valuation Tribunal refusing leave to appeal.

(9) If the matter of an appeal would be such as to require alteration to be made in the amount of rate payable by any person other than the applicant, or in the valuation of any hereditament for which any such person is liable to be rated, the applicant shall also at the same time serve a copy of the notice of application on each such person who may within 28 days from the date of the notice of application serve notice on the registrar of his intention to appear as a party on such application stating—

(a) his interest in the matter; and

(b) an address for service of documents upon him.

(10) Any other person not served with a copy of a notice of application under paragraph (9) who claims to be entitled to appear and be heard on such application, may serve notice on the registrar of his intention to appear stating—

(a) his interest in the matter; and

(b) an address for service of documents upon him.

(11) Where the Lands Tribunal grants leave to appeal under Article 54A of the Rates Order, the notice of application for leave shall be taken to constitute the notice of appeal and to have been received by the Lands Tribunal on the date on which leave to appeal is granted.

(12) If on consideration of an application for leave to appeal the Lands Tribunal is minded to grant leave, it may, with the consent of all the parties, treat the application as the appeal.”.