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Although every effort will be made to discuss your
appeal with you on an informal basis it may be that this will not be
possible because of the number of individual appeals lodged. In such
circumstances you will receive a notice of
hearing to appear before a Valuation Appeal Committee (VAC). If this
happens you will still be able to discuss your appeal with the Assessor
or a member of his staff and may be able to resolve the matter. If not
the VAC will hear your appeal and the Assessor’s response.
Valuation Appeal Committees comprise a chairperson
and (usually) between three and six other members, all of whom are drawn
from a panel of local people appointed by the Sheriff Principal. They
are all unpaid and completely independent of the Assessor and your local
council. The VAC hearing your case will have no prior information about
your property, the grounds of your appeal or of the Assessor’s
response. They will deal with the appeal on the basis of the evidence
that they hear on the day.
A paid secretary, who is usually a solicitor and is
also appointed by the Sheriff, will assist the VAC. The secretary does
not take any part in reaching a decision in your case but is there to
advise the VAC on legal matters and may take part in the hearing by, eg
asking you (or the Assessor) questions.
If you think that your appeal is complicated or
highly technical or raises major questions of principle or law, you may
wish to consult a chartered surveyor or a solicitor with a view to
asking the VAC to refer your appeal to the Lands Tribunal for Scotland.
Special rules apply to such cases and you would be well advised to seek
independent advice. The Assessor will also be able to provide guidance
about such appeals and the relevant timetables. The Assessor may also
ask to have an appeal referred to the Lands Tribunal.
Procedures in relation to appeals are set out in
detail in "The Valuation Appeal Committee (Procedure in Appeals
under the Valuation Acts) (Scotland) Regulations 1995 (SI No 572/1995).
Copies may be obtained at main public libraries and can be purchased at
HMSO bookshops. Further information is also available in a Scottish
Executive leaflet, "Non Domestic Rates Revaluation 2005 Appeal
Procedure" copies
of which are available from the Assessor. |