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Part III

PART III

PROCEEDINGS UNDER THE RATES (NORTHERN IRELAND) ORDER 1977

 A1.    Institution of proceedings under the Rates Order

 A2.    Application for extension of time

 A3.    Notification of certain appeals to district council

 A4.    Notification to other interested parties

 A5.    Notification by parties of intention to appear

 A6.    Entry of Appeal

 A7.    Notification of appearances by the registrar

 A8.    Appeal against a determination of the Department under Article 13(2)(b) of the Rates Order or against a decision or direction of the Valuation Tribunal under Article 13(3) of that Order

 A9.    Other Appeals

A10    Cases not raising a point of law and in which the appellant does not propose to propound expert valuation evidence

A11.   Power to Tribunal to waive requirements

A11A.  Evidence

A12.   Interpretation

PART III

PROCEEDINGS UNDER THE RATES (NORTHERN IRELAND) ORDER 1977
The Rating Rules

Instituting of proceedings under the Rates Order

       A1.-(1)  An appeal against a determination of the Department under Article 13(3) of the Rates Order[1] shall be instituted by serving on the registrar a notice of appeal in accordance with Form AA within 28 days from the date of issue by the Department of the notice of determination.

      (2) An appeal under Article 54 of the Rates Order from a decision of the Commissioner (including a decision to make an alteration in the valuation list) shall be instituted by serving on the registrar a notice of appeal in accordance with Form AB within 28 days from the date of issue by the Commissioner of the decision appealed against.

       (3)  An appeal transferred under Article 53 of the Rates Order shall be preceeded with (as soon as practicable after the granting of the consent of the President to such transfer) by the Commissioner serving on the appellant and on the registrar a notice of such transfer and the appeal shall thereafter be treated in the same manner as an appeal under Article 54 of the Rates Order but rule 33 of the General Rules (Costs) shall not apply thereto except in so far as it relates to the settlement or taxation of costs or to the review of any such taxation.

     (4)  Subject to paragraphs (11) and (12), an appeal under Article 54A of the Rates Order against a decision or direction of the Valuation Tribunal shall be instituted by serving on the registrar a notice of appeal in accordance with Form AC within 28 days from the date of the grant of leave of appeal by the President of the Valuation Tribunal.

     (5)  A notice of appeal under paragraph (4) shall be accompanied by -

(a)  a copy of the decision or direction of the Valuation Tribunal against which the appeal is made;  and

(b)  a copy of the decision of the President of the Valuation Tribunal granting leave to appeal.

     (6)  An application for leave to appeal under Article 54A of the Rates Order against a decision or direction of the Valuation Tribunal may be made to the Lands Tribunal only where the applicant has been refused leave to appeal by the President of the Valuation Tribunal.

     (7)  An application to the Lands Tribunal for leave to appeal under Article 54A of the Rates Order against a decision or direction of the Valuation Tribunal shall be made by serving on the registrar a notice of application in accordance with Form AD within 28 days from the date of refusal of leave to appeal by the President of the Valuation Tribunal.

     (8)  A notice of application under paragraph (7) shall be accompanied by -

(a)  a copy of the decision or direction of the Valuation Tribunal against which leave to appeal is being sought;  and

(b)  a copy of the decision of the President of the Valuation Tribunal refusing leave to appeal.

     (9)  If the matter of an appeal would be such as to require alteration to be made in the amount of rate payable by any person other than the applicant, or in the valuation of any hereditament for which any such person is liable to be rated, the applicant shall also at the same time serve a copy of the notice of application on each such person who may within 28 days from the date of the notice of application serve notice on the registrar of his itnention to appear as a party on such application stating -

(a)  his interest in the matter; and

(b)  an address for service of documents upon him.

     (10) Any other person not served with a copy of a notice of application under paragraph (9) who claims to be entitled to appear and be heard on such application, may serve notice on the registrar of his intention to appear stating -

(a)  his interest in the matter; and

(b)  an address for service of documents upon him.

     (11) Where the Lands Tribunal grants leave to appeal under Article 54A of the Rates Order, the notice of application for leave shall be taken to constitute the notice of appeal and to have been received by the Lands Tribunal on the date on which leave to appeal is granted.

     (12) If on consideration of an application for leave to appeal the Lands Tribunal is minded to grant leave, it may, with the consent of all the parties, treat the application as the appeal.

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Application for extension of time

       A2.  Any application for extension of the time for instituting an appeal under rule A1(1), (2) or (4) or making an application under rule A1(7) shall be made as if it was an interlocutory application under rule 12 of the General Rules and shall state reasons for non-compliance with the requirement for service of a notice of appeal or, as the case may be, application on the registrar within the prescribed period of 28 days.

Notification of certain appeals to district council

       A3.  In an appeal instituted under rule A1(1), (2) or (4) or an application under rule A1(7), the appellant or applicant, not being a district council shall at the same time send a copy of his notice of appeal or application to the district council.

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Notification to other interested parties

       A4.  In any case, if the matter of the appeal is such as to require alteration to be made in the amount of rate payable by any person other than the appellant, or in the valuation of any hereditament for which any such person is liable to be rated, the appellant shall also at the same time serve a copy of the notice of appeal on each such person who may within 28 days from the date of the notice of appeal serve on the registrar notice of his intention to appear as a party on such appeal and stating the particulars specified in rule 6(1) of the General Rules.  Every person who gives such notice shall thenceforward be a party to the appeal.

Notifications by parties of intention to appear

       A5.  Any other person not served with notice of an appeal  or notice of application for leave to appeal under rule A4 who claims to be entitled to appear and be heard on such appeal under the statutory provision conferring the right of appeal, may serve notice on the registrar of his intention to appear stating the particulars specified in Rule 6(1) of the General Rules and may thenceforward be added as a party to the appeal if it appears to the registrar that he is a person with an interest in that appeal.

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Entry of Appeal

       A6.  Upon receiving a notice of appeal or notice of application for leave to appeal the registrar shall enter particulars of the appeal in a register of rating appeals and shall serve on the Department or the Commissioner as appropriate a copy of such notice and shall inform:-

(a)  the appellant or applicant, and

(b)  each person served with notice of the appeal or application, and

(c)  any person who has served notice of intention to appear as a party on the appeal or application,

of the number of the appeal or application as entered in the register which number shall thereafter constitute the title of the appeal or application.

Notification of appearances by the registrar

       A7.   The registrar shall as soon as possible after receipt of a notice of intention to appear serve on each other party to the appeal or application a copy of such notice, and in case of a notice of intention to appear under rule A1(10) or A5 shall serve on the person giving such notice, copies of the notice of appeal or application and of any notices of intention to appear sent by other parties to the appeal or application.

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Appeal against a determination of the Department under Article 13(2)(b) of the Rates Order or against a decision or direction of the Valuation Tribunal under Article 13(3) of that Order

       A8.-(1)  This rule applies to an appeal against -

(a) a determination of the Department under Article 13(2)(b) of the Rates Order; or

(b)  a decision or direction of the Valuation Tribunal under Article 13(3) of that Order.

       (1A) The appellant shall serve on the registrar a statement of his case including the facts to be proved and the points of law (if any) on which he intends to rely at the hearing of the appeal together with copies of the statement for the Department and any other party to the appeal.

       (1B)  The statement and copies referred to in paragraph (1A) shall be served on the registrar within 28 days after the expiration of the time limited by rule A1(1) or (4) for giving notice of appeal or, in a case falling within rule A1(11), within 28 days of the date on which the Lands Tribunal grants leave to appeal and the registrar shall as soon as practicable after receipt of the statement and copies serve a copy of the statement on each other party to the appeal.

       (2)  Every party including the Department who proposes to appear on the hearing of the appeal shall within 28 days after receiving the appellant's statement of case, serve on the registrar a reply stating his case, the facts to be proved and the points of law (if any) on which he intends to rely at the hearing together with copies of the reply for the appellant and any other party to the appeal.

       (3)  The registrar shall as soon as practicable after receiving the replies serve on each party a copy of the reply supplied by each other party.

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Other Appeals

       A9.-(1)  This rule applies where the appellant proposes to raise a point of law or to propound expert valuation evidence in an appeal under Article 54 or 54A of the Rates Order other than an appeal against a decision or direction of the Valuation Tribunal under Article 13(3) of that Order.

       (2)  The appellant shall serve on the registrar the following statements with a copy of each statement for each of the other parties to the appeal -

(a)  a statement of his case, including the facts to be proved and the points of law (if any) on which he intends to rely at the hearing of the appeal;

(b)  a statement giving the address, description and valuation as shown in the valuation lists then current of the comparable hereditaments to which he intends to refer at the hearing, or a statement that he does not propose so to refer to any hereditament other than the subject of the appeal.

     (2A) The statements and copies referred to in paragraph (2) shall be served on the registrar within 28 days after the expiration of the time limited by rule A1(2) or (4) for giving notice of appeal, or in a case of an appeal under rule A1(3), after the date of the notice of transfer, or in a case falling within rule A1(11), within 28 days of the date on which the Lands Tribunal grants leave to appeal and the registrar shall as soon as practicable after receipt of the statements and copies serve on each of the other parties to the appeal copies of the appellant's statements.

       (3)  The appellant may and shall where he intends to propound expert valuation evidence within the same period also serve on the registrar together with sufficient copies for distribution to the other parties to the appeal a statement setting forth a valuation, or where it is proposed to put in evidence two or more alternative valuations, every valuation of the hereditament under appeal which it is proposed to put in evidence (including particulars and computations in support of each valuation) or a statement of value or values that the parties have agreed to attribute to the hereditament in the event of the Tribunal allowing the appeal.

      (4)  Every party who proposes to appear at the hearing of the appeal shall, within 28 days after receiving the appellant's statement of case serve on the registrar a reply stating his case, including the facts to be proved and the points of law, (if any) on which he intends to rely at the hearing together with statements corresponding to those mentioned in paragraphs (2)(b) and (3) with sufficient copies for distribution to the other parties to the appeal provided that the Commissioner or a district valuer shall not be required to produce any statement of valuation of the hereditament under appeal before the hearing.

       (5)  The registrar shall, as soon as practicable after receiving all the statements under paragraph (4) serve on each party to the appeal who has submitted such statements a copy of the statements supplied by each other party.

       (6)  When the Commissioner has received from the registrar a copy of the appellant's statement of case with a copy of either of the statements of intention referred to in paragraph (2)(b), the Commissioner shall serve on the registrar the statutory particulars relative to the subject and to the comparable hereditaments which the Commissioner intends to use at the hearing of the appeal together with a copy of such particulars for the appellant pursuant to regulations[2] made under the Finance Act (Northern Ireland) 1936[3].

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Cases not raising a point of law and in which the appellant does not propose to propound expert valuation evidence

       A10.-(1)  This rule applies when the appellant neither proposes to raise a point of law nor to propound expert valuation evidence.

       (2)  In cases to which this rule applies an exchange under rule A9(5) is not obligatory, but the appellant may serve on the registrar together with copies for the Commissioner a statement of his case including the facts to be proved and either of the statements of intention referred to in rule A9(2)(b) within 28 days after service of a notice of appeal under rule A1(2) or (4), or in a case falling within rule A1(11), within 28 days of the date on which the Lands Tribunal grants leave to appeal and the Commissioner shall within 28 days of the receipt of the copies of such statements send to the registrar his reply and a statement of the statutory particulars which the Commissioner intends to use on the hearing of the appeal together with copies for the appellant.

       (3)  In any case where a party other than the appellant proposes to call an expert valuer and no exchange of statements under rule A9(5) has taken place such party shall send to the registrar at least 10 days before the hearing statements conforming as nearly as may be to the requirements of rule A9(2)(b) and (4) with sufficient copies for distribution to all other parties, and the registrar shall serve such copies on the other parties as soon as practicable.

Power to Tribunal to waive requirements

       A11.  Notwithstanding the provisions of rule A9 which require the giving of prior notice of a point of law involved in an appeal, the Tribunal may, at the hearing waive the requirements of such rule on such terms as to costs or otherwise as may seem just in all the circumstances of the appeal.

Evidence

    A11A. In any proceedings on an appeal against a decision or direction of the Valuation Tribunal, the Lands Tribunal shall receive as evidence the findings of the Valuation Tribunal.

Interpretation

       A12.  For the purposes of this Part "statutory particulars" means any particulars which may have been delivered to or abstracted by the Department under section 9(1) of the Finance Act (Northern Ireland) 1936.

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[1] S.I. 1972/1633 (N.I. 16)

[2] S.R. & O. (N.I.) 1938 No.32 (p. 392)

[3] 1936 c. 33 (N.I.)