PART 3 Reviews and Appeals

Review by the Department

11.—(1) Where an application has been made under regulation 10 in respect of a hereditament, the Department shall serve notice of the decision in relation thereto on any person who is or, but for these Regulations, would be chargeable to rates in respect of the hereditament.

(2) Where, in respect of a hereditament, the applicant under regulation 10 is different from the person on whom the notice is served under paragraph (1), the Department shall serve a copy of the notice on the applicant.

(3) Any person who is aggrieved by a decision of the Department notified to him under paragraph (1) or (2) may, within twenty-eight days of service of the notice on him, apply to the Department for a review by the Department of the decision so notified to him.

(4) The Department shall serve on the persons on whom a notice was served under paragraph (1) or (2) a notice of the result of any review relating to that notice.

Appeals to and from the Valuation Tribunal

12.—(1) If that person is dissatisfied with the result of the review, he may appeal to the Valuation Tribunal.

(2) The Department or any person aggrieved by a decision of the Valuation Tribunal under paragraph (1) as being erroneous on a point of law may require the Valuation Tribunal to state and sign a case for the Court of Appeal.

PART 4 Halls of Residence

13.  Subject to the condition in Article 42(2B) of the 1977 Order, there shall be distinguished in the NAV list as wholly exempt from rates any hereditament which—

(a) comprises a hall of residence provided predominantly for the accommodation of persons who satisfy the conditions set out in regulation 7 or 8 as the case may be; and

(b) is owned or managed by a body listed in Schedule 3 or is the subject of an agreement allowing such a body to nominate the majority of persons who are to occupy all the accommodation so provided.

Regulation 7

SCHEDULE 1 Designated course

1.  A course is a designated course if it is one of the following—

(a) a first degree course;

(b) a postgraduate course;

(c) a course of higher education;

(d) a course of further education;

(e) a course for the Higher National Diploma or Higher National Certificate of—

(i) the Business and Technician Education Council; or

(ii) the Scottish Qualifications Authority;

(f) a course for the initial training of teachers;

(g) a course for nursing or midwifery;

(h) a course in preparation for a professional examination of a standard higher than that of—

(i) examination at advanced level for the General Certificate of Education examination at a higher level for the Scottish Certificate of Education; or

(ii) the examination for the National Certificate or the National Diploma of either of the bodies mentioned in sub-paragraph (e),

not being a course for entry to which a first degree (or equivalent qualification) is normally required;

(i) a course providing education (whether or not in preparation for an examination) the standard of which is—

(i) higher than that of courses providing education in preparation for any of the examinations mentioned in sub-paragraph (h); but

(ii) not higher than that of a first degree course,

and for entry to which a first degree (or equivalent qualification) is not normally required.

2.  For the purposes of paragraph 1(g) a person will be considered to be undertaking a course for nursing or midwifery if he is undertaking a course in a financial year which would (if successfully completed) lead to registration on any of Parts 1 to 6, 8, 10 or 11 of the Register maintained under section 10 of the Nurses, Midwives and Health Visitors Act 1979(5), as a first inclusion on that register.

Regulation 2

SCHEDULE 2 Relevant institutions of higher education in the Republic of Ireland

All Hallows College, Drumcondra

Church of Ireland College of Education, Dublin

Colaiste Mhuire, Marino, Dublin

Dublin City University

Dublin Institute of Technology

Dun Laoghaire Institute of Art, Design and Technology

Froebel College of Education, Sion Hill, Co Dublin

Holy Ghost College, Kimmage Manor, Dublin

Institute of Technology, Athlone

Institute of Technology, Blanchardstown

Institute of Technology, Carlow

Institute of Technology, Cork

Institute of Technology, Dundalk

Institute of Technology, Galway/Mayo

Institute of Technology, Letterkenny

Institute of Technology, Limerick

Institute of Technology, Sligo

Institute of Technology, Tallaght

Institute of Technology, Tralee

Mary Immaculate College, Limerick

Mater Dei Institute of Education

Milltown Institute of Theology and Philosophy, Dublin

Montessori College, (A.M.I.), Mount St Mary’s, Dublin

National College of Art and Design, Dublin

National College of Ireland, Dublin

National University of Ireland, Dublin

National University of Ireland, Cork

National University of Ireland, Galway

National University of Ireland, Maynooth

Pontifical University of Maynooth

Royal College of Surgeons in Ireland

St Angela’s College, Lough Gill, Sligo

St Catherine’s College, Sion Hill, Co Dublin

St Nicholas Montessori College, Dun Laoghaire, Co Dublin

St Patrick’s College, Carlow

St Patrick’s College, Thurles

St Patrick’s College of Education, Drumcondra, Dublin

Shannon College of Hotel Management

Tipperary Rural and Business Development Institute

Trinity College Dublin

University of Limerick

Waterford Institute of Technology