Statutory Instrument 1997 No. 75

      The Local Government Changes for England (Valuation and Community Charge Tribunals) Regulations 1997

      © Crown Copyright 1997

      Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

      The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

      It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

      The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Local Government Changes for England (Valuation and Community Charge Tribunals) Regulations 1997 , ISBN 0 11 063624 4. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

      Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

      To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

STATUTORY INSTRUMENTS

1997 No. 75

COMMUNITY CHARGES, ENGLAND AND WALES

COUNCIL TAX, ENGLAND AND WALES

RATING AND VALUATION

The Local Government Changes for England (Valuation and Community Charge Tribunals) Regulations 1997

  Made 16th January 1997 
  Laid before Parliament 21st January 1997 
  Coming into force
  for the purposes of paragraphs (2) and (3) of regulation 4 11th February 1997 
  for all other purposes 1st April 1997 

The Secretary of State, in exercise of the powers conferred on him by sections 140(4), 143(1) and (2) of, and paragraphs 1 and 5 of Schedule 11 to the Local Government Finance Act 1988[1], and sections 19(1) and 26(3) of the Local Government Act 1992[2], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and application
     1. - (1) These Regulations may be cited as the Local Government Changes for England (Valuation and Community Charge Tribunals) Regulations 1997 and shall come into force -

    (a) for the purposes of paragraphs (2) and (3) of regulation 4 on 11th February 1997, and

    (b) for all other purposes on 1st April 1997.

Amendment of the principal regulations
     2. The Valuation and Community Charge Tribunals Regulations 1989[3] ('the principal regulations') are amended in accordance with the following provisions of these regulations.

Membership of tribunals
     3. - (1) For regulation 4 (membership) there is substituted -

    " 4. - (1) The Secretary of State shall, subject to paragraph (4), determine the number of members of each tribunal.

        (2) The members of each tribunal shall, subject to paragraph (3), be appointed by the body or bodies identified in relation to that tribunal in column 3 of Schedule 1.

        (3) Where there is more than one such body there identified -

      (a) where in relation to a tribunal numbers are specified in column 4 of Schedule 1, the appointments to that tribunal shall be made by the bodies named in column 3 in the ratio which those numbers bear to one another; and

      (b) in any other case the appointments shall be made by each body in equal proportions.

        (4) Where by virtue of this regulation more than one body is provided in relation to a tribunal, the number of members determined under paragraph (1) shall be a multiple of -

      (a) the sum of any numbers specified in relation to that tribunal in column 4 of Schedule 1; or

      (b) where no numbers are so specified, the number of those bodies.

        (5) Where the appointment of a member terminates in accordance with these Regulations, a further appointment shall be made by the body which appointed that member.

        (6) A person may not be appointed as a member of a tribunal if he or his spouse is an employee of that tribunal."

    (2) In regulation 6 there is added -

    (a) in paragraphs (2)(b) and (4), after 'paragraph (3)' the words 'or (3A)';

    (b) after paragraph (3) -

      "(3A) Where the appointing body by which a member was appointed has ceased to exist, the president shall, if so directed by the Secretary of State after consultation with him, by notice in writing give the member such period of notice of termination of office under this paragraph as may be so directed."

    (3) For Schedule 1 to the principal regulations there is substituted Schedule 1 below.

Transitional provision
     4. - (1) Each member of a tribunal mentioned in column 1 of Schedule 2 (a 'relevant tribunal') holding office as such at the end of 31st March 1997 shall continue to hold such office until it terminates in accordance with regulation 6(2) of the principal regulations.

    (2) Paragraph (3) applies to any vacancy in the membership of a relevant tribunal -

    (a) created by an increase effective on 1st April 1997 in the number of its members, or

    (b) existing on that date by reason of the failure of an appointing body to make an appointment before that date, or

    (c) occurring on or after that date.

    (3) Notwithstanding regulation 4(5) of the principal regulations (as substituted by these regulations), a vacancy to which this paragraph applies shall be filled by the body or bodies specified in relation to the relevant tribunal in column 2 of Schedule 2, in the order (if any) in which they are mentioned in that column, until the number of vacancies specified in column 3 in relation to each body has been filled in pursuance of this regulation.



Signed by authority of the Secretary of State

David Curry
Minister of State, Department of the Environment

16th January 1997


SCHEDULE 1
Regulation 3.


TRIBUNAL MEMBERSHIP


1 2 3 4
Area of jurisdiction Name of tribunal Appointing body or bodies Numbers
Each non-metropolitan county other than one listed below The name of the county The council of the county 
Each of the following metropolitan counties: Merseyside, South Yorkshire, Tyne and Wear, West Yorkshire The name of the county The councils of the districts in the county 
Bedfordshire Bedfordshire Bedfordshire County Council

Luton Borough Council

 		 2


1

 
Buckinghamshire Buckinghamshire Buckinghamshire County Council

Milton Keynes Borough Council

 		 3


1

 
Derbyshire Derbyshire Derbyshire County Council

Derby City Council

 		 7


2

 
Dorset Dorset Dorset County Council

Bournemouth Borough Council

Poole Borough Council

 		 6

3


2

 
Durham Durham Durham County Council

Darlington Borough Council

 		 5


1

 
East Riding of Yorkshire etc.
The districts of the East Riding of Yorkshire, Selby and York and the City of Kingston-upon-Hull East Yorkshire North Yorkshire County Council

East Riding District Council

York City Council

Kingston-upon-Hull City Council

 		 1


3


1


2

 
East Sussex East Sussex East Sussex County Council

Brighton and Hove District Council

 		 2


1

 
Essex
The districts of Braintree, Maldon, Tendring and Uttlesford and the boroughs of Chelmsford and Colchester Essex North Essex County Council 
The districts of Basildon, Brentwood, Castle Point, Epping Forest, Harlow and Rochford and the boroughs of Southend-on-Sea and Thurrock Essex South Essex County Council 
Hampshire
The districts of East Hampshire and Hart, the boroughs of Basingstoke and Deane, Rushmoor and Test Valley and the City of Winchester Hampshire North Hampshire County Council 
The district of New Forest, the boroughs of Eastleigh, Fareham, Gosport and Havant and the Cities of Portsmouth and Southampton Hampshire South Hampshire County Council

Portsmouth City Council

Southampton City Council

 		 5


1


1
Leicestershire Leicestershire Leicestershire County Council

Leicester City Council

Rutland District Council

 		 14


10

1

 
Lincolnshire
The county of Lincolnshire, and the districts of North Lincolnshire and North East Lincolnshire Lincolnshire Lincolnshire County Council

North Lincolnshire District Council

North East Lincolnshire District Council

 		 4


1


1
North Yorkshire
The county of North Yorkshire other than the districts of Selby and York North Yorkshire North Yorkshire County Council 
Staffordshire Staffordshire Staffordshire County Council

Stoke-on-Trent City Council

 		 3


1

 
Wiltshire Wiltshire Wiltshire County Council

Thamesdown Borough Council

 		 5


2

 
Bath & North East Somerset etc.
The districts of Bath and North East Somerset, North Somerset, South Gloucestershire and the City of Bristol Severnside The councils of the districts comprised in the area 
Hartlepool etc.
The districts of Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees Teesside The councils of the districts comprised in the area 
Greater London
The City of London, the City of Westminster, the Inner Temple and the Middle Temple Central London Westminster City Council and the Common Council 
The London boroughs of Barking and Dagenham, Hackney, Havering, Islington, Newham, Redbridge, Tower Hamlets and Waltham Forest London North East The councils of the boroughs comprised in the area 
The London boroughs of Barnet, Brent, Camden, Ealing, Enfield, Haringey, Harrow and Hillingdon London North West The councils of the boroughs comprised in the area 
The London boroughs of Bexley, Bromley, Croydon, Greenwich, Lambeth, Lewisham and Southwark London South East The councils of the boroughs comprised in the area 
The London boroughs of Hammersmith and Fulham, Hounslow, Merton, Richmond, Sutton and Wandsworth and the Royal boroughs of Kensington and Chelsea and Kingston-upon-Thames London South West The councils of the boroughs comprised in the area 
Greater Manchester
The districts of Bolton, Bury, Oldham, Tameside, Rochdale and Wigan Manchester North The councils of the districts comprised in the area 
The districts of Stockport and Trafford and the Cities of Manchester and Salford Manchester South The councils of the districts comprised in the area 
West Midlands
The City of Birmingham Birmingham Birmingham City Council 
The borough of Solihull and the City of Coventry Coventry and Solihull Coventry City Council and Solihull Borough Council 
The districts of Dudley, Sandwell, Walsall and Wolverhampton West Midlands West The councils of the districts comprised in the area 
Isles of Scilly
The Isles of Scilly Isles of Scilly The Council of the Isles of Scilly 


SCHEDULE 2
Regulation 4


TRANSITIONAL VACANCIES


1 2 3
Tribunal Appointing Body Number of vacancies
Bedfordshire Luton Borough Council 7
Buckinghamshire Milton Keynes Borough Council 9
Derbyshire Derby City Council 14
Dorset Bournemouth Borough Council

Poole Borough Council

 		 9

6

 
Durham Darlington Borough Council 7
Hampshire South Portsmouth City Council

Southampton City Council

 		 5

5

 
Leicestershire Leicester City Council

Rutland District Council

 		 20

2

 
East Sussex Brighton and Hove District Council 12
Staffordshire Stoke-on-Trent City Council 14
Wiltshire Thamesdown Borough Council 6

EXPLANATORY NOTE

(This note is not part of the Regulations)


Under Part II of the Local Government Act 1992, where recommendations for changes to local government in England are made by the Local Government Commission, the Secretary of State may make an order (a "reorganisation order").

The Regulations make amendments to the arrangements for valuation tribunals in areas where local authorities are affected by structural changes made by reorganisation orders and which take effect from 1st April 1997. The Regulations amend the Valuation and Community Charges Tribunals Regulations 1989 ("the 1989 Regulations") which established valuation tribunals.

Regulation 3 makes new provision for appointments to valuation tribunals in Bedfordshire, Buckinghamshire, Derbyshire, Dorset, Durham, Hampshire (South), Leicestershire, East Sussex, Staffordshire and Wiltshire. It also amends regulation 6 of the 1989 Regulations in respect of termination of membership where the appointing body has ceased to exist.

Regulation 4 makes transitional provision for the filling of vacancies in the membership of the tribunals for those areas.

Notes:

[1] 1988 c. 41. back

[2] 1992 c. 19. back

[3] S.I. 1989/439, amended by S.I. 1991/1, S.I. 1993/292, S.I. 1995/363, S.I. 1995/624, S.I. 1995/3056 and S.I. 1996/43. back


ISBN 0 11 063624 4

Other UK SIs |  Home |  National Assembly for Wales Statutory Instruments |  Scottish Statutory Instruments |  Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office

We welcome your comments on this site
 © Crown copyright 1997
Prepared 28 January 1997