Valuation Act 2001

Right of occupier to make representations in relation to proposed valuation.

26

26.—(1) The valuation manager who secured the carrying out of the valuation concerned under section 19 shall, F20 [ ] before the date on which the valuation list based on that valuation is caused to be published under section 23 , cause to be issued to the occupier of each property that will appear on the list a copy of the valuation certificate proposed to be issued under section 24 in relation to that property, together with the notice referred to in subsection (2).

(2) The notice mentioned in subsection (1) is a notice stating that the occupier concerned may, F21 [ within 40 days from the date of the issue of the notice to him or her, if he or she is dissatisfied with the value proposed to be stated, or any other material particular stated, ] in the copy of the valuation certificate, make representations to the valuation manager in relation to that matter (and such an occupier may make such representations, within that period, to the valuation manager accordingly).

F22 [ (3) Without prejudice to subsections (4) to (6) , the valuation manager referred to in subsection (1) may

(a) having considered or caused to be considered any representations made to him or her by an occupier under and in accordance with subsection (2) , or

(b) in the absence of any such representations, of his or her own volition,

if he or she thinks it appropriate to do so, cause the terms of the valuation certificate referred to in subsection (1) to be amended.

(4) Notwithstanding anything in the preceding subsections and, in particular the fact (if such be the case) that the powers under subsection (3) have been exercised in relation to the certificate referred to in subsection (1) , the valuation manager referred to in subsection (1) may where, in his or her opinion, it is necessary or expedient to do so, cause that certificate to be replaced with a new proposed certificate.

(5) Without prejudice to subsection (4) , in the case of

(a) a single property, the subject of a certificate referred to in subsection (1) , that is subsequently subdivided into 2 or more properties, or

(b) 2 or more properties, each of which is the subject of such a certificate, that are subsequently amalgamated,

the valuation manager referred to in subsection (1) may cause the foregoing certificate or, as the case may be, each foregoing certificate to be replaced with, as the case may be

(i) 2, or more than 2, proposed new certificates, or

(ii) a single new proposed certificate.

(6) Where the power under subsection (4) or (5) is exercised, then the valuation manager shall permit the occupier of the property concerned (or, in the case of a subdivision, the occupier of each property concerned) to make, to the same extent as is mentioned in subsection (2) , representations to the valuation manager in relation to the terms of the proposed new certificate or certificates; where such representations are made a like power to that under subsection (3) is available to the valuation manager, having considered or caused to be considered those representations, to cause the terms of the certificate (or, as the case may be, of any of the certificates) to be amended.

(7) For the avoidance of doubt, any power conferred by this section to cause the terms of one or more certificates to be amended, or one or more certificates to be replaced, extends to providing for, as appropriate

(a) an increase in the value of the relevant property stated in the certificate concerned, or

(b) the specification in the replacement certificate of a higher value in respect of the relevant property than that was specified in respect of it in the previous certificate,

in addition to such power extending to providing for a decrease in such value or the specification in the replacement certificate of a lower value.

(8) Following the valuation manager s exercise or, as the case may be, final exercise of the powers under this section in relation to the relevant property concerned, he or she shall cause the appropriate valuation certificate under section 24 to be issued to the occupier concerned. ]

Annotations:

Amendments:

F20

Deleted (8.06.2015) by Valuation (Amendment) Act 2015 (10/2015), s. 11(a), S.I. No. 229 of 2015, subject to transitional provisions in ss. 41-45.

F21

Substituted (8.06.2015) by Valuation (Amendment) Act 2015 (10/2015), s. 11(b), S.I. No. 229 of 2015, subject to transitional provisions in ss. 41-45.

F22

Substituted and inserted (8.06.2015) by Valuation (Amendment) Act 2015 (10/2015), s. 11(c), S.I. No. 229 of 2015, subject to transitional provisions in ss. 41-45.