Valuation Act 2001

Amendment of valuation list, etc. to take account of decision of Tribunal, High Court or Supreme Court.

38

38.F60[(1)] The Commissioner shall, unless the result of the decision of the Tribunal under section 37 or, as the case may be, of the High Court or Supreme Court under section 39 makes it unnecessary to do so—

(a) amend the relevant valuation list in a manner consonant with the decision of the Tribunal, the High Court or the Supreme Court under section 37 or 39, as the case may be, and

(b) (i) issue a new valuation certificate in relation to the property, the subject of the appeal concerned, or, in case the decision is that such property ought to be included in the relevant valuation list, a valuation certificate in relation to that property, to the occupier of that property and the rating authority in whose area that property is situated F61[and, where the appellant is not the occupier or the rating authority, that appellant], or

(ii) in case the decision is that the property, the subject of the appeal concerned, ought to be excluded from the relevant valuation list, notify the occupier of that property and the rating authority in whose area that property is situated F61[and, where the appellant is not the occupier or the rating authority, that appellant] of the amendment, under paragraph (a), of that list in consequence of that decision.

F62[(2) An amendment of a valuation list made under this section shall have full force, from the date of its making, for the purposes of the rating authority concerned levying a rate in relation to the property concerned by reference to that list as so amended.

(3) Where—

(a) an amount of monies is paid on account of a rate levied in respect of a property, and

(b) it appears, consequent on an amendment of the value of the property made pursuant to an exercise of the powers under this section, that that payment involved an overpayment or an underpayment of the amount due in respect of such a rate, then the balance owing or owed, as the case may be, to or by the person concerned may be paid or recovered, as appropriate—

(i) in the case of an overpayment, by making a refund to the person concerned of an amount equal to that balance or allowing an amount equal to that balance as a credit against the amount owed by the person concerned on account of a rate levied in respect of that or any other property, and

(ii) in the case of an underpayment, by recovering from the person concerned an amount equal to that balance as arrears of the rate concerned (and, accordingly, any of the means provided under any enactment for the recovery of a rate may be employed for that purpose).]

Annotations

Amendments:

F60

Inserted (1.01.2024) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 258(a), S.I. No. 537 of 2023.

F61

Inserted (8.06.2015) by Valuation (Amendment) Act 2015 (10/2015), s. 21, S.I. No. 229 of 2015, subject to transitional provisions in ss. 41-45.

F62

Inserted (1.01.2024) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 258(b), S.I. No. 537 of 2023.