Regulation 13 Appeals

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 13(4)(a)(b) words substituted by Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) 2009 Sch. 2 para. 9(a)
reg. 13(4)(c) words omitted by Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) 2009 Sch. 2 para. 9(c)(i)
reg. 13(4)(c) words substituted by Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) 2009 Sch. 2 para. 9(c)(ii)
reg. 13(4)(f) words omitted by Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) 2009 Sch. 2 para. 9(e)
reg. 13(4)(b) words substituted by Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) 2009 Sch. 2 para. 9(b)
reg. 13(4)(e) words omitted by Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) 2009 Sch. 2 para. 9(d)

(1)

Where an appeal to a local valuation court against an annual value decision, an annual value adjustment or a rateable value apportionment made by a drainage board in respect of a hereditament has been lodged (within the meaning of section 32(6) of the Act), the drainage board shall insert in red in the register immediately beneath the particulars of the value the subject of the appeal the words “Appeal lodged on” followed by the date of lodgement.

(2)

If, when such an appeal has been finally determined, the amount of the annual value or (as the case may be) the apportioned value of the hereditament then differs from the amount of that value shown in the register, the drainage board shall—

(a)

in the case of an appeal against an annual value decision or an annual value adjustment, add to the particulars of the hereditament in the register particulars of the amount which has become the annual value of the hereditament, and delete any subsisting entry of its annual value; and

(b)

in the case of an appeal against a rateable value apportionment, add to the particulars of the hereditament in the register the amount which has become the apportioned value of the hereditament and the date on which such new apportioned value became effective (so describing it), and delete any subsisting entry relating to the hereditament made pursuant to sub-paragraph (c) or (d) of regulation 5(5).

(3)

Where, owing to the dismissal or abandonment of such an appeal or other circumstances, the amount of the annual or apportioned value remains that shown in the register, the drainage board shall enter under the words noting the appeal a brief note of such dismissal or abandonment or other circumstances.

(4)

An appeal shall, for the purpose of these regulations, be taken to be finally determined on the occurrence of whichever of the following events last occurs after the appeal has been lodged, that is to say—

(a)

the local valuation court with which the appeal has been lodged has given a decision on the appeal and the period within which an appeal may be made against that decision to the Lands Tribunal expires without any such appeal having been made;

(b)

the Lands Tribunal has given a decision on that appeal and the time within which the Tribunal may be required to state and sign a case for the decision of the Court of Appeal with respect to the decision of the Tribunal expires without such a requirement having been made;

(c)

in pursuance of such a requirement such a case is stated and signed and the Court of Appeal or, if there is an appeal to the House of Lords, that House, gives a decision on that case;

(d)

the time for bringing an appeal against the decision of the Court of Appeal expires without its having been brought;

(e)

the proceedings on any appeal or case stated referred to in this paragraph are abandoned or otherwise disposed of without a decision being given on it;

(f)

in compliance with any directions given by any court or tribunal to which an appeal has been made or for the opinion of which a case has been stated the drainage board alter or quash the determination.