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The Valuation (Proposals Procedure) (Scotland) Regulations 2022
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- Scottish Statutory Instruments
- 2022 No. 369
- Regulation 6
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The Valuation (Proposals Procedure) (Scotland) Regulations 2022, Section 6 is up to date with all changes known to be in force on or before 18 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Incomplete proposalsS
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6.—(1) Where a proposal does not contain all of the information required under regulation 5(1)(d) the assessor may decide the proposal is incomplete.
(2) Where the assessor decides that a proposal is incomplete the assessor must, within the period of 56 days beginning with the day on which the proposal is presumed to have been received by the assessor, send to the proposer a notice in writing—
(a)indicating the date on which the proposal was received,
(b)specifying the information required by regulation 5(1)(d) which the assessor considers has not been supplied, and
(c)advising the proposer that the assessor will make a decision on the proposal, namely not to alter the relevant entry in the valuation roll, if, at the end of the last day of the period of 28 days beginning with the day on which the notice is presumed to have been received by the proposer, the proposer has neither provided the information specified in the notice, such that the proposal is considered to be complete, nor requested a review under paragraph (3).
(3) The proposer may, within the period of 14 days beginning with the day on which the notice under paragraph (2) is presumed to have been received, request that the decision of the assessor that the proposal is incomplete be reviewed.
(4) Where the decision made as a result of a review under paragraph (3) is that the proposal is incomplete, the assessor must send to the proposer a notice—
(a)specifying the information required by regulation 5(1)(d) which the assessor considers has not been supplied, and
(b)advising the proposer—
(i)that the information specified must be received within the period of 28 days beginning with the day on which the notice is presumed to have been received by the proposer,
(ii)that if the proposer fails to supply the information, such that the proposal is considered to be complete, the assessor will make a decision on the proposal, namely not to alter the relevant entry in the valuation roll.
(5) The person who undertakes the review must not be the same person who issued the notice under paragraph (2) indicating that the proposal is considered to be incomplete.
(6) Where a decision not to alter the valuation roll is made under this regulation, the assessor must send to the proposer a notice of the decision, in writing, within the period of 7 days beginning with the day on which the decision is made.
(7) For the purposes of this regulation, a notice or a proposal is to be presumed to have been received 48 hours after it was sent.
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