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STATUTORY INSTRUMENTS
1997 No. 2954
COMMUNITY CHARGES, ENGLAND AND WALES
COUNCIL TAX, ENGLAND AND WALES
RATING AND VALUATION
The Local Government Changes for England (Valuation Tribunals) Regulations 1997
Made
11th December 1997
Laid before Parliament
18th December 1997
Coming into force
for the purposes of paragraphs (2) to (5) of regulation 3
8th January 1998
for all other purposes
1st April 1998
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 and commencement 1.
- (1) These Regulations may be cited as the Local Government Changes for England (Valuation Tribunals) Regulations 1997 and shall come into force -
(a) for the purposes of paragraphs (2) to (5) of regulation 3, on 8th January 1998, and
(b) for all other purposes on 1st April 1998.
Amendment of the principal regulations 2.
- (1) The Valuation and Community Charge Tribunals Regulations 1989[3] ("the principal regulations") are amended as follows.
"
Establishment of tribunals 3.
There shall continue to be a valuation tribunal for each of the areas ascertained in accordance with column 2 of Schedule 1; and each tribunal shall be known by the name ascertained in accordance with column 1 with the addition of the words "Valuation Tribunal"."
(3) For Schedule 1 to the principal regulations there is substituted Schedule 1 to these Regulations.
Transitional provision 3.
- (1) Each member of a tribunal mentioned in column 1 of Schedule 2 holding office as such at the end of 31st March 1998 shall continue to hold such office until it terminates in accordance with regulation 6(2) of the principal regulations[5].
(2) Paragraph (3) applies to any vacancy in the membership of a tribunal mentioned in column 1 of Schedule 2 -
(a) created by an increase effective on 1st April 1998 in the number of its members;
(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[6], a vacancy to which this paragraph applies shall be filled by the body or bodies mentioned in relation to the tribunal in column 2 of Schedule 2.
(4) Where one body is so mentioned in relation to a tribunal, it shall fill all vacancies to which paragraph (3) applies until the number of vacancies so specified in column 3 of Schedule 2 has been filled in pursuance of this regulation.
(5) Where more than one body is so mentioned, each shall, in the order in which it is mentioned, fill the number of vacancies to which paragraph (3) applies until the number mentioned in column 3 of Schedule 2 in relation to each such body has been filled, and so on in rotation, until each such body has appointed the full number of members of the tribunal which it is entitled to appoint under regulation 4 of the principal regulations.
Signed by authority of the Secretary of State.
Hilary Armstrong
Minister of State, Department of the Environment, Transport and the Regions
Cornwall, Cumbria, Gloucestershire, Hertfordshire, Norfolk, Northamptonshire, Northumberland, Oxfordshire, Somerset, Suffolk, Surrey, Warwickshire, West Sussex and the Isle of Wight
Merseyside, South Yorkshire, Tyne and Wear and West Yorkshire
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 which take effect from 1st April 1998. The Regulations amend the Valuation and Community Charges Tribunals Regulations 1989, which established valuation tribunals.
Regulation 2 makes new provision for appointments to the Berkshire, Cambridgeshire, Cheshire, Devon, Essex South, Herefordshire and Worcestershire, Kent, Lancashire, Nottinghamshire and Shropshire Valuation Tribunals.
Regulation 3 makes transitional provision for the filling of vacancies in the membership of these tribunals.