RATES (NORTHERN IRELAND) ORDER 1977

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RATES (NORTHERN IRELAND) ORDER 1977 - SECT 52



52.(1) Without prejudice to Article 53, where an appeal is made to the
Commissioner under Article 51, the Commissioner shall investigate the subject
matter of the appeal, and shall review the alteration that has been made in
the valuation list or, as the case may require, shall review the decision not
to cause the alteration applied for to be made.

(2) In the course of his investigation the Commissioner shall afford to every
person who appears to him to be concerned therewith an opportunity to comment
on the subject matter of the appeal and to furnish oral or other evidence
respecting it.

(3) Without prejudice to paragraph (2), the Commissioner may obtain
information from such persons and in such manner and make such inquiries as he
considers appropriate, and may call for a report on the hereditament to which
the appeal relates from a suitably qualified officer other than the officer
previously employed

(a)in making the valuation originally included in the valuation list, or

(b)in deciding not to cause to be made in the valuation list any alteration
which was applied for, or

(c)in causing to be made any alteration in relation to which the appeal is
made.

(4) After completing his review, the Commissioner shall make such decision
with respect to the manner in which the hereditament in question is to be
treated in the valuation list as appears to him to be proper; and where that
treatment requires an alteration in the valuation list the Commissioner

(a)shall alter the valuation list accordingly; and

(b)may make such alteration in the valuation list in relation to any
comparable hereditament which is in the same state and circumstances as the
first-mentioned hereditament as appears to him to be necessary in order to
render the valuations of that hereditament and the first-mentioned
hereditament proportionate and uniform.

(5) Where the Commissioner alters the valuation list under paragraph (4)(a) or
(b) he shall serve certificates of the alteration on the persons mentioned in
Article 56(8).

(6) Where the Commissioner

(a)dismisses the appeal; or

(b)makes in the valuation list in relation to the hereditament in question any
alteration other than that desired by the appellant;

(i)the appellant;

(ii)the district council, where not the appellant; and

(iii)every other person on whom a copy of the notice of appeal was served who
submitted comments or furnished evidence to the Commissioner in connection
with the appeal.

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Northern Irish Legislation

RATES (NORTHERN IRELAND) ORDER 1977 - SECT 52