Lands Tribunal Rules 1996
| Year | 1996 |
1996 No. 1022
LANDS TRIBUNAL
The Lands Tribunal Rules 1996
Made 27th March 1996
Coming into force 1st April 1996
The Lord Chancellor, in exercise of the powers conferred on him by section 3 of the Lands Tribunal Act 19491and by section 84(3A) of the Law of Property Act 19252, after consultation with the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 19923, hereby makes the following Rules—
PART I
Preliminary
Citation and commencement
1. These Rules may be cited as the Lands Tribunal Rules 1996 and shall come into force on 1st April 1996.
Interpretation
2.—(1) In these Rules—
“the Act” means the Lands Tribunal Act 1949;
“the 1961 Act” means the Land Compensation Act 19614;
“appeal against a determination” means an appeal against a determination of any question by a government department, authority or person from whom an appeal to which the determining authority is respondent lies to the Lands Tribunal;
“authority” means the person or body in respect of whose decision an appeal is brought;
“the office” means the office for the time being of the Lands Tribunal;
“party” in relation to an appeal, means the appellant, the authority and any person who has served notice of intention to respond in accordance with rule 7;
“the President” means the President of the Lands Tribunal, or the member appointed under section 2(3) of the Act to act for the time being as deputy for the President;
“proceedings” means proceedings before the Lands Tribunal;
“rating appeal” means an appeal from the decision of a valuation tribunal in relation to non-domestic rating;
“the registrar” means the registrar of the Lands Tribunal or, as respects any powers or functions of the registrar, an officer of the Lands Tribunal authorised by the Lord Chancellor to exercise those powers or functions;
“the Tribunal” means the member or members of the Lands Tribunal selected under section 3(2) of the Act to deal with a case;
“valuation officer” means a valuation officer appointed under section 61 of the Local Government Finance Act 19885or any officer authorised by him in writing to act on his behalf;
(2) In these Rules, a form referred to by number alone means the form so numbered in Schedule 1 to these Rules.
PART II
Composition and hearings of the Tribunal
Selection and powers of members of the Tribunal
3.—(1) The President may at any time substitute a member of the Lands Tribunal for a member that he has previously selected to sit as the Tribunal or as a member of the Tribunal to hear a case.
(2) Where members of the Lands Tribunal have been selected for a class or group of cases under the provisions of section 3(2) of the Act, the President may from time to time vary the members selected.
(3) Where the President has appointed a member of the Lands Tribunal to be the chairman of any members selected under paragraphs (1) or (2) the chairman shall have the same power as the President to substitute or vary the members selected.
(4) A member of the Tribunal selected to hear a case shall have power to do anything, in relation to that case, which the President has power to do under these Rules.
Notice of hearings and sittings of the Tribunal
4.—(1) The registrar shall, as soon as practicable after the commencement of proceedings before the Tribunal, send to each party a notice informing him of the date, time and place of the hearing.
(2) Upon receipt of a notice of intention to respond from a person who is not already a party to the proceedings, the registrar shall send to that person a notice informing him of the date, time and place of the hearing.
Hearings to be in public: exceptions
5.—(1) All hearings by the Tribunal shall be in public except where—
(a)
(a) it is acting as an arbitrator under a reference by consent under section 1(5) of the Act; or
(b)
(b) it is satisfied that, by reason of disclosure of confidential matters or matters concerning national security, it is just and reasonable for the hearing or any part of the hearing to be in private.
(2) The following persons shall be entitled to attend a hearing whether or not it is in private—
(a)
(a) the President or any member of the Tribunal notwithstanding that they do not constitute the Tribunal for the purpose of the hearing; and
(b)
(b) a member of the Council on Tribunals.
(3) The Tribunal, with the consent of the parties, may permit any other person to attend a hearing which is held in private.
PART III
Appeals
Notice of appeal
6.—(1) An appeal to the Lands Tribunal shall be made by sending to the registrar a written notice indicating an intention to appeal so that it is received by the registrar within 28 days from the date of the decision appealed against (“the disputed decision”), or within such other time as is prescribed by the enactment conferring the right to appeal.
(2) Where the notice referred to in paragraph (1) does not conform with the requirements set out in paragraph (3), the appellant shall, within such time as the registrar may direct, send to the registrar a notice which does so conform.
(3) The notice of appeal shall state that it is a notice of appeal and shall contain—
(a)
(a) the name and address of the appellant;
(b)
(b) the date and any reference number of the disputed decision and the name and address of the Authority;
(c)
(c) the grounds of appeal;
(d)
(d) where the appellant is represented, the name, address and profession of the representative; and
(e)
(e) the signature of the appellant or his representative and the date the notice was signed.
(4) The appellant shall attach to the notice of appeal a copy of the disputed decision and, where the appeal relates to a rating appeal, a copy of the proposal or determination that was the subject of the proceedings which led to the disputed decision.
(5) The appellant shall deliver or send the notice of appeal to the Lands Tribunal together with sufficient copies for service upon each of the parties to the proceedings which led to the disputed decision and upon the authority, and where appropriate, the valuation officer.
(6) Upon receiving a notice of appeal the registrar shall—
(a)
(a) enter particulars of the appeal in the Registrar of Appeals;
(b)
(b) serve a copy of the notice on the parties to the proceedings which led to the disputed decision other than the appellant, on the authority and, where applicable, on the valuation officer and inform the appellant of the date on which this was done; and
(c)
(c) inform the appellant and all persons on whom a copy of the notice of appeal is served of the number of the appeal entered on the Register which shall constitute the title of the appeal.
Notice of intention to respond
7.—(1) If a person on whom a copy of the notice of appeal is served intends to respond, he shall give written notice of his intention, signed and dated, stating—
(a)
(a) whether he intends to respond separately or jointly with some other person;
(b)
(b) the grounds on which he opposes the appeal; and
(c)
(c) an address for service of notices and other documents on him.
(2) The notice of intention to respond shall be served on the registrar and the appellant within 28 days of the date of service of the copy of the notice of appeal.
(3) Where the registrar receives more than one notice of intention to respond, he shall serve a copy of each such notice on all parties other than the appellant.
Statement of case
8.—(1) A person giving notice of intention to respond is, in this rule, called a “respondent”.
(2) Within 28 days of service of a notice of intention to respond, the appellant shall serve on the respondent from whom it is received, a statement of his case, including full particulars of the facts relied upon and any points of law on which he intends to rely at the hearing.
(3) Within 28 days of service of the appellant’s statement, a respondent shall serve on the appellant a reply stating his case including full particulars of the facts relied upon and any points of law on which he intends to rely at the hearing.
(4) Where a party receives from the registrar a copy of a notice of intention to respond from another party in accordance with rule 7(3), he shall, within 28 days of service of such notice on him, send to that other party a copy of the reply referred to in paragraph (3).
(5) Where a party serves a statement or reply in accordance with paragraphs (2) or (3), he shall at the same time send a copy to the registrar with confirmation that the statement or reply has been served in accordance with this rule.
(6) A statement or reply served in accordance with this rule shall be accompanied by—
(a)
(a) every valuation which the party proposes to put in evidence (which shall include all particulars and computations in support of the valuation), or a statement of the value or values which the parties have agreed, and
(b)
(b) either—
(i) full particulars of any comparable properties and transactions to which the party intends to refer at the hearing in support of his case and a statement of the purpose for which the comparison is made; or
(ii) a statement that no comparable properties or transactions will be referred to.
(7) If at the hearing of an appeal a party seeks to rely upon any valuation or other document which appears to the Tribunal not to have been served in accordance with this rule, it may adjourn the hearing on such terms as to costs or otherwise as it thinks fit.
PART IV
References
Application of Part IV
9. Part IV applies to any reference to the Lands Tribunal other than an appeal, or an application to which Part V or VI applies.
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