Regulation 17 Amendment to the NDR Regulations

After regulation 25 (disposal by written representations) of the NDR Regulations insert—

“Disposal by written representations – where parties have come to an agreement

25A.

(1)

The valuation tribunal may dispose of an appeal under these Regulations without a hearing if—

(a)

a party informs the valuation tribunal in writing—

(i)

that parties have come to an agreement;

(ii)

what that agreement is and the decision the valuation tribunal is asked to make; and

(iii)

that parties agree for the appeal to be disposed of without a hearing; and

(b)

the clerk sends a notice to all parties to the proceedings stating—

(i)

the valuation tribunal is minded to dispose of the appeal without a hearing;

(ii)

the decision the valuation tribunal is minded to take; and

(iii)

that any party can object to the appeal being disposed of without a hearing.

(2)

If a notice is sent under paragraph (1)(b), a party may request to the clerk that the appeal be disposed of with a hearing.

(3)

A request under paragraph (2) must be made in writing and received by the clerk within 4 weeks of the date on which the clerk sent a notice under paragraph (1)(b).

(4)

The valuation tribunal must not dispose of an appeal without a hearing if—

(a)

in the opinion of the clerk, the appeal raises issues of public importance such as to require that hearing be held;

(b)

a period of four weeks from which the notice under paragraph (1)(b) was sent has not elapsed; or

(c)

a party to the appeal has requested a hearing.

(5)

The functions of the valuation tribunal under this Regulation may be performed on its behalf by the clerk.”