The Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004

Name, commencement and interpretation

1.—(1) These Regulations are called the Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004.

(2) These Regulations shall come into force on 31st March 2004.

(3) In these Regulations —

“the 1985 Act” (“Deddf 1985”) means the Landlord and Tenant Act 1985(1);

“the 1987 Act” (“Deddf 1987”) means the Landlord and Tenant Act 1987(2);

“the 2002 Act” (“Deddf 2002”) means the Commonhold and Leasehold Reform Act 2002;

“applicant” (“ceisydd”) means —

(a)

the person making an application to a tribunal; or

(b)

the person who is the claimant or applicant in proceedings before a court which are transferred by order of the court to a tribunal;

“application” (“Cais”) means an application made to the tribunal under —

(a)

section 20ZA of the 1985 Act (consultation requirements)(3);

(b)

section 27A of the 1985 Act (service charges)(4);

(c)

paragraph 8(2) of the Schedule to the 1985 Act (insurers)(5);

(d)

section 24 of the 1987 Act (appointment of managers)(6);

(e)

Part 4 of the 1987 Act (variation of leases);

(f)

paragraph 3 of Schedule 11 to the 2002 Act (administration charges); or

(g)

paragraph 5 of Schedule 11 to the 2002 Act;

“hearing” (“gwrandawiad”) means a hearing before a tribunal to determine one or more of the following —

(a)

an application;

(b)

transferred proceedings; or

(c)

a representative application,

but, for the purposes of the payment of a fee for a hearing, does not include—

(i)

a pre-trial review; or

(ii)

a hearing to consider dismissing an application as frivolous or vexatious;

“representative application” (“cais cynrychioliadol”) means an application dealt with as a representative application under regulation 8 of the Leasehold Valuation Tribunal (Procedure) (Wales) Regulations 2004(7);

“transferred proceedings” (“achos a drosglwyddwyd”) means proceedings which a court has transferred to a tribunal for determination; and

“tribunal” (“tribiwnlys”) means a leasehold valuation tribunal.

(1)

1985 c. 70.

(2)

1987 c. 31.

(3)

Substituted, together with a new section 20, by the Commonhold and Leasehold Reform Act 2002 (c. 15) (“the 2002 Act”), section 151(1), in force for the purposes of making regulations from 1 January 2003 (S.I. 2002/3012) and in force for the remaining purposes from 30th March 2004 (S.I. 2004/669(W.62) (C.25)).

(4)

Inserted by the 2002 Act, section 155(1) from 30th March 2004 (S.I. 2004/669 (W.62) (C.25)).

(5)

Substituted by the Housing Act 1996 (c. 52), section 83(2).

(6)

Amended by the Housing Act 1996 (c. 52), section 86(2); amended by the 2002 Act, section 160(1), (4) from 1 January 2003; there are other amendments not relevant to these Regulations.

(7)

S.I. 2004/[681 (W.69)].