# The Valuation Tribunals (Amendment) (England) Order 2004, Note: Explanatory note


(This note is not part of the Order)
This Order amends certain provisions of the Valuation and Community Charge Tribunals Regulations 1989 (S.I. 1989/439) “the Regulations”. Valuation and Community Charge Tribunals were re-named Valuation Tribunals by section 15(1) of the Local Government Finance Act 1992.
Paragraphs (2), (3) and (4) of article 2 amend the Regulations, following changes introduced by the Local Government Act 2003 which provides at section 105 and Schedule 4 for the establishment of the Valuation Tribunal Service, (“the VTS”.) From the 1 April 2004 when the VTS is established, it will be responsible for the provision of staff, accommodation and equipment to Valuation Tribunals in England, accordingly the regulations revoked by paragraph (4) of article 2 will no longer apply. Paragraph (2) of article 2 amends the definition of clerk to refer to the new appointment provisions for clerks under the Local Government Act 2003.
Paragraph (3) of article 2 substitutes a new regulation 9 into the Regulations. This provides similar provisions for disqualification from being a member of a Valuation Tribunal as will exist for members of the VTS. These provisions reflect the changes to the Insolvency Act 1986 made by the Enterprise Act 2002 in relation to bankruptcy which will come into force on 1 April 2004. The changes include new arrangements for bankruptcy in England and Wales and in particular for the introduction of a new regime of bankruptcy orders to deal with those bankrupts whose conduct has been found to be irresponsible or reckless. From 1 April 2004 a person will be disqualified from being a member of a Valuation Tribunal if a bankruptcy restrictions order or interim order has been made against him by a court in England and Wales. The existing provisions in relation to those persons adjudged bankrupt in Scotland and Northern Ireland or those who have made arrangements with their creditors in those jurisdictions are retained.
Article 3 is a transitional provision. If, on or after 1st April 2004, a person is subject to a bankruptcy order made by a court in England or Wales before 1st April 2004, he will continue to be disqualified from being appointed as or from being a member of a Valuation Tribunal until his discharge or earlier annulment of the order, as if the amendments as to bankruptcy disqualification had not been made.
A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.

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Source: https://www.legislation.gov.uk/uksi/2004/482/note (the official version)
Page: https://openlegislation.uk/valuation-tribunals-amendment-england-order-2004/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.