Regulation 6 Transfer of jurisdiction to the VTE: transitional provisionI1
England and Wales Not yet in force
Where, immediately before 1st October 2009, an appeal relating to a matter in respect of which jurisdiction is transferred to the VTE on 1st October 2009 is part-heard by an existing English tribunal (“the original tribunal”), the President shall, as soon as practicable after 1st October 2009, make the necessary arrangements for the hearing of the appeal to be completed.
Where—
before 1st October 2009—
an existing English tribunal has made a decision on an appeal relating to a matter in respect of which jurisdiction is transferred to the VTE on 1st October 2009;
the decision is the subject of an appeal to a court; and
the court has determined that a matter arising in relation to the appeal should be reconsidered by an existing English tribunal (“the reconsidering tribunal”); and
immediately before 1st October 2009, the reconsidering tribunal has not begun its reconsideration of the matter or has begun, but not completed, its reconsideration of the matter,
the President shall, as soon as practicable after 1st October 2009, make the necessary arrangements for the matter to be reconsidered.
Where—
before 1st October 2009—
an existing English tribunal has made a decision on an appeal relating to a matter in respect of which jurisdiction is transferred to the VTE on 1st October 2009; and
the decision has been referred for review by another existing English tribunal (“the reviewing tribunal”); and
immediately before 1st October 2009, the reviewing tribunal has not begun its review of the decision or has begun, but not completed, its review of the decision,
the President shall, as soon as practicable after 1st October 2009, make the necessary arrangements for the decision to be reviewed.
Paragraph (5) applies where—
before 1st October 2009 a person has withdrawn an appeal made in relation to a matter as regards which jurisdiction is transferred to the VTE on 1st October 2009f1; and
on or after that date the person notifies the President in writing that the withdrawal was made in error or under duress and that the person wishes to revive the appeal.
Where this paragraph applies, the President, having made such enquiries as the President thinks fit, may notify in writing the person by whom the notice under paragraph (4)(b) was given that the President consents to the appeal being revived.
Where the President consents to the revival of an appeal, the President shall make the necessary arrangements for the appeal to be considered by the VTE.
The Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009f2 shall apply in relation to—
the completion of a hearing pursuant to arrangements under paragraph (1);
the reconsideration of a matter pursuant to arrangements under paragraph (2);
the review of a decision pursuant to arrangements under paragraph (3); and
the consideration of an appeal pursuant to arrangements under paragraph (6),
so far as is required for enabling the hearing to be completed, the matter to be reconsidered, the decision to be reviewed or the appeal to be considered.
Annotations
Commencement
- I1
Reg. 6 in force at 30.9.2009, see reg. 1(1)
Footnotes
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For the transfer of jurisdiction of existing English tribunals, see paragraph A2 of Schedule 11 to the Local Government Finance Act 1988 (c.41), inserted by paragraph 2 of Schedule 15 to the Local Government and Public Involvement in Health Act 2007 (c.28)
- f2