§ Ascertainment of rateable value and adjustments for pending proposals
§ 1. In relation to any premises in England or Wales, any reference in this Act to the rateable value on a particular date (hereinafter referred to as the "date of ascertainment") shall subject to the following provisions of this Part of this Schedule be construed—
- (a) if the premises are a hereditament for which a rateable value is then shown in the valuation list, as a reference to the rateable value of the hereditament, or where that value differs from the net annual value, the net annual value thereof, as shown in the valuation list on that date;
- (b) if the premises form part only of such a hereditament, as a reference to such proportion of the said rateable value or net annual value as may be agreed in writing between the landlord and tenant or determined by the county court;
- (c) if the premises consist of or form part of more than one such hereditament, to the aggregate of the rateable values (ascertained in accordance with the foregoing sub-paragraph) of those hereditaments or parts.
§ 2.—(1) The following provision shall have effect for the purposes of subsection (1) of section ten of this Act or an order made under subsection (3) thereof, that is to say, where after the date of ascertainment the valuation list is altered so as to vary the rateable value of a hereditament, and the alteration has effect from a date not later than the date of ascertainment and is made in pursuance of a proposal to which this paragraph applies, the rateable value on the date of ascertainment of any dwelling-house consisting of or wholly or partly comprised in that hereditament shall be ascertained as if the amount of the rateable, or as the case may be net annual, value of that hereditament shown in the valuation list on the date of ascertainment had been the amount of that value shown in the list as altered.
§ (2) This paragraph applies to a proposal made—
- (a) if the date of ascertainment is that specified in subsection (1) of section ten of this Act, before the fifteenth day of March, nineteen hundred and fifty-seven;
- (b) if the date of ascertainment is a date specified in an order under subsection (3) of the said section ten. before such date as may be specified by the order for the purposes of this provision.
§ 3.—(1) Where the application or non-application of the Rent Acts to a dwelling-house may be affected by an alteration in the valuation list made in pursuance of a proposal to which the foregoing paragraph applies, then'—
- (a) if the proposal is pending at the commencement of this Act, nothing in subsection
§ (1) of section ten thereof, and
- (b) if it is pending at the date specified in an order under subsection (3) of that section as the date from which the Rent Acts are to cease to apply, nothing in the order,
§ (2) The foregoing sub-paragraph shall not have effect as respects the said subsection (1) in a case where the proposal is one for an alteration in the valuation list reducing the rateable value of the dwelling-house and that rateable value on the thirty-first day of March, nineteen hundred and fifty-six, was such that, if it had remained unaltered, the Rent Acts would apart from this and the last foregoing paragraph have ceased to apply to the dwelling-house by virtue of the said subsection (1); and in any such case the said subsection (1) (if it has effect in relation to the dwelling-house) shall have effect in relation thereto as from the commencement of this Act notwithstanding that at that date the proposal has not been settled.
§ 4. The following provision shall have effect for the purposes of section eleven of this Act, that is to say, where after the date of ascertainment the valuation list is altered so as to vary the rateable value of a hereditament, and 1284 the alteration has effect from a date not later that the date of ascertainment, the rateable value on the date of ascertainment of any dwelling consisting of or comprised in that hereditament shall be ascertained as if the amount of the rateable, or as the case may be net annual, value of that hereditament shown in the valuation list on the date of ascertainment had been the amount of that value shown in the list as altered.
§ 5. This Part of this Schedule shall apply to Scotland subject to the following modifications—
§
(a) for paragraph 1 there shall be substituted the following paragraph—
1. In relation to any premises in Scotland, any reference in this Act to the rateable value on a particular date (hereinafter referred to as 'the date of ascertainment') shall, subject to the following provisions of this Part of this Schedule, be construed as a reference to the rateable value thereof as shown in the valuation roll on that date, or where the premises form part only of lands and heritages shown in that roll, to such proportion of the rateable value of those lands and heritages as may be agreed in writing between the landlord and the tenant or determined by the sheriff.";
§ (b) for references to the valuation list and to a hereditament there shall be substituted references to the valuation roll and to lands and heritages and any reference to net annual value shall be omitted;
§ (c) for any reference to a proposal to which paragraph 2 of this Schedule applies there shall be substituted a reference to an appeal or complaint duly made in accordance with the provisions of the Lands Valuation (Scotland) Act, 1854, and the Acts amending that Act, against an entry in the valuation roll, and sub-paragraph (2) of paragraph 2 shall be omitted;
§ (d) in paragraph 3, for heads (a) and (b) of sub-paragraph (1) there shall be substituted the words "nothing in subsection (1) of section ten of this Act or in an order under subsection (3) of that section ", and in sub-paragraph (2) for the words "the thirty-first day of March "there shall be substituted the words" the fifteenth day of May";
§ (e) for the purposes of this Part of this Schedule an appeal or complaint shall be taken to be settled when an alteration is made in the valuation roll to give effect to it, or when the appeal or complaint (including any further appeal to the Lands Valuation Appeal Court) is finally determined, or when the appeal or complaint is withdrawn, whichever first occurs.