The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993

UK Statutory Instrument 1993 No. 291 — creates 1 criminal offence.

Made

18 February 1993

In force from

1 April 1993

Extent

Not stated

Subject

Education, social security, pensions and public services

Made under

Schedule 11 to the Local Government Finance Act 1988, Tribunals and Inquiries Act 1992

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations revoke and replace the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1990, together with the instruments which amended them, which are numbered S.I. 1990/769, S.I. 1990/1822, S.I. 1990/2025, S.I. 1991/723 and S.I. 1992/611. They are in many respects identical to the Regulations before revocation. Some changes have been made in consequence of the introduction of the council tax by the Local Government Finance Act 1992; others are minor variations to procedure for consistency with the Council Tax (Alterations of Lists and Appeals) Regulations 1993 and the Valuation and Community Charge Tribunals (Amendment) Regulations 1993. There are changes in the order and numbering. The Regulations concern the alteration of non-domestic rating lists (which are compiled under the Local Government Finance Act 1988— “the 1988 Act”). They cover the alteration of non-domestic rating lists by valuation officers, proposals for such alterations from other persons (“proposers”) and appeals to what are now called valuation tribunals (formerly valuation and community charge tribunals) where there is a disagreement about a proposal between the valuation officer and another person. Part II deals with proposals for alterations (regulations 4 and 5), the procedure following proposals (regulations 6 to 12), the time from which an alteration is to have effect (regulations 13 to 16) and the manner in which a valuation officer notifies other persons of an alteration he has made (regulation 18). Part II relates only to local nondomestic rating lists. Part III applies the provisions of Part II, modified as appropriate, to cross-country pipe-lines which are required to be shown in central non-domestic rating lists. Part IV makes provision for the alteration of central non-domestic rating lists. It deals with the central valuation officer’s duty to alter the list to conform with instruments which prescribe its contents (regulation 21), the time from which an alteration is to have effect (regulation 22), the manner in which the central valuation officer notifies other persons of an alteration made by him (regulation 23), proposals for alterations by other persons (regulation 24) and the procedure following the making of such proposals (regulations 25 to 28). Part V deals with appeals against completion notices under Schedule 4A to the 1988 Act and against amounts certified by the valuation officer under Schedule 7A (nondomestic rating in 1990–1995) to the 1988 Act. Part VI prescribes the procedure for appeals where there is a disagreement about the alteration of rating lists or about the validity of proposals for their alteration. The main changes from S.I. 1990/582 as amended are to be found in regulation 43 (decisions), regulation 45 (review of decisions), regulation 46 (records) and regulation 47 (appeals). Decisions may now be given orally, although they are to be confirmed in writing and the confirmation or notification is to be accompanied by a statement of reasons without the need for a request. The procedure for review is adapted to coordinate with that for appeals to the Lands Tribunal. The tribunal no longer has power to review a decision on the ground that the interests of justice require it except in those transitional cases defined in regulation 54. There is now additionally a right to appeal to the Lands Tribunal in respect of a decision or order made on an appeal against a completion notice. Part VII provides for the manner in which notices under the Regulations may be served and for the retention of records by the valuation officer (regulations 50 and 51). Regulation 52 prescribes the description of information to be supplied to valuation officers by relevant authorities. Regulation 53 revokes the earlier regulations listed in the first paragraph of this Note. Regulation 54 makes transitional provision in relation to certain regulations for proposals served, and list alterations made, before these regulations come into force. Transitional provision is also made for decisions or orders notified between 1st October 1992 and 31st March 1993 where an application for review is made before 1st October 1993.

Offences created by this instrument

• Records of decisions, etc regulation 46(6) · Revoked · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Official Report Of The Grand Committee On The Local Government Bill Lords · Grand Committee · 23 June 2003

  Amendment No. 216C would insert a new clause, which is almost a copy of a section of the Arbitration Act 1996, which gave arbitrators immunity. We are asking the Government to consider whether the statutory immunity given to arbitrators in the Arbitration Act 1996 should be extended or left unique, while the valuation and other tribunals rely predominantly on the immunity conferred by common law. From Regulation 48 of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993, it would appear that the 1996 Act sometimes applies to valuation tribunals, though usually it does…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 1993