The Valuation Tribunals (Wales) Regulations 2005 No. 3364 (W.261)

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Statutory Instruments made by the National Assembly for Wales

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STATUTORY INSTRUMENTS

2005 No. 3364 (W.261)
LOCAL GOVERNMENT, WALES
The Valuation Tribunals (Wales) Regulations 2005

	Made	6 December 2005
	Coming into force in accordance with regulation 1(2), (3) and (4)

The National Assembly for Wales, in exercise of the powers vested in it under sections 140(4) and 143(1) and (2) of, and paragraphs 1, 3 to 8, 11, 12 and 14 to 16 of Schedule 11 to the Local Government Finance Act 1988[1], and after consultation with the Council on Tribunals as required by section 8 of the Tribunals and Inquiries Act 1992[2] hereby makes the following Regulations:

PART I
General
Title and commencement
     1. —(1) The title of these Regulations are the Valuation Tribunals (Wales) Regulations 2005.

    (2) Save for regulation 4, regulations 1 to 21 of these Regulations come into force on 3 January 2006.

    (3) Regulations 4, 22 and 23 of these Regulations come into force on 14 February 2006.

    (4) Regulation 24 to 42 of these Regulations come into force on 15 February 2006.

Application
     2. These Regulations apply to Tribunals in Wales only.

Interpretation
     3. —(1) In these Regulations, unless the context otherwise requires—

Deddf 1988

Deddf 1992

apêl

(a) section 16 (Appeals: general) and paragraph 3 of Schedule 3 (penalties) to the 1992 Act; ;

(b) regulations made under section 24 of the 1992 Act[

ardal

awdurdod bilio

Cadeirydd

hysbysiad cwblhau

Dirprwy Gyfarwyddwr

Cyfarwyddwr

Cyngor Llywodraethu

rhestr

swyddog rhestru

hysbysiad am apêl

hen Dribiwnlys

cosb

Llywydd

Tribiwnlys Arbennig

Tribiwnlys

Tribiwnlys Prisio

Gwasanaeth Tribiwnlys Prisio Cymru

    (2) Any notice which is by virtue of any provision of these Regulations to be served on any person may be served by post.

    (3) References to regulations and Schedules are, unless otherwise stated, references to regulations of, and Schedules to, these Regulations.

Revocation
     4. The following are revoked—

(a) the Valuation Tribunals (Wales) Regulations 1995[

PART II
Establishment of the Valuation Tribunal Service for Wales, its Governing Council and the Valuation Tribunals.
Establishment of the Valuation Tribunal Service for Wales and its Governing Council
     5. On 3 January 2006 there will be established a Valuation Tribunal Service for Wales. The Valuation Tribunal Service for Wales will comprise of the Valuation Tribunals established under regulation 11.

     6. On 3 January 2006 there will be established a Governing Council for the Valuation Tribunal Service for Wales.

     7. Subject to regulations 19 and 20 the functions of the Valuation Tribunal Service for Wales under these Regulations will be performed on its behalf by its Governing Council.

Membership of the Governing Council of the Valuation Tribunal Service for Wales
     8. The membership of the Governing Council will consist of:

(a) the expiration of a period of two years from the date upon which the Director or Deputy Director takes office;

(b) the Director or Deputy Director ceases to be a member of the Governing Council;

(c) notice of the Director or Deputy Director's resignation under paragraph (9) takes effect;

(d) notice of termination under paragraph (10) takes effect.

    (9) A Director or Deputy Director may resign their office by giving not less than one month's notice in writing to the National Assembly for Wales.

    (10) The National Assembly for Wales may, after consultation with such of the members of the Governing Council as it sees fit, by giving notice in writing to the Director and/or Deputy Director as appropriate terminate their office.

    (11) If the Director of the Governing Council is unable, through illness or absence or any other cause, to carry out functions under these Regulations, then those functions will, with the authorisation in writing of the Director or, if the Director is unable to provide it, of the Chief Executive, be carried out by the Deputy Director of the Governing Council.

    (12) In this regulation—

"prescribed period" ("cyfnod a bennir") means one month beginning with 3 January 2006, or three months from the date of a vacancy occurring;

"Chief Executive" ("Prif Weithredwr") means an interim Chief Executive appointed under regulation 18(1) or a Chief Executive appointed under regulation 18(3).

Establishment of the Valuation Tribunals
11. —(1) There will be established a Valuation Tribunal for each of the areas set out in column 1 of Schedule 1.

(2)

(a) Each Tribunal will have the name given to it in column 2 of Schedule 1.

(b) The Welsh language name of each Valuation Tribunal is shown in column 2 of Schedule 1 immediately after its English language name.

Appointment of Valuation Tribunal Members
12. —(1) The members of a Valuation Tribunal established by regulation 11, subject to the following paragraphs of this regulation, will consist of;

(a) those appointed by the councils prescribed in relation to that Valuation Tribunal in column 4 of Schedule 1 ("the councils") and the President jointly, and

(b) those appointed by the National Assembly for Wales, after consultation with the President of the Valuation Tribunal.

(a) a council and the President of the old Tribunal; or

(b) The National Assembly for Wales,

who made their appointment.

(2) Each appointment of a member will have effect for such period not exceeding six years as the person or persons making the appointment may specify, after consultation in the case of an appointment by the National Assembly for Wales with the President of the Valuation Tribunal.

(3) Each member will hold office until whichever of the following first occurs—

(a) the period specified under paragraph (2) expires;

(b) notice of that member's removal under paragraph (4) or (5) takes effect;

(c) that member becomes disqualified from membership as provided in regulation 16;

(d) that member resigns the office by notice in writing to the President.

(a) the expiration of the interim period referred to in regulation 13(6);

(b) that President ceases to be a member of the Valuation Tribunal;

(c) notice of that President's resignation under paragraph (9) takes effect;

(d) notice of termination under paragraph (10) takes effect.

    (9) A President may resign office by giving not less than one month's notice in writing to the National Assembly for Wales.

    (10) The National Assembly for Wales may, after consultation with such of the members of the Valuation Tribunal as it sees fit, by giving notice in writing to the President terminate that President's office as such.

    (11) If the President is unable, through illness or absence or any other cause, to carry out the President's functions under these regulations, then those functions will, with the authorisation in writing of the President or, if the President is unable to provide it, of the Chief Executive, be carried out by one of the Chairpersons of the Valuation Tribunal appointed for this purpose by the members of the Valuation Tribunal and elected by them by a simple majority of votes cast, each member having one vote.

    (12) In this regulation—

"President of an old Tribunal" ("Llywydd hen Dribiwnlys") means a President of an old Tribunal in post on 14 February 2006;

"Chief Executive" ("Prif Weithredwr") means an interim Chief Executive appointed under regulation 18(1) or a Chief Executive appointed under regulation 18(3).

Chairpersons of the Valuation Tribunals
     15. —(1) On 3 January 2006, each chairman of an old Tribunal will be appointed to the position of Chairperson for the Valuation Tribunal for the area previously covered by their old Tribunal.

    (2) Subject to paragraph (1), the number of members of a Valuation Tribunal to be appointed to the position of Chairperson will be determined by the Valuation Tribunal Service for Wales.

    (3) The President will constitute one of the Chairpersons and the members of a Valuation Tribunal must, in accordance with this regulation, appoint the remaining number of Chairpersons within the prescribed period by election from among their number.

    (4) No election in pursuance of this regulation will be held before the expiry of two weeks beginning on the day on which notice of the election is issued in accordance with paragraph (5) by the Chief Executive.

    (5) The notices required by paragraph (4) must be served on all persons who are members of the Valuation Tribunal and such notices must be served on the date on which they are issued.

    (6) The members elected as Chairpersons will be the appropriate number of members who have the highest number of votes cast.

    (7) For the purposes of paragraph (6) each member will have a number of votes equal to the appropriate number, and may cast no more than one vote for each candidate; and where in relation to any vacancy the election result is a tie, the person or persons to be appointed from among the candidates with equal votes will be determined by lot.

    (8) Where at the expiry of the prescribed period no election has taken place in accordance with this regulation, the National Assembly for Wales must, after consultation with the President, appoint the appropriate number of members to be Chairpersons.

    (9) A Chairperson appointed under this regulation will hold office until whichever of the following occurs—

(a) the expiration of the interim period referred to in regulation 13(6);

(b) that Chairperson ceases to be a member of the Valuation Tribunal;

(c) that Chairperson resigns by giving notice in writing to the President;

(d) notice of termination under paragraph (10) takes effect.

(10) The President—

(a) may, after consultation with each of the Valuation Tribunal's other Chairpersons, by giving notice in writing to a Chairperson terminate that Chairperson's office; and

(b) must, if so directed by the National Assembly for Wales, give a Chairperson notice in writing terminating that Chairperson's office, which notice will take effect on the expiry of such period as may be so directed.

(11) Before giving a direction under paragraph (10)(b) the National Assembly for Wales must consult the President.

(12) In this regulation—

"the appropriate number" ("nifer priodol") means the determined number less the number of persons for the time being holding office as Chairperson;

"chairman of an old Tribunal" ("cadeirydd hen Dribiwnlys") means a chairman of an old Tribunal in post on 14 February 2006;

"Chief Executive" ("Prif Weithredwr") means an interim Chief Executive appointed under regulation 18(1) or a Chief Clerk appointed under regulation 18(3).

"the determined number" ("nifer a bennir") means the number stated by the Valuation Tribunal Service for Wales in pursuance of paragraph (2);

"the prescribed period" ("cyfnod a bennir") means three months beginning with a vacancy occurring among the stated number, or such a vacancy which would occur but for the application of regulation 13(6) as the case may be;

Disqualification from membership of valuation Tribunals
16. —(1) A person will be disqualified from being appointed or continuing to be a member of a Valuation Tribunal if—

(a) that person has been adjudged bankrupt; or

(b) that person has made an arrangement with creditors; or

(c) that person has, within the five years immediately preceding that person's appointment, or since that person's appointment, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence, and ordered to be imprisoned for a period of three months or more without the option of a fine, whether or not that sentence has been suspended; or

(d) that person is for the time being disqualified from being a member of a local authority; or

(e) that person or that person's spouse or civil partner is or becomes an employee of the Valuation Tribunal Service for Wales.

(2) A disqualification attaching to a person by reason of paragraph (1)(a) will cease—

(a) unless the bankruptcy order made against that person is previously annulled, on that person's discharge from bankruptcy; or

(b) if the bankruptcy order is so annulled, on the date of the annulment.

(3) A disqualification attaching to a person by reason of paragraph (1)(b) will cease—

(a) if that person pays that person's debts in full, on the date on which the payment is completed; or

(b) in any other case, on the expiry of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.

(4) For the purposes of paragraph (1)(c), the ordinary date on which the period allowed for making an appeal from a conviction expires, or, if such an appeal is made, the date on which it is finally disposed of or abandoned or fails by reason of non-prosecution, will be deemed to be the date of the conviction.

(5) For the purposes of this regulation, "member of a Valuation Tribunal" ("aelod o Dribiwnlys Prisio") means a member—

(a) of a Valuation Tribunal appointed under regulation 12; or

(b) of the Governing Council of the Valuation Tribunal Service for Wales appointed under regulation 8.

Allowances
17. —(1) Members will be entitled to such travelling, subsistence and other allowances as the National Assembly for Wales may from time to time determine.

(2) For the purposes of this regulation "member" ("aelod") means a member of a Valuation Tribunal or a member of the Governing Council of the Valuation Tribunal Service for Wales.

Prif Weithredwr

Clerc

PART 4
Transitional Provisions
Transferred appeals and interpretation
22. —(1) Any appeal to an old Tribunal which was initiated before 15 February 2006 and would, had it been initiated on or after that date have fallen to be disposed of by a Valuation Tribunal established by regulation 11, will be transferred on the 15 February 2006 to, and disposed of by, that Valuation Tribunal ("the new Tribunal").

(2) On and after 15 February 2006—

(3) In this regulation "the relevant statutory provisions" ("darpariaethau statudol perthnasol") means—

(4) For the purposes of Part 4 of these Regulations, "Clerk" ("Clerc"), means—

Winding Up
23. —(1) The old Tribunals will cease to exist on 14 February 2006.

(2) Subject to regulation 12, the members of the old Tribunals on 14 February 2006 will cease to hold office as such at the end of that day.

PART 5
Council Tax Appeals
Interpretation
24. —(1) Any reference in the following provisions of this Part—

(2) For the purposes of Part 5 of these Regulations, "Clerk" ("Clerc"), means—

Jurisdiction
25. —(1) Subject to the following paragraphs of this regulation—

(a) an appeal other than an appeal against the imposition of a penalty will be dealt with by the Valuation Tribunal established for the area in which is situated the dwelling to which the appeal relates;

(b) an appeal against the imposition of a penalty will be dealt with by the Valuation Tribunal whose area of jurisdiction includes the area of the billing authority concerned.

(2) Where—

(a) more than one billing authority has decided that a person is liable to pay council tax for the same day because that person is a resident in relation to a dwelling, and

(b) the person appeals under section 16(1) against both or all of the decisions, and

(c) but for this paragraph, the appeals would fall to be dealt with by different Valuation Tribunals,

(a) the appellant is a former member or employee of an old Tribunal, and

(b) in pursuance of paragraph (1) or (2), any appeal of a person referred to in paragraph (a) would fall to be dealt with by a Valuation Tribunal whose area includes all or part of the area of that old Tribunal, and

(c) the President of the Valuation Tribunal determines that the appeal must not be dealt with by that Tribunal

it will be dealt with by a Special Tribunal as may be appointed for the purpose by the Valuation Tribunal Service for Wales.

    (9) In cases dealt with under paragraphs (5), (7) or (8), the Valuation Tribunal Service for Wales will appoint one of the Clerks appointed under regulation 18(5) or (7) to serve that Tribunal.

Time limits
     26. —(1) An appeal by a person in relation to whom the condition mentioned in section 16(7)(a) or (b) is fulfilled will be dismissed unless it is initiated in accordance with this Part not later than the expiry of two months beginning with the date of service of the billing authority's notice under that section.

    (2) When the condition mentioned in section 16(7)(c) is fulfilled, an appeal by the aggrieved person will be dismissed unless it is initiated within four months of the date of service of that person's notice under section 16(4).

    (3) An appeal under paragraph 3 of Schedule 3 to the 1992 Act will be dismissed unless it is initiated not later than the expiry of two months beginning with the date of service of written notice of the imposition of the penalty.

    (4) An appeal against a completion notice will be dismissed unless it is initiated not later than the expiry of four weeks beginning with the date of service of the notice.

    (5) Notwithstanding paragraphs (1) to (4), the President may authorise an appeal to be entertained where the President is satisfied that the failure of the person aggrieved to initiate the appeal as provided by this regulation has arisen by reason of circumstances beyond that person's control.

    (6) For the purposes of this regulation, "the President" ("y Llywydd") also means, in cases dealt with under regulation 25(5), (7) or (8), the Director of the Governing Council of the Valuation Tribunal Service for Wales.

Initiating an appeal
     27. —(1) An appeal must be initiated by serving on the Clerk a notice in writing ("a notice of appeal") ("hysbysiad am apêl").

    (2) Where the appeal is made under section 16, the notice of appeal must contain the following information—

(a) the grounds on which the appeal is made;

(b) the date on which the notice under section 16(4) was served on the billing authority; and

(c) the date, if any, on which the appellant was notified by the authority as mentioned in section 16(7)(a) or (b).

(3) Where the appeal is an appeal against a completion notice, the notice of appeal must be accompanied by—

(a) a copy of the completion notice; and

(b) a statement of the grounds on which the appeal is made.

(4) Where the appeal is against the imposition of a penalty, the notice of appeal must contain the following information—

(a) the grounds on which the appeal is made; and

(b) the date of service of written notice of the imposition of a penalty.

    (5) The Clerk must, within two weeks of service of the notice of appeal, notify the appellant that the Clerk has received it, and must serve a copy of it on the billing authority whose decision, action or notice is the subject of the appeal, and any other billing authority appearing to the Clerk to be concerned.

Arrangements for appeals
     28. —(1) It will be the duty of the President of a Valuation Tribunal to secure that arrangements are made for appeals to be determined in accordance with the following provisions of this Part.

    (2) This paragraph applies where an appeal under this Part and an appeal under one or more of the following—

(a) regulations made under section 55 of the 1988 Act;

(b) regulations made under section 24 of the 1992 Act;

relate to the same property.

(3) Where paragraph (2) applies—

(a) the President will secure that the appeals are dealt with in such order as appears to that President best designed to secure the interests of justice;

(b) the valuation officer or the listing officer (as the case may be) and the billing authority must be joined as a party to an appeal under this Part;

    (4) In paragraph (3), "valuation officer" ("swyddog prisio") means the officer appointed under section 61(1)(a) of the 1988 Act.

    (5) The Clerk must as soon as is reasonably practicable serve a copy of the notice of appeal on a person who has been made a party in accordance with paragraph (3).

    (6) For the purposes of this regulation, "the President of a Valuation Tribunal" ("Llywydd Tribiwnlys Prisio") also means, in cases dealt with under regulation 25(5), (7) or (8), the Director of the Governing Council of the Valuation Tribunal Service for Wales.

Withdrawal
     29. —(1) An appeal may be withdrawn by notice in writing given to the Clerk before the commencement of a hearing or of consideration of written representations by a Tribunal.

    (2) The Clerk must notify the appellant when the notice of withdrawal has been received, and must serve a copy of the notice on all the other parties to the appeal.

Disposal by written representations
     30. —(1) An appeal 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 accordingly; and, within four weeks of service of such a notice on a party, each party may serve on the Clerk a notice stating—

(a) the reasons or further reasons for the disagreement giving rise to the appeal; or

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

    (3) A copy of any notice served in pursuance of paragraph (2) must be served by the Clerk and 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 four weeks of that service, serve on the Clerk a further notice stating that party's reply to the other party's statement, or that that party does not intend to make further representations, as the case may be; and the Clerk must serve a copy of any such further notice on the other party or parties.

    (5) After the expiry of four weeks beginning with the expiry of the period of four weeks 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 Tribunal constituted as provided in regulation 34.

(6) The 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; or

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

    (7) Where a Tribunal requires any party to furnish any particulars under paragraph (6)(a), the Clerk must serve a copy of such particulars on every other party, and each such party may within four weeks of such service serve on the Clerk any further statement that party wishes to make in response.

Notice of hearing
     31. —(1) Where the appeal is to be disposed of on the basis of a hearing, the Clerk must, not less than four weeks before the date in question, serve on the parties notice of the date, time and place appointed for the hearing.

    (2) The Clerk will advertise the date, time and place appointed for any hearing by causing a notice giving such information to be conspicuously displayed—

(a) outside an office of the billing authority appointed by the authority for that purpose, or

(b) in another place within that authority's area.

(3) The notice required by paragraph (2) must name a place where a list of the appeals to be heard may be inspected.

(4) Where the hearing of an appeal has been postponed, the Clerk must take such steps as are reasonably practicable in the time available—

(a) to notify the parties of the postponement; and

(b) to advertise the postponement.

Disqualification from participating
32. —(1) A person will be disqualified from participating as a member in the hearing or determination of, or acting as Clerk or officer of a Tribunal in relation to, an appeal if that person is a member of the relevant billing authority.

(2) In this regulation "relevant billing authority" ("awdurdod bilio perthnasol") means—

(a) in the case of an appeal against a completion notice, the billing authority in whose area is situated the dwelling which is the subject matter of the appeal; and

(b) in any other case, the billing authority whose decision is being appealed against.

    (3) A person will be disqualified from participating as a member in the hearing or determination of, or acting as Clerk or officer of a Tribunal in relation to, an appeal if the appellant is that person's spouse, civil partner or that person supports the appellant financially or is liable to do so.

    (4) A person will not otherwise be disqualified from acting in any capacity in relation to an appeal by reason only of the fact that that person is a member of an authority which derives revenue directly or indirectly from payments in respect of council tax which may be affected by the exercise of that person's functions.

Representation at the hearing
     33. Any party to an appeal which is to be decided at a hearing may appear in person (with assistance from any person if that person wishes), by counsel or solicitor, or any other representative (other than a person who is a member of a Valuation Tribunal or the Governing Council of the Valuation Tribunal Service for Wales or an employee of the Valuation Tribunal Service for Wales).

Conduct of the hearing
     34. —(1) Subject to paragraph (2), a Tribunal's function of hearing or determining an appeal will be discharged by three members of Valuation Tribunals who must include at least one Chairperson; and a Chairperson will preside.

    (2) Where all parties to an appeal who appear so agree, the appeal may be decided by two members of Valuation Tribunals, and notwithstanding the absence of a Chairperson.

    (3) The hearing will take place in public, unless the Tribunal otherwise orders on the application of a party and on being satisfied that the interests of that party would be prejudicially affected.

    (4) If the appellant fails to appear at the hearing, the Tribunal may dismiss the appeal, and if any other party does not appear the Tribunal may hear and determine the appeal in that party's absence.

    (5) The Tribunal may require any witness to give evidence under oath or affirmation, and will have power for that purpose to administer an oath or affirmation in due form.

    (6) Parties at the hearing may be heard in such order as the Tribunal may determine, and may examine any witness before the Tribunal and call witnesses.

    (7) A hearing may be adjourned for such time, to such place and on such terms (if any) as the Tribunal thinks fit; and reasonable notice of the time and place to which the hearing has been adjourned must be given to every party.

    (8) If it thinks fit a Tribunal may, after notice to the parties inviting them to be present, inspect any dwelling which is the subject of an appeal.

    (9) Subject to any provisions of this Part, the Tribunal—

(a) must conduct the hearing in such manner as it considers most suitable to the clarification of the issues before it and generally to the just handling of the proceedings;

(b) must, so far as appears to it appropriate, seek to avoid formality in its proceedings; and

(c) will not be bound by any enactment or rule of law relating to the admissibility of evidence before courts of law.

Evidence: general
35. —(1) This regulation applies to information supplied in pursuance of regulations under section 13 of, or Schedule 2 to, the 1992 Act.

(2) Subject to the following provisions of this regulation, information to which this regulation applies will in any relevant proceedings be admissible as evidence of any fact stated in it; and any document purporting to contain such information will, unless the contrary is shown, be presumed—

(a) to have been supplied by the person by whom it purports to have been supplied; and

(b) to have been supplied by that person in any capacity in which it purports to have been supplied.

(3) Information to which this regulation applies must not be used in any relevant proceedings by a billing authority unless—

(a) not less than two weeks' notice, specifying the information to be so used and the dwelling or person to which or to whom it relates, has previously been given to every other party to the proceedings; and

(b) any person who has given not less than 24 hours' notice of that person's intention to do so has been permitted by that authority at any reasonable time—

    (4) If any information required to be made available for inspection in accordance with this regulation is not maintained in documentary form, the duty to make it so available is satisfied if a print-out, photographic image or other reproduction of the document, which has been obtained from the storage medium adopted in relation to the document, is made available for inspection.

    (5) In this regulation "relevant proceedings" ("achos(ion) perthnasol") means any proceedings on or in consequence of an appeal, and any proceedings on or in consequence of a reference to arbitration under regulation 42.

Evidence of lists and other documents
     36. —(1) The contents of a list may be proved by the production of a copy of it, or of the relevant part, purporting to be certified to be a true copy by the listing officer.

    (2) The contents of a completion notice may be proved by the production of a copy of it purporting to be certified to be a true copy by the proper officer of the billing authority.

    (3) In paragraph (2) "proper officer" ("swyddog priodol") has the same meaning as in the Local Government Act 1972[9].

Decisions on appeals
     37. —(1) An appeal may be decided by a majority of the members participating; and where (pursuant to regulation 34(2)), it falls to be disposed of by two members and they are unable to agree, it must be remitted by the Clerk to be decided by a Tribunal consisting of three different members.

    (2) Where an appeal is disposed of on the basis of a hearing, the decision of the Tribunal may be reserved or given orally at the end of the hearing.

    (3) Subject to paragraph (4), as soon as is reasonably practicable after a decision has been made, it must—

(a) in the case of a decision given orally, be confirmed,

(b) in any other case, be communicated,

by notice in writing to the parties; and the notice must be accompanied by a statement of the reasons for the decision.

    (4) Nothing in paragraph (3) will require notice to be given to a party if it would be repetitive of any document supplied to that person in accordance with regulation 41.

    (5) In the case of an appeal against a completion notice, the Clerk must send notice of the decision to the listing officer appointed for the billing authority which is a party to the appeal.

    (6) In this regulation, "member" ("aelod") means a member of a Tribunal constituted in accordance with regulation 34.

Orders
     38. —(1) On or after deciding an appeal the Tribunal may, in consequence of the decision, by order require—

(a) an estimate to be quashed or altered;

(b) a penalty to be quashed;

(c) the decision of a billing authority to be reversed;

(d) a calculation (other than an estimate) of an amount to be quashed and the amount to be recalculated.

(2) An order may require any matter ancillary to its subject-matter to be attended to.

Review of decisions
39. —(1) Subject to paragraphs (2) and (3), a Tribunal constituted as provided in paragraph (4) will have power on written application by a party to review or set aside by certificate under the hand of the presiding member—

(a) any decision on any of the grounds mentioned in paragraph (5), and

(b) a decision on an appeal against a completion notice, on the additional ground mentioned in paragraph (6).

    (2) Paragraph (1) does not apply where an appeal against the decision in question has been determined by the High Court.

    (3) An application under paragraph (1) may be dismissed if it is not made within the period of four weeks beginning on the day on which notice is given (whether in accordance with regulation 37(3) or regulation 40(3)) of the decision in question.

    (4) So far as is reasonably practicable, the Tribunal appointed to review a decision will consist of the same members as constituted the Tribunal which took the decision.

    (5) The grounds referred to in paragraph (1)(a) are—

(a) that the decision was wrongly made as a result of clerical error;

(b) that a party did not appear and can show reasonable cause why that party did not do so; and

(c) that the decision is affected by a decision of, or a decision on appeal from, the High Court or the Lands Tribunal in relation to an appeal in respect of the dwelling which, or, as the case may be, the person who, was the subject of the Tribunal's decision.

    (6) The grounds mentioned in paragraph (1)(b) are that new evidence, the existence of which could not have been ascertained by reasonably diligent inquiry or could not have been foreseen, has become available since the conclusion of the proceedings to which the decision relates.

    (7) If a Tribunal sets aside a decision in pursuance of this regulation, it must revoke any order made in consequence of that decision and must order a re-hearing or redetermination before either the same or a different Tribunal.

    (8) The Clerk must as soon as reasonably practicable notify the parties to the appeal in writing of—

(a) a determination that the Tribunal will not undertake a review under paragraph (1);

(b) the determination of the Tribunal, having undertaken a review under paragraph (1), that it will not set aside the decision concerned;

(c) the issue of any certificate under paragraph (1); and

(d) the revocation of any order under paragraph (7).

(9) Where in relation to a decision in respect of which an application under paragraph (1) is made, an appeal to the High Court remains undetermined on the relevant day, the Clerk must notify the High Court as soon as reasonably practicable after the occurrence of the relevant event.

(10) In paragraph (9)—

"the relevant day" ("diwrnod perthnasol") means the day on which, as the case may be,—

(a) the application under paragraph (1) is made;

(b) the event referred to in any of sub-paragraphs (a) to (d) of paragraph (8) occurs; and

"the relevant event" ("digwyddiad perthnasol"), in relation to a relevant day, means the event occurring on that day.

    (11) In this regulation, "member" ("aelod") means a member of a Tribunal constituted in accordance with regulation 34.

Records of decisions, etc
     40. —(1) It will be the duty of the Clerk to make arrangements for each decision, each order made under regulation 38 and the effect of each certificate and revocation under regulation 39 to be recorded.

    (2) Records may be kept in any form, whether documentary or otherwise, and must contain the particulars specified in Schedule 2 below.

    (3) A copy, in documentary form, of the relevant entry in the record must, as soon as reasonably practicable after the entry has been made, be sent to each party to the appeal to which the entry relates.

    (4) Each record must be retained for the period of six years beginning on the day on which an entry was last made in it.

    (5) Any person may, at a reasonable time stated by or on behalf of the Tribunal concerned and without making payment, inspect the records which are required to be made by paragraph (1).

    (6) If, without reasonable excuse, a person having custody of the record intentionally obstructs a person in exercising the right conferred by paragraph (5), that person will be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

    (7) The member who presided at the hearing or determination of an appeal may authorise the correction of any clerical error in the record, and a copy of the corrected entry must be sent to the persons to whom a copy of the original entry was sent.

    (8) The production in any proceedings in any court of law of a document purporting to be certified by the Clerk of a Tribunal to be a true copy of a record or decision of that Tribunal will, unless the contrary is proved, be sufficient evidence of the document and of the facts it records.

Appeals
     41. —(1) An appeal will lie to the High Court on a question of law arising out of a decision or order which is given or made by a Tribunal on an appeal and may be made by any party to the appeal.

    (2) Subject to paragraph (3), an appeal under paragraph (1) may be dismissed if it is not made within four weeks of the date on which notice is given of the decision or order that is the subject matter of the appeal.

    (3) Where—

(a) in relation to an application under paragraph (1) of regulation 39 made within four weeks of the date on which notice was given of the decision which is the subject matter of the appeal, notice is given as mentioned in paragraph (8)(a) of that regulation, or

(b) notice is given as mentioned in paragraph (8)(b) of that regulation,

the appeal may be dismissed if it is not made within four weeks of the service of the notice under that paragraph (8)(a) or (b).

    (4) The High Court may confirm, vary, set aside, revoke or remit the decision or order of the Tribunal, and may make any order which the Tribunal could have made.

    (5) Billing authorities must act in accordance with any order made by the High Court; and paragraph 10A of Schedule 11 to the 1988 Act will have effect subject to this requirement.

Arbitration
     42. —(1) Where at any time before the beginning of a hearing or the consideration by a Tribunal of written representations it is so agreed in writing between the persons who, if a dispute were to be the subject of an appeal to the Tribunal, would be the parties to the appeal, the question will be referred to arbitration.

    (2) Section 94 of the Arbitration Act 1996[10] will have effect for the purposes of the referral of a question in pursuance of this regulation as if such referral were to arbitration under another Act within the meaning of that section.

    (3) In any arbitration in pursuance of this regulation, the award may include any order which could have been made by a Tribunal in relation to the question; and paragraph 10A of Schedule 11 to the 1988 Act will apply to such an order as it applies to orders recorded in pursuance of this Part.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[11]

D. Elis-Thomas
The Presiding Officer of the National Assembly

6 December 2005

SCHEDULE 1Regulations 11, 12

ESTABLISHMENT OF VALUATION TRIBUNALS AND APPOINTMENT OF MEMBERS

1	2	3	4	5
Area of jurisdiction	Name	Maximum number of members of each Tribunal appointed by the Councils and the President	Councils	Maximum number of members to be appointed by each council
The counties of Monmouthshire, Newport and Powys and the county boroughs of Blaenau Gwent, Caerphilly, and Torfaen	East Wales Valuation Tribunal Tribiwnlys Prisio Dwyrain Cymru	66	Blaenau Gwent County Borough Council	9
			Caerphilly County Borough Council	9
			Monmouthshire County Council	9
			Newport City Council	9
			Powys County Council	21
			Torfaen County Borough Council	9
The counties of Anglesey, Gwynedd, Denbighshire and Flintshire and the county boroughs of Conwy and Wrexham	North Wales Valuation Tribunal Tribiwnlys Prisio Gogledd Cymru	54	Conwy County Borough Council	9
			Isle of Anglesey County Council	9
			Gwynedd County Council	9
			Denbighshire County Council	9
			Flintshire County Council	9
			Wrexham County Borough Council	9
The county of Cardiff and the county boroughs of Bridgend, Merthyr Tydfil, Rhondda Cynon Taf and the Vale of Glamorgan	South Wales Valuation Tribunal Tribiwnlys Prisio De Cymru	57	Bridgend County Borough Council	9
			County Council of the City and County of Cardiff	18
			Merthyr Tydfil County Borough Council	6
			Rhondda Cynon Taf County Borough Council	15
			The Vale of Glamorgan County Borough Council	9
The counties of Ceredigion, Carmarthenshire, Pembrokeshire and Swansea and the county borough of Neath and Port Talbot	West Wales Valuation Tribunal Tribiwnlys Prisio Gorllewin Cymru	57	Ceredigion County Council	6
			Carmarthenshire County Council	12
			Neath and Port Talbot County Borough Council Pembrokeshire County Council	12 12
			City and County of Swansea	15

SCHEDULE 2Regulation 40

CONTENTS OF RECORDS MADE UNDER PART 5

The appellant's name and address

The date of the appeal

The matter appealed against

The name of the billing authority whose decision was appealed against

The date of the hearing or determination

The names of the parties who appeared, if any

The decision of the Tribunal and its date

The reasons for the decision

Any order made in consequence of the decision

The date of any such order

Any certificate setting aside the decision

Any revocation under regulation 39(7)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations establish a Valuation Tribunal Service for Wales. The Valuation Tribunal Service for Wales will comprise of a Valuation Tribunal for each of the areas specified in Schedule 1. The Valuation Tribunals will deal with appeals made under the statutory provisions as defined in regulation 3. The Valuation Tribunals will commence dealing with such appeals on the 15 February 2006. All appeals up to and including 14 February 2006 will continue to be dealt with by an old Tribunal.

These Regulations revoke—

The Valuation Tribunals (Wales) Regulations 1995;

Regulations 1 to 5 of the Valuation Tribunals (Amendments) (Wales) Regulations 2001; and

The Valuation Tribunals (Wales) (Amendments) Regulations 2004.

Part 2 and 3 of these Regulations provide for the establishment of the Valuation Tribunal Service for Wales, its Governing Council and the Valuation Tribunals.

Regulation 5 and 6 establishes the Valuation Tribunal Service for Wales and the Governing Council. Regulation 7 deals with the functions of the Valuation Tribunal Service for Wales.

Regulations 8 and 9 provide for the membership of the Governing Council.

Regulation 10 deals with the appointment of the Director and Deputy Director of the Governing Council.

Regulation 11 establishes a Valuation Tribunal for each of the areas of the jurisdiction set out in Schedule 1.

Regulations 12 and 13 make provision for the number of members for each Valuation Tribunal, the number to be appointed by each appointing council and President, and their appointment and duration of membership.

Regulations 14 and 15 deal with the appointment of the Valuation Tribunals President and its Chairpersons.

Regulation 16 provide for the circumstances in which a person is to be disqualified from membership.

Regulation 17 provide for the allowances payable to members.

Part 3 of these Regulations relate to staff, administration, accommodation and equipment.

Regulation 18 provides for the appointment of an interim Chief Executive, a Chief Executive and the appointment of any other employees (including Clerks) as the Valuation Tribunal Services for Wales may determine. This Regulation also provides for the delegation of the Chief Executive's functions.

Regulation 19, 20 and 21 relates to administration, accommodation and equipment.

Part 4 contains transitional provisions in relation to transferred appeals and the winding up of existing Tribunals.

Part 5 provides for the procedure for dealing with appeals in relation to Council Tax.

Notes:

[1] 1988 c.41. See S.I. 1999/672. The functions of the Secretary of State under sections 140(4) and 143(1) and (2) of and paragraphs 1, 3 to 8, 11, 12, 14 to 16 of Schedule 11 to the Local Government Finance Act 1988 are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999.back

[2] 1992 c.53.back

[3] See S.I. 1993/290.back

[4] See S.I. 1993/291.back

[5] 1991 c.59.back

[6] S.I. 1995/3056.back

[7] S.I. 2001/1439 (W.101).back

[8] S.I. 2004/1312 (W.138).back

[9] 1972 c.70.back

[10] 1996 c.23.back

[11] 1998 c.38.back

Cymraeg (Welsh)

ISBN 0 11 091243 8

Prepared 20 December 2005

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