Valuation Act 2001

Fees.

4

4.—F7[(1) In this section, a reference to a proceeding before the Tribunal shall be construed as a reference to—

(a) an appeal made to the Tribunal under section 34, or

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

and a reference to the person bringing such proceeding shall be a reference to the person making that appeal or requirement.]

(2) The Minister may make regulations enabling F8[…] the Tribunal to charge fees, on such basis or bases as is or are specified in the regulations, in respect of proceedings brought before F8[…] 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 F9[required by the Tribunal] to be paid at the time the proceeding to which the fee relates is first brought F9[before the Tribunal] and that requirement is not complied with, that proceeding shall become and be invalid and shall, accordingly, not be F9[considered by the Tribunal].

(5) F10[…]

(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prescribed a fee in respect of the making of a requirement, or of an appeal or application, under a provision of the repealed enactments shall continue in force as if they were made under subsection (2) and, accordingly, such regulations—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 F11[enabling the Tribunal] to charge the fee prescribed in respect of the making of a requirement, or of an appeal F12[…], under the provision of this Act that corresponds to the provision concerned of the repealed enactments.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:

F7

Substituted (1.03.2023) by Tailte Éireann Act 2022 (50/2022), s. 40(b)(i), S.I. No. 58 of 2023, art. 4.

F8

Deleted (1.03.2023) by Tailte Éireann Act 2022 (50/2022), s. 40(b)(ii), S.I. No. 58 of 2023, art. 4.

F9

Substituted (1.03.2023) by Tailte Éireann Act 2022 (50/2022), s. 40(b)(iii)(I)-(III), S.I. No. 58 of 2023, art. 4.

F10

Deleted (1.03.2023) by Tailte Éireann Act 2022 (50/2022), s. 40(b)(iv), S.I. No. 58 of 2023, art. 4.

F11

Substituted (1.03.2023) by Tailte Éireann Act 2022 (50/2022), s. 40(b)(v)(I), S.I. No. 58 of 2023, art. 4.

F12

Deleted (1.03.2023) by Tailte Éireann Act 2022 (50/2022), s. 40(b)(v)(II), S.I. No. 58 of 2023, art. 4.

Modifications (not altering text):

C7

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

Previous affecting provision: subs. (1) amended (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, substituted as per F-note above.

E5

Power pursuant to subs. (2) exercised (1.09.2021) by Valuation Act 2001 (Application to Commissioner) (Amendment of Fees) Regulations 2021 (S.I. No. 437 of 2021), in effect as per reg. 2.

E6

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).

E7

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).

E8

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).

E9

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).

E10

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).

E11

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).

E12

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).

E13

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).