Part 1 MODIFICATIONS TO PART 4 OF THE VALUATION AND COMMUNITY CHARGE TRIBUNAL REGULATIONS 1989

For the definition of “tribunal” substitute—

• ““Tribunal” means the Valuation Tribunal for England;

• “VTE panel”, in relation to an appeal, means the members of the Tribunal selected in accordance with tribunal business arrangements ^f1 to deal with the appeal;

• “the VTE President” means the President of the Tribunal.”.

In paragraph (1)—

1. (a)

   for “him” substitute “the person”; and

2. (b)

   for “his” substitute “the person’s”.

In paragraph (3), for “the president” and “he” substitute “the VTE President”.

In paragraph (1)—

1. (a)

   for “the clerk of the tribunal having jurisdiction in relation to the appeal”, substitute “the Tribunal”; and

2. (b)

   for “he” substitute “the aggrieved person”.

In paragraph (2), for “the clerk”, “he” and “him”, substitute “the Tribunal”.

In paragraph (1), for “the president” substitute “the VTE President”.

In paragraph (2), for “the clerk”, substitute “the Tribunal”.

In paragraph (1), for “the clerk”, substitute “the Tribunal”.

In paragraph (2)—

1. (a)

   for “the clerk”, substitute “the Tribunal”; and

2. (b)

   for “he”, substitute “it”.

In paragraph (1)—

1. (a)

   for “the clerk” (in both places) substitute “the Tribunal”; and

2. (b)

   in sub-paragraph (b), for “he or it” substitute “the respondent”.

In paragraph (2), for “the clerk” substitute “the Tribunal”.

In paragraph (3)—

1. (a)

   for “the clerk” substitute “the Tribunal;

2. (b)

   for “him” substitute “the appellant”; and

3. (c)

   for “a tribunal constituted as mentioned in regulation 25(1)” substitute “the VTE panel”.

In paragraph (4), for “The tribunal may if it thinks fit” substitute “The VTE panel may if it thinks fit”.

In paragraph (1), for “the clerk” substitute “the Tribunal”.

In paragraph (2)—

1. (a)

   for “the clerk” substitute “the Tribunal”; and

2. (b)

   omit sub-paragraph (a).

In paragraph (5), for “the clerk” substitute “the Tribunal”.

In paragraph (1)—

1. (a)

   after “as a member”^f6 insert “of a VTE panel”;

2. (b)

   omit “, or acting as clerk or officer of a tribunal in relation to,”; and

3. (c)

   for “he” substitute “the person”.

In paragraph (2)—

1. (a)

   omit “, or acting as clerk or officer of a tribunal in relation to,”;

2. (b)

   for “his” substitute “the person’s”; and

3. (c)

   for “he” substitute “the person”.

In paragraph (3)—

1. (a)

   for “he” substitute “the person”; and

2. (b)

   for “his” substitute “the person’s”.

For “he” substitute “the party”.

For “or an employee of the tribunal” substitute “of the Tribunal or an employee of the Valuation Tribunal Service”.

For paragraph (1) substitute—

“(1)

The Tribunal’s function of hearing or determining an appeal shall be discharged by a VTE panel; and, except where paragraph A18 of Schedule 11 to the Act applies, a senior member of the Tribunal shall preside;^f8.”.

Omit paragraph (2).

In paragraph (3), for “tribunal” substitute “Tribunal or the VTE panel”.

In paragraph (4)—

1. (a)

   for “tribunal” (in both places) substitute “the VTE panel”; and

2. (b)

   for “his” substitute “the other party’s”.

In paragraph (5), for “tribunal” substitute “the VTE panel”; and

In paragraph (6)—

1. (a)

   for “tribunal”, in the first place where it occurs, substitute “VTE panel”;

2. (b)

   omit “before the tribunal”; and

3. (c)

   for “tribunal thinks” substitute “VTE panel think”.

For paragraph (7) substitute—

“(7)

Subject to any provision of this Part, the VTE panel—

(a)

shall conduct the hearing in such manner as they consider most suited to the clarification of the issues and, generally, to the just handling of the proceedings;

(b)

so far as appears to them to be appropriate, shall seek to avoid formality in the proceedings; and

(c)

shall not be bound by any enactment or rule of law relating to the admissibility of evidence in proceedings before courts of law.”.

For paragraph (1), substitute—

“(1)

Where an appeal is to be dealt with by a VTE panel consisting of three persons, it may be decided by a majority of those persons; and where it is to be dealt with by two persons and they are unable to agree, it shall be referred to the VTE President, who shall either deal with the appeal personally or make arrangements for it to be dealt with by another senior member of the Tribunal or by a VTE panel other than that originally selected.”.

In paragraph (2), for “disposed of” substitute “dealt with”.

In paragraph (4), for “him” substitute “the party”.

In paragraph (1), for “the clerk” substitute “the Tribunal”.

In paragraph (5), for “the tribunal concerned” substitute “the Tribunal”.

In paragraph (6), for “he” substitute “the person having custody”.

In paragraph (8), for “a record of that tribunal” substitute “an entry in the record kept under this regulation”.

After paragraph (8), insert—

“(9)

In paragraph (8), “clerk” means the clerk of the Tribunal appointed under paragraph 8 of Schedule 4 to the Local Government Act 2003 in accordance with paragraph 9 of that Schedule^f11.”.

In paragraph (1)—

1. (a)

   for “a tribunal constituted as provided in paragraph (3)” substitute “the Tribunal”;

2. (b)

   omit “under the hand of the presiding member”;

3. (c)

   for “he” substitute “the party”; and

4. (d)

   in sub-paragraph (d), for “the tribunal’s decision” substitute “the decision made by the VTE panel, the VTE President or a senior member (as the case may be)” .

For paragraphs (3) and (4) substitute—

“(3)

Tribunal business arrangements^f13 shall apply in relation to the selection of members of the Tribunal to review a decision or part of a decision as if the review were an appeal.

(4)

Where a decision is set aside in pursuance of this regulation, the Tribunal shall—

(a)

revoke any order made in consequence of that decision; and

(b)

order a re-hearing or re-determination.”.

In paragraph (5), for “clerk” substitute “Tribunal”.

In paragraph (6), for “clerk” substitute “Tribunal”.

In paragraph (7), in the definition of “the relevant day”, for “the tribunal” substitute “the Tribunal”.

In paragraph (1)—

1. (a)

   for “a tribunal” substitute “the Tribunal”; and

2. (b)

   for “he” substitute “was”.

In paragraph (3) for “the tribunal” (in both places) substitute “the Tribunal”.

In paragraph (4), for “subject to this requirement” substitute “as if the reference to a tribunal included a reference to the High Court”.

For paragraphs (1) to (3) substitute—

“(1)

Where the persons mentioned in paragraph (2) agree in writing that a matter falling within the Tribunal’s jurisdiction is to be referred to arbitration, the matter shall be so referred.

(2)

The persons are the persons who, if the matter were to be the subject of an appeal to the Tribunal, would be the parties to the appeal.”.