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The Local Government Changes for England (Valuation Tribunals) Regulations 1997

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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.

(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

1234
Name of tribunalArea of jurisdictionAppointing body or bodiesNumbers
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

BedfordshireBedfordshire and Luton

Bedfordshire County Council

Luton Borough Council

2

1

BerkshireBerkshire

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

BirminghamThe City of BirminghamBirmingham City Council
BuckinghamshireBuckinghamshire and Milton Keynes

Buckinghamshire County Council

Milton Keynes Borough Council

3

1

CambridgeshireCambridgeshire and Peterborough

Cambridgeshire County Council

Peterborough City Council

3

1

Central LondonThe City of London, the City of Westminster, the Inner Temple and the Middle TempleWestminster City Council and the Common Council
CheshireCheshire, Halton and Warrington

Cheshire County Council

Halton Borough Council

Warrington Borough Council

7

1

2

Coventry and SolihullCoventry and SolihullCoventry City Council and Solihull Borough Council
DerbyshireDerbyshire and Derby

Derbyshire County Council

Derby City Council

7

2

DevonDevon, Plymouth and Torbay

Devon County Council

Plymouth City Council

Torbay Borough Council

5

1

1

DorsetDorset, Bournemouth and Poole

Dorset County Council

Bournemouth Borough Council

Poole Borough Council

6

3

2

DurhamDurham and Darlington

Durham County Council

Darlington Borough Council

5

1

East SussexEast Sussex and Brighton and Hove

East Sussex County Council

Brighton and Hove District Council

2

1

East YorkshireThe 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 NorthBraintree, Chelmsford, Colchester, Maldon, Tendring and UttlesfordEssex County Council
Essex SouthBasildon, 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 NorthBasingstoke and Deane, East Hampshire, Hart, Rushmoor, Test Valley and WinchesterHampshire County Council
Hampshire SouthEastleigh, Fareham, Gosport, Havant, New Forest, Portsmouth and Southampton

Hampshire County Council

Portsmouth City Council

Southampton City Council

5

1

1

Herefordshire and WorcestershireHerefordshire and Worcestershire

Worcestershire County Council

County of Herefordshire District Council

3

1

Isles of ScillyThe Isles of ScillyThe Council of the Isles of Scilly
KentKent and the Medway Towns

Kent County Council

The Medway Towns District Council

8

1

LancashireLancashire, Blackburn with Darwen and Blackpool

Lancashire County Council

Blackburn with Darwen Borough Council

Blackpool Borough Council

15

2

3

LeicestershireLeicestershire, Leicester and Rutland

Leicestershire County Council

Leicester City Council

Rutland District Council

14

10

1

LincolnshireLincolnshire, North East Lincolnshire and North Lincolnshire

Lincolnshire County Council

North East Lincolnshire District Council

North Lincolnshire District Council

4

1

1

London North EastBarking and Dagenham, Hackney, Havering, Islington, Newham, Redbridge, Tower Hamlets and Waltham ForestThe councils of the boroughs in the area
London North WestBarnet, Brent, Camden, Ealing, Enfield, Haringey, Harrow and HillingdonThe councils of the boroughs in the area
London South EastBexley, Bromley, Croydon, Greenwich, Lambeth, Lewisham and SouthwarkThe councils of the boroughs in the area
London South WestHammersmith and Fulham, Hounslow, Kensington and Chelsea, Kingston-upon-Thames, Merton, Richmond, Sutton and WandsworthThe councils of the boroughs in the area
Manchester NorthBolton, Bury, Oldham, Tameside, Rochdale and Wigan
Manchester SouthManchester, Salford, Stockport and TraffordThe councils of the districts in the areaThe councils of the districts in the area
North YorkshireNorth Yorkshire other than Selby and YorkNorth Yorkshire County Council
NottinghamshireNottinghamshire and Nottingham

Nottinghamshire County Council

Nottingham City Council

2

1

SevernsideBath and North East Somerset, Bristol, North Somerset and South GloucestershireThe councils of the districts in the area
ShropshireShropshire and The Wrekin

Shropshire County Council

The Wrekin District Council

3

1

StaffordshireStaffordshire and Stoke-on-Trent

Staffordshire County Council

Stoke-on-Trent City Council

3

1

TeessideHartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-TeesThe councils of the districts in the area
West Midlands WestDudley, Sandwell, Walsall and WolverhamptonThe councils of the districts in the area
WiltshireWiltshire and Swindon

Wiltshire County Council

Swindon Borough Council

5

2

Regulation 3

SCHEDULE 2TRANSITIONAL VACANCIES

TribunalAppointing bodiesNumber 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

CambridgeshirePeterborough City Council12
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 WorcestershireCounty of Herefordshire District Council8
KentThe Medway Towns District Council5
Lancashire

Blackpool Borough Council

Blackburn with Darwen Borough Council

3

2

NottinghamshireNottingham City Council18
ShropshireThe Wrekin District Council9

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.

(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.

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