The Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009

Disputes as to validity of proposals

8.—(1) Subject to paragraphs (2) and (3), where the VO is of the opinion that a proposal has not been validly made, the VO may, at any time after receiving the proposal, serve notice (an “invalidity notice”) on the proposer that the VO is of that opinion and stating—

(a) the reasons for that opinion, and

(b) the effect of paragraphs (6) to (10).

(2) The VO may not serve an invalidity notice after an agreement has been reached under regulation 4 (arbitration) of the Procedure Regulations or the VTE has given notice under regulation 31 (notice of hearing) of those Regulations.

(3) The VO may not serve an invalidity notice more than four weeks after the proposal to which it relates was served other than with the consent of the proposer, given in writing.

(4) Where an invalidity notice is served—

(a) if it is served more than four weeks after the proposal to which it relates was served on the VO but before a disagreement as to the proposed alteration has been referred to the VTE under regulation 13—

(i) the invalidity notice shall state the effect of paragraph (12); and

(ii) the VO shall serve a copy of the invalidity notice on—

(aa) any person who has been served with a copy of the proposal to which the invalidity notice relates; and

(bb) any IP who has served notice under regulation 11(3)(a); or

(b) if a disagreement as to the proposed alteration has been referred to the VTE under regulation 13—

(i) the VO shall serve a copy of the invalidity notice on—

(aa) any person who has been served with a copy of the proposal to which the invalidity notice relates; and

(bb) any IP who has served notice under regulation 11(3)(a); and

(ii) the VO shall inform the VTE that the invalidity notice has been served and of any withdrawal of that notice under paragraph (5).

(5) The VO may at any time withdraw an invalidity notice by serving notice in writing on the proposer; and any appeal against the invalidity notice shall then be treated as having been withdrawn.

(6) Unless an invalidity notice has been withdrawn, the proposer may, within four weeks of receiving it—

(a) subject to paragraph (7), make a further proposal in relation to the same property; or

(b) appeal against the notice to the VTE.

(7) For the purposes of paragraph (6)(a)—

(a) the time limit applicable under regulation 5 may be ignored; but

(b) a further proposal may not be made where the proposal to which the invalidity notice relates was itself made—

(i) under paragraph (6)(a); or

(ii) after the expiry of the time limit applicable under regulation 5.

(8) Where a further proposal is made under paragraph (6)(a), the proposal in respect of which the invalidity notice was served shall be treated as withdrawn.

(9) An appeal against an invalidity notice shall be made by the proposer sending a notice of disagreement to the VO.

(10) Unless the VO withdraws the invalidity notice within four weeks of receiving the notice of disagreement, once that period has ended the VO shall inform the VTE of—

(a) the entry in the list (if any) which it is proposed to alter;

(b) the grounds on which the proposal was made; and

(c) the reasons for the VO’s opinion that the proposal has not been validly made.

(11) Where information relating to an invalidity notice has been supplied in accordance with paragraph (10) and the notice is withdrawn, the VO shall, as soon as practicable, inform the VTE of the withdrawal.

(12) Subject to paragraph (14), until it is finally decided that the proposal to which an invalidity notice relates was validly made, regulations 9 to 13 shall not apply in relation to the proposal.

(13) Where it is finally decided that the proposal was validly made, those regulations shall have effect as if the proposal had been served on the VO on the date of that final decision.

(14) Where an invalidity notice is served more than four weeks after the service of the proposal to which it relates, any period of time referred to in regulation 9 or any of regulations 11 to 13 which has started to run—

(a) shall cease to run with effect from the date of service of the notice until it is finally decided that the proposal was validly made; and

(b) where it is finally decided that the proposal was validly made, shall start to run again with effect from the date of that final decision as if there had been no interruption.

(15) For the purposes of paragraphs (12) to (14), a final decision is made—

(a) where the invalidity notice is withdrawn, on the day of the withdrawal;

(b) in any other case, on the day on which—

(i) (the VTE having determined the appeal against the invalidity notice) the period within which an appeal may be made to the Upper Tribunal expires without such an appeal being made; or

(ii) the Upper Tribunal gives a decision on appeal.

(16) Nothing done under this regulation shall prevent any party to an appeal under regulation 13 from contending that the proposal to which that appeal relates was not validly made.