Citation, commencement and application

1. This Order, which applies to valuation tribunals in England only, may be cited as the Valuation Tribunals (Amendment) (England) Order 2004 and shall come into force on 1st April 2004.

Amendment of Regulations

2. —(1)The Valuation and Community Charge Tribunals Regulations 1989( 2 ) (“the Regulations”) are amended in accordance with paragraphs (2) to (4) below.

(2) In regulation 2 (interpretation), for the definition of “clerk” substitute—

“ “clerk” means the clerk of the tribunal appointed in accordance with paragraphs 8 and 9 of Schedule 4 to the Local Government Act 2003 ( 3 ) ” .

(3) For regulation 9 (disqualification from membership) substitute—

“ 9. —(1) A person shall be disqualified from being appointed or continuing to be a member of a tribunal if —

(a) he is the subject of a bankruptcy restrictions order or interim order ( 4 ) ,

(b) a bankruptcy order has been made against him by a court in Northern Ireland, his estate has been sequestrated by a court in Scotland or, under the law of Northern Ireland or Scotland, he has made a composition or arrangement with, or granted a trust deed for, his creditors;

(c) in the last five years he has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and has had a qualifying sentence passed on him;

(d) he is for the time being disqualified from being a member of a local authority in pursuance of section 79 of the Local Government Act 2000 ( 5 ) ;

(e) he is aged 72 years or more; or

(f) he is an employee or his spouse is an employee of that tribunal.

(2) Where a person is disqualified under paragraph (1)(b) because a bankruptcy order has been made against him or his estate has been sequestrated as mentioned above, the disqualification shall cease—

(a) on his obtaining a discharge, or

(b) if the bankruptcy order is annulled or the sequestration of his estate is recalled or reduced, on the date of that event.

(3) Where a person is disqualified under paragraph (1)(b) because of his having made a composition or arrangement with, or granted a trust deed for, his creditors, the disqualification shall cease–

(a) at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled, or

(b) if before then he pays his debts in full, on the date on which the payment is completed.

(4) For the purposes of paragraph (1)(c), the date of a conviction shall be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution.

(5) In paragraph (1)(c), the reference to a qualifying sentence is to a sentence of imprisonment for a period of not less than three months (whether suspended or not) without the option of a fine. ” .

(4) Omit Part III of the Regulations (administration).

Transitional provision

3. —(1) In paragraph (2), “the amendments” mean sub-paragraphs (a) and (b) of paragraph (1) of regulation 9 and paragraphs (2) and (3) of that regulation, as substituted by article 2(3) of this Order.

(2) Where, on or after 1 April 2004, a person is subject to a bankruptcy order made by a court in England or Wales before 1 April 2004, the Regulations shall continue to apply, as if the amendments had not been made.