Tribunals And Inquiries
The First-tier Tribunal for Scotland (Transfer of Functions of Valuation Appeals Committees) Regulations 2023
Made21st February 2023
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 20(2), 28(2), (6) and (7), and 79(1) of the Tribunals (Scotland) Act 20141 and all other powers enabling them to do so.
In accordance with section 11(1)(a) and (b) of that Act, the Scottish Ministers have obtained the Lord President’s approval and have consulted such other persons as they considered appropriate.
In accordance with section 79(2)(a) and (b) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.
1 Citation and commencement¶
2 Interpretation¶
In these Regulations—-
“the 1994 Act” means the Local Government etc. (Scotland) Act 19942,
-
“the 2014 Act” means the Tribunals (Scotland) Act 2014,
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“the 1993 Regulations” means the Council Tax (Alteration of Lists and Appeals) (Scotland) Regulations 19933,
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“the 1995 Regulations” means the Valuation Appeal Committee (Procedure in Appeals under the Valuation Acts) (Scotland) Regulations 19954,
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“First-tier Tribunal” means the First-tier Tribunal for Scotland,
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“valuation appeal committee” means a valuation appeal committee constituted for each valuation area under section 29 of the 1994 Act,
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“Upper Tribunal” means the Upper Tribunal for Scotland, and
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“the valuation appeal panels” means the panels constituted for each valuation area by virtue of section 29 of the 1994 Act and regulation 2 of the Valuation Appeal Panels and Committees (Scotland) Regulations 19965.
3 Transfer of functions of valuation appeals committees to the First-tier Tribunal¶
The functions of the valuation appeals committees are transferred to the First-tier Tribunal with allocation to the Local Taxation Chamber6.4 Abolition of the valuation appeal panels and valuation appeal committees¶
The valuation appeal panels and valuation appeal committees are abolished.5 Transitional and saving provisions¶
Schedule 1 which contains transitional and saving provisions has effect.6 Consequential amendments and revocations¶
Schedule 2 which contains consequential amendments, repeals and revocations has effect.SCHEDULE 1 ¶
Transitional and saving provisions
Regulation 5
Appeals and applications in progress before a valuation appeal committee immediately prior to 1 April 2023 to transfer to the First-tier Tribunal¶
Appeals initiated before transfer – savings provisions¶
Preparation of stated case for the purposes of appeal – transitory provision¶
Written statements of decisions – savings provision¶
13 Decisions, directions and orders of valuation appeal committees to continue in force¶
Any decision (whether or not called a decision), direction or order given or made in, or in respect of a representation, application or appeal to, any proceedings before a valuation appeal committee, which is given or made immediately prior to 1 April 2023, remains in force on and after that date as if it were a decision, direction or order of the First-tier Tribunal.14 Time limits in respect of appeals and applications, and proceedings before, valuation appeals committees to carry over to the First-tier Tribunal¶
Any time limit which has started to run prior to 1 April 2023 in respect of an appeal (including an unexercised right of appeal) or application or proceedings before a valuation appeal committee (and which has not expired) continues to apply where appeals, applications or proceedings are transferred to the First-tier Tribunal.15 Unexercised right of appeal to the Lands Valuation Appeal Court, if exercised, remains as an appeal to the Lands Valuation Appeal Court¶
Where in respect of a decision of a valuation appeal committee before 1 April 2023 there lies a right of appeal to the Lands Valuation Appeal Court which has not been exercised before that date but is still exercisable, any appeal on or after 1 April 2023 is to be to the Lands Valuation Appeal Court but, subject to paragraph 17, is to be treated as if the decision had been made by the First-tier Tribunal.16 Exercised right of appeal to the Lands Valuation Appeal Court¶
Where in respect of a decision of a valuation appeal committee before 1 April 2023, there lies a right of appeal to the Lands Valuation Appeal Court which has been exercised before that date—17 Appeals to the Lands Valuation Appeal Court – savings provision¶
In respect of an appeal of the kind specified in paragraph 15 or 16, the functions of a valuation appeal committee in relation to the preparation of a stated case continue to have effect until 1 October 2023 as they had effect prior to 1 April 2023.18 Unexercised right of appeal to the Court of Session, if exercised, is an appeal to the Upper Tribunal¶
Where in respect of a decision of a valuation appeal committee before 1 April 2023, there lies a right of appeal to the Court of Session, which has not been exercised before that date but is still exercisable—19 Exercised right of appeal to the Court of Session to be completed by the Upper Tribunal¶
Where in respect of a decision of a valuation appeal committee before 1 April 2023, there lies a right of appeal to the Court of Session, which has been exercised before that date but not completed, the appeal and any proceedings in relation to that appeal in progress immediately before that date transfers to and is to be completed by the Upper Tribunal as if the decision had been made by the First-tier Tribunal and it was an appeal to the Upper Tribunal or proceedings in the Upper Tribunal for the purposes of section 46(1) of the 2014 Act.20 Unexercised right of appeal to the Lands Tribunal for Scotland, if exercised, is an appeal to the Upper Tribunal¶
Where in respect of a decision of a valuation appeal committee before 1 April 2023 not to refer a case to the Lands Tribunal for Scotland for determination by virtue of section 1(3A) of the Lands Tribunal Act 19499 there lies a right of appeal to that Tribunal under regulation 6(1) of the 1995 Regulations, which has not been exercised before that date but is still exercisable—SCHEDULE 2 ¶
Regulation 6
PART 1 Consequential amendments and repeals of primary legislation¶
1 Lands Tribunal Act 1949¶
.
2 Valuation and Rating (Scotland) Act 1956¶
.
3 Local Government (Financial Provisions) (Scotland) Act 1963¶
,
.
4 Local Government (Scotland) Act 1966¶
5 Local Government (Scotland) Act 1973¶
In section 49 of the Local Government (Scotland) Act 197313 (provisions supplementary to sections 45 to 48) paragraph (1A) is repealed.6 Local Government (Scotland) Act 1975¶
,
7 Rating (Disabled Persons) Act 1978¶
.
8 Local Government Finance Act 1992¶
.
9 Tribunals and Inquiries Act 1992¶
In Part II of schedule 1 of the Tribunals and Inquiries Act 199217 (scottish tribunals to which this Act applies), entry 58 of the table specifying a valuation appeal committee as a tribunal concerned with rates is repealed.10 The Local Government etc. (Scotland) Act 1994¶
,
.
.
11 The Water Industry Act (Scotland) 2002¶
.
12 Non-Domestic Rates (Scotland) Act 2020¶
.
PART 2 Consequential amendments and revocations of secondary legislation¶
13 The Council Tax (Contents of Valuation Lists) (Scotland) Regulations 1992¶
.
.
14 The Council Tax (Administration and Enforcement) (Scotland) Regulations 1992¶
,
.
15 The Council Tax (Alteration of Lists and Appeals) (Scotland) Regulations 1993¶
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“local valuation panel”, and
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“the relevant local valuation panel”,
, and
.
.
16 The Valuation Appeal Committee (Procedure in Appeals under the Valuation Acts) (Scotland) Regulations 1995¶
The Valuation Appeal Committee (Procedure in Appeals under the Valuation Acts) (Scotland) Regulations 199524 are revoked.17 The Valuation Appeal Panels and Committees (Scotland) Regulations 1996¶
The Valuation Appeal Panels and Committees (Scotland) Regulations 199625 are revoked.18 Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005¶
.
.
19 The Water Services Charges (Billing and Collection) (Scotland) Order 2010¶
.
20 Social Security (Information-sharing in relation to Welfare Services etc.) Regulations 2012¶
In regulation 14(3)(d) of the Social Security (Information-sharing in relation to Welfare Services etc.) Regulations 201228 for entry (iii) substitute—.
21 The Water and Sewerage Services to Dwellings (Collection of Unmetered Charges by Local Authority) (Scotland) Order 2020¶
22 The Valuation Appeal Committee (Procedure in Civil Penalty Appeals) (Scotland) Regulations 2020¶
The Valuation Appeal Committee (Procedure in Civil Penalty Appeals) (Scotland) Regulations 202030 are revoked.Footnotes
- 1
2014 asp 10. The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.
- 2
1994 c. 39.
- 3
S.I. 1993/355.
- 4
S.I. 1995/572.
- 5
S.I. 1996/137.
- 6
The Local Taxation Chamber of the First-tier Tribunal for Scotland was established by S.S.I. 2021/448.
- 7
S.S.I. 2020/382.
- 8
S.I. 1982/1506. Relevantly amended by S.I. 1986/641, rule 2.
- 9
1949 c. 42. Relevant amendments made by the Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31), section 12(1), the Local Government and Housing Act 1989 (c. 42), section 145, schedule 6 paragraph 1 and S.I. 2009/1307, paragraph 11.
- 10
1956 c. 60.
- 11
1963 c. 12. Subsections (1A)-(1C) inserted by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31), section 19; subsection (2AA) inserted by Local Government and Housing Act 1989 (c. 42), section 145, schedule 6 paragraph 2(a) and subsection (2A) inserted by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31), section 12(2).
- 12
1966 c. 51.
- 13
1973 c. 65. Subsection (1A) added by Local Government (Scotland) Act 1975 (c. 30), schedule 6 Part II paragraph. 46(b).
- 14
1975 c. 30. Section 2(1A) inserted by the Local Government and Rating Act 1997 (c. 29), schedule 3 paragraph 12(b). Section 2(3) amended by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31) (“the 1984 Act”), section 21 and schedule 2 paragraph 15. Sections 3ZA and 3ZB inserted by the Non-Domestic Rates (Scotland) Act 2020 (asp 4) (“the 2020 Act”), section 10(4). Section 37(1) relevantly amended by the 1984 Act, schedule 2 paragraph 17, the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47), schedule 6 and the 2020 Act, section 13.
- 15
1978 c. 40. Subsection (7) added to section 5 by the Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31), section 5(1)(c).
- 16
1992 c. 14. Definition of “valuation appeal committee” in section 99(1) substituted by the Local Government etc. (Scotland) Act 1994 (c. 39), schedule 13 paragraph 176(12)(d).
- 17
1992 c. 53.
- 18
1994 c. 39. Paragraph (6C) added to section 27 by the Local Government in Scotland Act 2003 asp 1, section 32(2)(a).
- 19
2002 asp 3.
- 20
2020 asp 4.
- 21
S.I. 1992/1330.
- 22
S.I. 1992/1332. The entry for “electronic communication” in regulation 1(2) was inserted by S.S.I. 2006/67, article 3(b).
- 23
S.I. 1993/355, relevantly amended by S.I. 1996/580, article 9.
- 24
S.I. 1995/572.
- 25
S.I. 1996/137.
- 26
S.S.I. 2005/127.
- 27
S.S.I. 2010/10.
- 28
S.I. 2012/1483.
- 29
S.S.I. 2020/4.
- 30
S.S.I. 2020/382.