UK Offence Report

The Valuation and Community Charge Tribunals (Amendment) Regulations 1993

UK Statutory Instrument 1993 No. 292 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
18 February 1993
In force from
12 March 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 amend the Valuation and Community Charge Tribunals Regulations 1989. The main change in consequence of the Local Government Finance Act 1992 (“the Act”) is the addition of Part V (Council Tax Appeals) which prescribes the procedures for dealing with appeals under section 16 of the Act (appeals: general), appeals against penalties under paragraph 3(1) of Schedule 3 to the Act and appeals against completion notices under paragraph 4 of Schedule 4A to the Local Government Finance Act 1988 as it applies for council tax purposes. In the new Part V, regulation 35 makes provision for the areas in respect of which tribunals are to have jurisdiction. Procedure prior to the hearing of an appeal is dealt with in regulations 36 to 39. Regulation 40 sets out the circumstances in which an appeal may be disposed of by written representations. Regulation 41 deals with notice of a hearing, regulation 42 with disqualification from participating in the determination of an appeal, and regulations 43 to 46 with procedure and evidence. Regulations 47 to 49 cover decisions and orders made by the tribunal and their review. Provision regarding tribunals' records of their decisions and orders is made in regulation 50 which introduces the new Schedule 4. Regulation 51 deals with appeal to the High Court on questions of law, and regulation 52 with disposal of appeals by reference to arbitration. Other amendments consequential upon the Act and upon the addition of the new Part are made to Parts I (General), II (Establishment of Tribunals) and III (Administration). The main changes are that “billing authority” replaces “charging authority”, “valuation tribunal” replaces “valuation and community charge tribunal” and, subject to savings (set out in regulation 24), the amount of members' allowances is to be determined by the Secretary of State rather than prescribed in regulations. Amendments to Part IV (Community Charge Appeals) are largely consequential upon the addition of Part V or make minor changes to procedure for consistency with Part V. New provisions are substituted for regulation 28 (decisions), regulation 30 (records), and regulation 31 (review of decisions etc.). Decisions given orally are now to be confirmed by notice in writing accompanied by a statement of reasons. Records are now to be open to public inspection. The procedure for review of decisions and orders is adapted in regulation 31 to coordinate with that for appeal to the High Court. Regulations 6, 7, 8(b) and so much of regulation 3 as relates to those regulations come into force on 1 April 1993.

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