SCHEDULES

SCHEDULE 16Consequential amendments relating to the creation of the Valuation Tribunal for England

Local Government Act 2003 (c. 26)

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The Local Government Act 2003 is amended as follows.

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(1)

Section 105 (the Valuation Tribunal Service) is amended in accordance with this paragraph.

(2)

In subsection (2)—

(a)

for “valuation tribunals in England” substitute “ the Valuation Tribunal for England (referred to in this section and Schedule 4 as “the Tribunal”) ”;

(b)

in paragraph (a) for “tribunals” substitute “ the Tribunal ”;

(c)

in paragraph (a)(ii) for “clerks to tribunals” substitute “ the clerk of the Tribunal ”;

(d)

in paragraph (a)(v) for “(including clerks to) tribunals” substitute “ the Tribunal (including the clerk of the Tribunal) ”;

(e)

after paragraph (a) insert—

“(aa)

making payments in accordance with paragraph A14 of Schedule 11 to the Local Government Finance Act 1988;”;

(f)

in paragraph (b) for “tribunals” substitute “ the Tribunal ”.

(3)

In subsection (5)—

(a)

for “valuation tribunals” substitute “ the Tribunal ”;

(b)

for “their” substitute “ its ”.

(4)

In subsection (6)—

(a)

for “valuation tribunals” substitute “ the Tribunal ”;

(b)

for “the Tribunals concerned” substitute “ the President of the Tribunal ”.

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In section 124 (general interpretation), omit the definition of “valuation tribunal”.

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(1)

Schedule 4 (the Valuation Tribunal Service) is amended in accordance with this paragraph.

(2)

In paragraph 1 (membership)—

(a)

after sub-paragraph (1) insert—

“(1A)

The Secretary of State must appoint the person who is for the time being President of the Tribunal as one of the members of the Service (unless that person is already a member of the Service).”;

(b)

for sub-paragraph (3)(a) substitute—

“(a)

a majority are senior members of the Tribunal, and”.

(3)

In paragraph 3 (tenure of office)—

(a)

after sub-paragraph (1) insert—

“(1A)

The person who is for the time being President of the Tribunal shall hold office as a member of the Service for as long as he remains President of the Tribunal.”;

(b)

in sub-paragraph (2) after “A person” insert “ other than the President of the Tribunal ”.

(4)

In paragraph 4 (cessation of membership), for sub-paragraph (1)(b) substitute—

“(b)

he ceases to be President of the Tribunal (whether or not he was appointed to the Service by virtue of being President),

(ba)

having been a Vice-President of the Tribunal, or a member of the panel of chairmen of the Tribunal, at the time of his appointment, he ceases to hold that office without being appointed to another of the senior offices of the Tribunal, or”.

(5)

For paragraph 9 substitute—

“9

The Service shall not appoint an employee to be the clerk of the Tribunal without the consent of the President of the Tribunal.”

(6)

In paragraph 27 (interpretation), after the definition of “financial year” insert—

““senior member of the Tribunal” means a person holding one of the senior offices of the Tribunal;

“senior offices of the Tribunal” means any of these offices—

(a)

President of the Tribunal;

(b)

Vice-President of the Tribunal;

(c)

member of the panel of chairmen of the Tribunal.”