Regulation 1 Name, commencement and interpretation
These Regulations are called the Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004.
These Regulations shall come into force on 31st March 2004.
In these Regulations —
-
“the 1985 Act” (“Deddf 1985”) means the Landlord and Tenant Act 1985f1;
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“the 1987 Act” (“Deddf 1987”) means the Landlord and Tenant Act 1987f2;
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“the 2002 Act” (“Deddf 2002”) means the Commonhold and Leasehold Reform Act 2002;
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“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;
- (a)
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“application” (“Cais”) means an application made to the tribunal under —
- (a)
section 20ZA of the 1985 Act (consultation requirements)f3;
- (b)
section 27A of the 1985 Act (service charges)f4;
- (c)
paragraph 8(2) of the Schedule to the 1985 Act (insurers)f5;
- (d)
section 24 of the 1987 Act (appointment of managers)f6;
- (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;
- (a)
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“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;
- (a)
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“representative application” (“cais cynrychioliadol”) means an application dealt with as a representative application under regulation 8 of the Leasehold Valuation Tribunal (Procedure) (Wales) Regulations 2004f7;
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“transferred proceedings” (“achos a drosglwyddwyd”) means proceedings which a court has transferred to a tribunal for determination; and
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“tribunal” (“tribiwnlys”) means a leasehold valuation tribunal.
Annotations
Footnotes
- f1
- f2
- f3
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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)).
- f4
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Inserted by the 2002 Act, section 155(1) from 30th March 2004 (S.I. 2004/669 (W.62) (C.25)).
- f5
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Substituted by the Housing Act 1996 (c. 52), section 83(2).
- f6
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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.
- f7