Valuation Act 2001

Fees.

4

4.—(1) In this section a reference to a proceeding brought before the Commissioner or the Tribunal shall be construed as a reference to, as appropriate—

( a) an application made to the Commissioner under section 27 or 67,

( b) F6 [ an appeal made to the Tribunal under section 34 , or ]

( c) a requirement made of the Tribunal under section 39(2) ,

and a reference to the person bringing such proceeding shall be construed as a reference to the person who makes that application, appeal or requirement.

(2) The Minister may make regulations enabling the Commissioner and the Tribunal to charge fees, on such basis or bases as is or are specified in the regulations, in respect of proceedings brought before the Commissioner or the Tribunal.

(3) A fee charged pursuant to regulations under subsection (2) shall be payable by the person who brings the proceeding concerned.

(4) If a fee charged pursuant to regulations under subsection (2) is required by the Commissioner or the Tribunal, as the case may be, to be paid at the time the proceeding to which the fee relates is first brought before the Commissioner or the Tribunal and that requirement is not complied with, that proceeding shall become and be invalid and shall, accordingly, not be considered by the Commissioner or the Tribunal, as the case may be.

(5) The Minister may make regulations requiring the rating authority to which a valuation order relates to pay a specified amount to the Commissioner towards the expenses incurred on his or her behalf by any officer or officers of the Commissioner in carrying out a valuation pursuant to the order.

(6) Fees charged pursuant to regulations under subsection (2) shall be taken and collected in such manner as the Minister may from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister.

(7) Regulations under section 5(3) or 7 of the Act of 1988 that were in force immediately before the commencement of this Act and which prescribed a fee in respect of the making of a requirement, or of an appeal or application, under a provision of the repealed enactments shall continue in force as if they were made under subsection (2) and, accordingly, such regulations—

( a) may be amended or revoked, and

( b) shall be construed as enabling the Commissioner or the Tribunal, as the case may be, to charge the fee prescribed in respect of the making of a requirement, or of an appeal or application, under the provision of this Act that corresponds to the provision concerned of the repealed enactments.

(8) The Public Offices Fees Act, 1879, shall not apply in respect of fees charged pursuant to regulations under subsection (2).

Annotations:

Amendments:

F6

Substituted (8.06.2015) by Valuation (Amendment) Act 2015 (10/2015), s. 3, S.I. No. 229 of 2015, subject to transitional provisions in ss. 41 to 45.

Modifications (not altering text):

C6

Application of section extended (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 13(7), S.I. No. 364 of 2015.

Appeal of market value determination

13. ...

(7) Sections 4 and 39 of the Valuation Act 2001 shall apply to the determination of an appeal under this section as they apply to the determination of appeals under that Act.

...

Editorial Notes:

E4

Power pursuant to subs. (2) exercised (31.05.2018) by Valuation Act 2001 (Vacant Site Appeal to Tribunal) (Fees) Regulations 2018 (S.I. No. 200 of 2018).

E5

Power pursuant to subs. (2) exercised (20.07.2015) by Valuation Act 2001 (Case Stated for High Court) (Fee) Regulations 2015 (S.I. No. 307 of 2015), in effect as per reg. 1(2).

E6

Power pursuant to subs. (2) exercised (20.07.2015) by Valuation Act 2001 (Application to Commissioner) (Fees) Regulations 2015 (S.I. No. 303 of 2015), in effect as per reg. 1(2).

E7

Power pursuant to subs. (2) exercised (20.07.2015) by Valuation Act 2001 (Appeal to Tribunal) (Fees) Regulations 2015 (S.I. No. 302 of 2015), in effect as per reg. 1(2).

E8

Previous affecting provision: power pursuant to subs. (2) exercised (4.02.2008) by Valuation Tribunal (Revaluation Appeals) (Fees) Regulations 2008 (S.I. No. 18 of 2008); revoked (20.07.2015) by Valuation Act 2001 (Appeal to Tribunal) (Fees) Regulations 2015 (S.I. No. 302 of 2015), reg. 4(b), in effect as per reg. 1(2).

E9

Previous affecting provision: power pursuant to subs. (2) exercised (8.02.2007) by Valuation Act 2001 (Revaluation Appeals) (Fees) Regulations 2007 (S.I. No. 54 of 2007); revoked (20.07.2015) by Valuation Act 2001 (Application to Commissioner) (Fees) Regulations 2015 (S.I. No. 303 of 2015), reg. 5(2)(b), in effect as per reg. 1(2).

E10

Previous affecting provision: power pursuant to subs. (2) exercised (19.05.2004) by Valuation (Revisions and New Valuations) (Fees) Regulations 2004 (S.I. No. 381 of 2004); revoked (20.07.2015) by Valuation Act 2001 (Application to Commissioner) (Fees) Regulations 2015 (S.I. No. 303 of 2015), reg. 5(2)(a), in effect as per reg. 1(2).

E11

Previous affecting provision: power pursuant to subs. (2) exercised (18.06.2002) by Valuation Tribunal (Fees) Regulations 2002 (S.I. No. 312 of 2002); revoked (20.07.2015) by Valuation Act 2001 (Appeal to Tribunal) (Fees) Regulations 2015 (S.I. No. 302 of 2015), reg. 4(a), in effect as per reg. 1(2).