Fee Paid Valuation Member

Location
Province wide, Northern Ireland
Salary
£335 per day, £167 per half day
Posted
04 Mar 2019
Closes
01 Apr 2019
Sector
Land, Property
Contract Type
Freelance

NORTHERN IRELAND VALUATION TRIBUNAL 

FEE PAID VALUATION MEMBER 

JOB DESCRIPTION 

1. Legislation 

1.1 The primary legislation that provides for the appointment process, functions and procedures of the Northern Ireland Valuation Tribunal is the Rates (Amendment) (Northern Ireland) 2006 which amends The Rates (Northern Ireland) Order 1977. The Valuation Tribunal Rules (Northern Ireland) 2007, as amended, prescribes the practice and procedure in relation to proceedings before the Tribunal. 

2. The Northern Ireland Valuation Tribunal 

2.1 The Northern Ireland Valuation Tribunal (NIVT) is an independent judicial body that hears and determines appeals including appeals against capital values for property in Northern Ireland upon which domestic rates bills are based. NIVT also hears appeals relating to rates allowance for premises adapted for persons with a disability and lone pensioner rate relief. The tribunal’s remit also includes High Hedges appeals against decisions of District Councils. 

2.2 The fee-paid Valuation member will have responsibility for: 

 sitting as a member of the NIVT panel in the determination of appeals in accordance with the Rates (Northern Ireland Order 1977, as amended by The Rates (Amendment) Northern Ireland Order 2006 and subsequent legislation. 

 Sitting as a member of the NIVT panel in the determination of appeals in regard to additional NIVT jurisdictions including in respect of the Rate Relief (Lone Pensioner Allowance), Regulations (Northern Ireland) 2008 and in the determination of appeals in accordance with the High Hedges Act (Northern Ireland) 2011, including conducting any required site inspections and also any additional NIVT jurisdictions added from time to time. 

 acting under the direction of the NIVT President or a Chairman and in accordance with the Valuation Tribunal Rules (Northern Ireland) 2007 as amended (“the NIVT Rules”). 

3. Overriding Objective 

3.1 The overriding objective of the NIVT (as defined by Rule 3 of the NIVT Rules) is to deal with cases fairly and justly, by the determination of appeals in ways which: 

 are proportionate to the complexity of the issues and to the resources of the parties; 

 seek to provide informality and flexibility in the proceedings; 

 ensure that the parties are on an equal footing procedurally and are able to participate fully in the proceedings, including assisting any party in the presentation of his case without advocating the course he should take; 

 use NIVT’s special expertise effectively; 

 avoid delay, so far as compatible with the proper consideration of the issues. 

3.2 The Valuation Member is required to assist in the conduct of NIVT hearings including by providing valuation and, as applicable, surveying expertise at any appropriate site visit and also during the hearing and in the subsequent decision-making process. 

4. Main and Associated Activities 

4.1 Appeals are determined either upon oral hearings or on the basis of written representations. 

4.2 Oral Hearings 

The main activities of a Valuation Member are to:- 

 Become familiar with case papers, which will include the appellant’s and respondent’s documentary evidence and submissions. 

 Participate in any pre-hearing discussions with other NIVT panel members. 

 Participate in hearings in such a manner that all parties are able to have their respective cases presented and considered as fully and fairly as possible. 

 Help promote in each case the most expeditious dispatch of NIVT business compatible with the interests of justice. 

 Maintain the authority and dignity of the NIVT. 

 If required, examine such technical and valuation issues as necessary. 

 Participate fully in the NIVT decision-making process, give clear and concise reasons for any decisions and where necessary, provide a clear and cogent explanation of the relevant law. 

 Determine appeals in such a way as to avoid any form of discrimination in accordance with section 75 of the Northern Ireland Act 1998. 

4.3 Written Representations 

Such preparatory work as stated in 4.2 above is necessary regardless of whether the appellant has opted for an oral hearing of the appeal or if it is to be determined on the basis of written representations and evidence alone. NIVT will: 

 Determine appeals where the parties have given consent to disposal by written representations. 

 Explore fully all relevant evidence and factual issues and submissions. 

 Give clear and concise reasons for any decisions and, where necessary, provide a clear and cogent explanation of the relevant law. 

 Determine appeals in such a way as to avoid any form of discrimination in accordance with section 75 of the Northern Ireland Act 1998. 

4.4 Conduct of Hearings 

A Valuation Member as part of the NIVT panel is required to participate in the conduct of hearings in accordance with the NIVT Rules. This shall include: 

 Participating in hearings in an informal and flexible manner which allows all parties to proceedings to understand any relevant issues. 

 Participating in hearings in such a way as to avoid any form of discrimination in accordance with section 75 of the Northern Ireland Act 1998. 

 Explaining as necessary any relevant issues in plain English. 

 Allowing that if the respondent is the only party to appear at hearing the appeal may be dismissed. 

 Allowing that if one party to the appeal does not appear the hearing may proceed and be determined in their absence. 

 Determining the order in which the parties at the hearing may be heard. 

 Allowing parties at the hearing to examine any witness and to call witnesses. 

 Allowing that a hearing may be adjourned for such time, to such place and on such terms (if any) as the NIVT thinks fit; and that reasonable notice of the time and place to which the hearing has been adjourned shall be given to every party. 

 Allowing that, if it thinks fit, the NIVT may after notice to the parties inviting them to be present inspect any hereditament which is the subject of an appeal. 

 Acknowledging that the NIVT shall not be bound by any statutory provision or rule of law relating to the admissibility of evidence before courts of law. 

 Assisting in giving clear and concise reasons for NIVT decisions and, where necessary, in providing a clear and cogent explanation of the relevant law. 

5. Other Responsibilities 

5.1 Valuation Members need to keep abreast of any changes to the relevant legislation, including NIVT’s Rules. They should become familiar with important NIVT decisions. 

5.2 Valuation Members will from time to time be required to attend meetings and conferences with NIVT members and to attend training courses as necessary. 

5.3 Valuation Members must possess a basic level of IT knowledge and skills. 

6. Location 

6.1 Hearings will be conducted at various locations throughout Northern Ireland.