# The Valuation Tribunal for England (Membership and Transitional Provisions) Regulations 2009, Note: Explanatory note

Extent: E+W

(This note is not part of the Regulations)
On 1st October 2009 English valuation tribunals established by regulations under Schedule 11 to the Local Government Finance Act 1988 (c.41) (“the 1988 Act”) are abolished and the Valuation Tribunal for England (the “VTE”) is established in place of those tribunals. (This is effected by section 219 of, and Schedule 15 to, the Local Government and Public Involvement in Health Act 2007 (c.28) and S.I. 2008/3110.)
These Regulations provide for the initial composition of the VTE (with the exception of the President and Vice-Presidents, who have been appointed by the Lord Chancellor) and for the transfer of appeals part-heard by English valuation tribunals when jurisdiction transfers to the VTE. They also provide for the transfer from English valuation tribunals to the VTE of records and other documents.
Regulations 2(1) and 3(1) provide for persons who are presidents, chairmen and other members of English valuation tribunals immediately before 1st October 2009 to become members of the VTE on that date. Exceptions are specified in regulations 2(2) and 3(2), and include the disqualifying circumstances set out in regulation 4(1). Persons who are presidents or chairmen immediately before 1st October 2009 also become on that date members of the panel of persons who can act as chairmen of the VTE.
Regulation 4(1) specifies circumstances in which persons who are members of existing English valuation tribunals will not become members under regulation 2 or 3. Regulation 4(6) ensures that, unless otherwise disqualified, a person may become a member of the VTE under regulation 2 or 3, notwithstanding that the person is a member of a local authority which derives revenue directly or indirectly from payments in respect of council tax or non-domestic rates which may be affected by the exercise of the person’s functions as a member.
Regulation 5 sets out the circumstances, similar to those in regulation 4, in which, after 1st October 2009, a person may not become or continue to be a member of the VTE. Regulation 5(7) makes provision comparable to that in regulation 4(6).
Regulation 6 contains transitional provisions relating to the transfer of jurisdiction. It requires the President of the VTE to make arrangements for the continuation of appeals that are part-heard, or appeals that have to be re-determined or reviewed but where the re-determination or review has not been completed by 1st October 2009. All these cases will proceed in accordance with the tribunal business arrangements that the President is required to make under paragraph A17 of Schedule 11 to the 1988 Act (inserted by paragraph 2 of Schedule 15 to the 2007 Act) and the Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009 (S.I. 2009/2269).
Regulation 7 provides for the transfer from the English valuation tribunals to the VTE of records and other documents relating to appeals determined or part-heard by a tribunal that is abolished on 1st October 2009 and for the transfer of records and other documents relating to members of English valuation tribunals who, in accordance with these Regulations, become members of the VTE on its establishment on that date.
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2009/2267/note (the official version)
Page: https://openlegislation.uk/valuation-tribunal-for-england-membership-and-transitional-provisions-regulations-2009/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.