SL(6)371 – The Valuation Tribunal for Wales (Amendment) Regulations 2023
Background and Purpose
The Valuation Tribunal for Wales Regulations 2010 (the “2010 Regulations”) provide for the establishment, membership and administration of the Valuation Tribunal for Wales (“VTW”), as well as the procedures for council tax appeals.
The VTW is an independent tribunal resolving disputes relating to the valuation of property for non domestic rates, council tax and drainage rates.
These Regulations (the “2023 Regulations”) amend the 2010 Regulations and make changes in relation to the administration of the VTW’s Governing Council, its membership terms and the administration of council tax appeals.
The purpose of the 2023 Regulations, as explained in the Explanatory Memorandum, is to help the VTW to modernise its administrative practices and maintain a sustainable tribunal membership.
Procedure
Negative.
The Regulations were made by the Welsh Ministers before they were laid before the Senedd. The Senedd can annul the Regulations within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date they were laid before the Senedd.
Technical Scrutiny
The following points are identified for reporting under Standing Order 21.2 in respect of this instrument.
1. Standing Order 21.2(vi) – that its drafting appears to be defective or it fails to fulfil statutory requirements
Regulation 11 purports to omit a provision from regulation 46(11) of the 2010 Regulations.
The provision which is to be omitted is incorrectly identified as “paragraph (a)”. However, it should be correctly described as “sub-paragraph (a)”.
2. Standing Order 21.2(vi) – that its drafting appears to be defective or it fails to fulfil statutory requirements
Regulation 12(b) purports to amend paragraph 12(a) of Schedule 2 to the 2010 Regulations.
The location of the amendment is incorrectly identified as being “at the end of paragraph 12(a)”. Paragraph 12(a) also encompasses paragraphs 12(a)(i) and 12(a)(ii). Therefore, the “end” of paragraph 12(a) is, in fact, at the end of paragraph (ii).
The long em dash which the amendment appears to be attempting to identify is found “in paragraph 12(a), at the end of the words before paragraph (i)” (see Writing Laws for Wales 7.11(3)).
Merits Scrutiny
The following two points are identified for reporting under Standing Order 21.3 in respect of this instrument.
3. Standing Order 21.3(vi) – that it is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Senedd
A Regulatory Impact Assessment (“RIA”) was undertaken in respect of the 2023 Regulations. The RIA is contained in the Explanatory Memorandum and identifies the following benefits of making the 2023 Regulations:
[…] the maintenance of sustainable tribunal membership and the retention of experience. This will help to ensure VTW service delivery is not compromised […].
The VTW Governing Council will operate more effectively, with changes to help prevent vacancies and absences from hindering routine business and appointments. Enabling any member to be considered for election as a national representative will help to ensure future appointments are not unduly restricted.
Arrangements for council tax appeal hearings will benefit from improvements already made in relation to NDR, ensuring a consistency of approach where appropriate. The ability to hold fully virtual hearings is an important area for consistency, with respect to modernising the operations of the VTW.
4. Standing Order 21.3(vi) – that it is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Senedd
The 2023 Regulations came into force on 02 August 2023, during the Senedd’s summer recess.
Welsh Government response
A Welsh Government response is required in respect of the two technical reporting points only.
Legal Advisers
Legislation, Justice and Constitution Committee
01 September 2023