Valuation Act 2001

Valuation for certain purposes of property falling within Schedule 4.

67

67.—(1) In this section “property concerned” means property referred to in subsection (9).

F74 [ (2) Notwithstanding the preceding sections of this Act, the Commissioner may, in relation to property concerned that falls within Schedule 4 and for the purpose of the provision referred to in subsection (9) , on application being made to him or her in that behalf by a person who appears to the Commissioner to have a sufficient interest in the matter, cause the value of the property to be determined in the manner specified in subsection (2A) .

(2A) If the value of a property falls to be determined for the purposes of subsection (2) , that determination shall be made by reference to the values of other comparable properties, as appeared on an existing valuation list (as distinct from those that appear on a valuation list published under this Act) relating to the same rating authority area as that property is situate in. ]

(3) The value of the property so determined shall be deemed to be the rateable valuation of the property within the meaning, and for the purpose, of the provision referred to in subsection (9).

(4) The Commissioner shall issue to the person referred to in subsection (2) a certificate stating the value of the property referred to in that subsection as determined thereunder.

(5) The Commissioner shall, before deciding whether to accede to an application under subsection (1) in relation to property that appears on an existing valuation list which is for the time being in force, require the applicant to show cause why the valuation of the property appearing on that list will not suffice for the purpose of the provision referred to in subsection (9).

(6) If an officer of the Commissioner, the Commissioner or the Tribunal, in dealing with an application or appeal referred to in subsection (9) of section 57 , considers, having received a submission to that effect under and in accordance with that subsection, that—

( a) the property, the subject of the application or appeal, is property concerned, and

( b) the application or appeal ought to be dealt with under that subsection so as to secure a determination of the value of the property for the purpose of the provision referred to in subsection (9),

he or she or it shall deal with the application or appeal under subsection (9) of section 57 accordingly.

(7) The value of the property that is determined or confirmed by virtue of the property being so dealt with shall be deemed to be the rateable valuation of the property within the meaning, and for the purpose, of the provision referred to in subsection (9).

(8) The officer of the Commissioner concerned or, in the case of an appeal referred to in subsection (6), the Commissioner shall issue to the person who made the application or appeal referred to in that subsection a certificate stating the value of the property as determined or confirmed by virtue of its being dealt with in the manner referred to in that subsection.

(9) The provision mentioned in the preceding subsections of this section is any provision of a statute passed before the commencement of this Act, or of an instrument made under such a statute, which imposes as a condition or as one of the conditions for the enjoyment of, or the entitlement to, any right under the statute or instrument a condition expressed to relate to the rateable valuation of a property.

(10) In subsection (9)“statute” has the same meaning as it has in the Interpretation Act, 1937.

Annotations:

Amendments:

F74

Substituted and inserted (28.12.2016) by Courts Act 2016 (22/2016), s. 4, commenced on enactment.

Editorial Notes:

E130

Fees and time limit under subs. (2) prescribed (20.07.2015) by Valuation Act 2001 (Application to Commissioner) (Fees) Regulations 2015 (S.I. No. 303 of 2015), reg. 1(2), 3, 4(b) and sch., in effect as per reg. 1(2).