The Non-Domestic Rating (Alteration of Lists and Appeals) (Wales) Regulations 2023

Disposal by written representations E+W

37.—(1) An appeal under these Regulations may be disposed of on the basis of written representations if all the parties have given their agreement in writing.

(2) Where all the parties have given their agreement as mentioned in paragraph (1), the clerk must serve notice on the parties and within 28 days of service of that notice on them, each party may serve on the clerk a notice stating—

(a) that party’s reasons or further reasons for the disagreement giving rise to the appeal, or

(b) that that party does not intend to make further representations.

(3) A copy of a notice served under paragraph (2) must be served by the clerk on the other party or parties to the appeal and must be accompanied by a statement of the effect of paragraphs (4) and (5).

(4) Any party on whom a notice is served under paragraph (3) may within 28 days of that service serve on the clerk a further notice stating their reply to the other party’s statement, or that they do not intend to make further representations, as the case may be and the clerk must serve a copy of any further notice received on the other party or parties.

(5) After the end of 28 days beginning with the end of the period of 28 days mentioned in paragraph (4) the clerk must submit copies of—

(a) any information transmitted to the clerk under these Regulations, and

(b) any notice under paragraph (2) or (4),

to a valuation tribunal constituted as provided in regulation 43.

(6) The valuation tribunal to which an appeal is referred as provided in paragraph (5) may if it thinks fit—

(a) require any party to furnish in writing further particulars of the grounds relied on and of any relevant facts or contentions;

(b) order that the appeal be disposed of on the basis of a hearing.

(7) Where any party has furnished any particulars in response to a request by a valuation tribunal under paragraph (6)(a), the clerk must serve a copy of the particulars on every other party, and each of those other parties may, within 28 days of that service, serve on the clerk any further statement they wish to make in response.

Commencement Information

I1 Reg. 37 in force at 1.4.2023, see reg. 1(2)