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.
(2) For regulation 3(4) there is substituted—
“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
11th December 1997
Regulation 2(3)
SCHEDULE 1TRIBUNAL MEMBERSHIP
1
2
3
4
Name of tribunal
Area of jurisdiction
Appointing body or bodies
Numbers
The name of the county
Each of the following:
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
The council of the county
The councils of the districts in the county
Bedfordshire
Bedfordshire and Luton
Bedfordshire County Council
Luton Borough Council
2
1
Berkshire
Berkshire
Bracknell Forest Borough Council
Newbury District Council(7)
Reading Borough Council
Slough Borough Council
Windsor and Maidenhead Borough Council
Wokingham District Council
1
2
2
2
2
1
Birmingham
The City of Birmingham
Birmingham City Council
Buckinghamshire
Buckinghamshire and Milton Keynes
Buckinghamshire County Council
Milton Keynes Borough Council
3
1
Cambridgeshire
Cambridgeshire and Peterborough
Cambridgeshire County Council
Peterborough City Council
3
1
Central London
The City of London, the City of Westminster, the Inner Temple and the Middle Temple
Westminster City Council and the Common Council
Cheshire
Cheshire, Halton and Warrington
Cheshire County Council
Halton Borough Council
Warrington Borough Council
7
1
2
Coventry and Solihull
Coventry and Solihull
Coventry City Council and Solihull Borough Council
Derbyshire
Derbyshire and Derby
Derbyshire County Council
Derby City Council
7
2
Devon
Devon, Plymouth and Torbay
Devon County Council
Plymouth City Council
Torbay Borough Council
5
1
1
Dorset
Dorset, Bournemouth and Poole
Dorset County Council
Bournemouth Borough Council
Poole Borough Council
6
3
2
Durham
Durham and Darlington
Durham County Council
Darlington Borough Council
5
1
East Sussex
East Sussex and Brighton and Hove
East Sussex County Council
Brighton and Hove District Council
2
1
East Yorkshire
The East Riding of Yorkshire, Kingston-upon-Hull, Selby and York
North Yorkshire County Council
East Riding District Council
Kingston-upon-Hull City Council
York City Council
1
3
2
1
Essex North
Braintree, Chelmsford, Colchester, Maldon, Tendring and Uttlesford
Essex County Council
Essex South
Basildon, Brentwood, Castle Point, Epping Forest, Harlow, Rochford, Southend-on-Sea and Thurrock
Essex County Council
Southend-on-Sea Borough Council
Thurrock Borough Council
9
4
2
Hampshire North
Basingstoke and Deane, East Hampshire, Hart, Rushmoor, Test Valley and Winchester
Hampshire County Council
Hampshire South
Eastleigh, Fareham, Gosport, Havant, New Forest, Portsmouth and Southampton
Hampshire County Council
Portsmouth City Council
Southampton City Council
5
1
1
Herefordshire and Worcestershire
Herefordshire and Worcestershire
Worcestershire County Council
County of Herefordshire District Council
3
1
Isles of Scilly
The Isles of Scilly
The Council of the Isles of Scilly
Kent
Kent and the Medway Towns
Kent County Council
The Medway Towns District Council
8
1
Lancashire
Lancashire, Blackburn with Darwen and Blackpool
Lancashire County Council
Blackburn with Darwen Borough Council
Blackpool Borough Council
15
2
3
Leicestershire
Leicestershire, Leicester and Rutland
Leicestershire County Council
Leicester City Council
Rutland District Council
14
10
1
Lincolnshire
Lincolnshire, North East Lincolnshire and North Lincolnshire
Lincolnshire County Council
North East Lincolnshire District Council
North Lincolnshire District Council
4
1
1
London North East
Barking and Dagenham, Hackney, Havering, Islington, Newham, Redbridge, Tower Hamlets and Waltham Forest
The councils of the boroughs in the area
London North West
Barnet, Brent, Camden, Ealing, Enfield, Haringey, Harrow and Hillingdon
The councils of the boroughs in the area
London South East
Bexley, Bromley, Croydon, Greenwich, Lambeth, Lewisham and Southwark
The councils of the boroughs in the area
London South West
Hammersmith and Fulham, Hounslow, Kensington and Chelsea, Kingston-upon-Thames, Merton, Richmond, Sutton and Wandsworth
The councils of the boroughs in the area
Manchester North
Bolton, Bury, Oldham, Tameside, Rochdale and Wigan
Manchester South
Manchester, Salford, Stockport and Trafford
The councils of the districts in the area
The councils of the districts in the area
North Yorkshire
North Yorkshire other than Selby and York
North Yorkshire County Council
Nottinghamshire
Nottinghamshire and Nottingham
Nottinghamshire County Council
Nottingham City Council
2
1
Severnside
Bath and North East Somerset, Bristol, North Somerset and South Gloucestershire
The councils of the districts in the area
Shropshire
Shropshire and The Wrekin
Shropshire County Council
The Wrekin District Council
3
1
Staffordshire
Staffordshire and Stoke-on-Trent
Staffordshire County Council
Stoke-on-Trent City Council
3
1
Teesside
Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees
The councils of the districts in the area
West Midlands West
Dudley, Sandwell, Walsall and Wolverhampton
The councils of the districts in the area
Wiltshire
Wiltshire and Swindon
Wiltshire County Council
Swindon Borough Council
5
2
Regulation 3
SCHEDULE 2TRANSITIONAL VACANCIES
Tribunal
Appointing bodies
Number of vacancies
Berkshire
Reading Borough Council
Slough Borough Council
Newbury District Council
Windsor and Maidenhead Borough Council
Bracknell Forest Borough Council
Wokingham District Council
3
3
3
3
3
3
Cambridgeshire
Peterborough City Council
12
Cheshire
Warrington Borough Council
Halton Borough Council
2
1
Devon
Plymouth City Council
Torbay Borough Council
2
2
Essex South
Southend-on-Sea Borough Council
Thurrock Borough Council
2
1
Herefordshire and Worcestershire
County of Herefordshire District Council
8
Kent
The Medway Towns District Council
5
Lancashire
Blackpool Borough Council
Blackburn with Darwen Borough Council
3
2
Nottinghamshire
Nottingham City Council
18
Shropshire
The Wrekin District Council
9
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 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.
(1)
1988 c. 41.
(2)
1992 c. 19.
(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, S.I. 1996/43 and S.I. 1997/75 (which substitutes the Schedule superseded by this regulation). Valuation and community charge tribunals were renamed valuation tribunals by section 15(1) of the Local Government Finance Act 1992 (c. 14).
(4)
Amended by S.I. 1993/292.
(5)
Regulation 6(2) is amended by S.I. 1995/363 and S.I. 1997/75.
(6)
Regulation 4 is substituted by S.I. 1997/75.
(7)
The district of Newbury is re-named the district of West Berkshire with effect from 1st April 1998.