We are seeking views on minor changes to the Lands Tribunal Rules that we propose to make as a result of provisions in the Commonhold and Leasehold Reform Act 2002 ('the Act').
The proposed changes are minor and consequential to the Commonhold and Leasehold Reform Act 2002. There has already been extensive consultation on the provisions in the Act. This is therefore a limited consultation outside the Code of Practice on Written Consultation. We are consulting specific interested bodies on the draft Rules.
Procedures at the Lands Tribunal are governed by the Lands Tribunal Rules 1996 (SI 1996/1022 ). Also relevant are the Lands Tribunal (Amendment) Rules 1997 (SI 1997/1965).
The proposed changes will give effect to the provisions in the Act in relation to the requirement in all cases for permission to appeal to the Lands Tribunal from the Leasehold Valuation Tribunal, and the power of the Lands Tribunal to award costs in appeals from the Leasehold Valuation Tribunal. The draft amendment Rules are at Annex A.
Please send your response by 18 October 2002 to:
Peter Richardson
Tribunals Policy Branch
Lord Chancellor's Department
Selborne House
54 Victoria Street
London SW1E 6QW
Telephone: 020 -7210 8811
Fax: 020 -7210 0681
Email:Peter Richardson
We should appreciate receiving responses to this consultation if possible by e-mail, in MS Word.
Representative groups are asked to give a summary of the people and organisations they represent when they respond.
The Department may wish to publish responses to this consultation document in due course. Please ensure your response is marked clearly if you wish your response or name to be kept confidential. Confidential responses may be included in any statistical summary of numbers of comments received and views expressed.
The changes concern the Lands Tribunal's jurisdiction in relation to leasehold appeals. Changes flow from the following provisions in the Act :
Section 175(2) extends the requirement for permission to appeal to all appeals from the Leasehold Valuation Tribunal (LVT) to the Lands Tribunal. An appeal may be made only with the permission of the LVT or Lands Tribunal.
Section 175(6) sets out specific circumstances when the Lands Tribunal may only award costs in leasehold appeals. The Act states that 'the Lands Tribunal may not order a party to the appeal to pay costs incurred by another party in connection with the appeal unless he has, in the opinion of the Lands Tribunal, acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the appeal'.
Section 175(7) provides that where costs are awarded, the amount of any award may not exceed the maximum amount which a party to proceedings before a LVT may be ordered to pay in proceedings under or by virtue of paragraph 10(3) of Schedule 12 to the Act. The maximum amount will be £500 or such other amount as may be specified in procedure regulations.
The Amendment Rules 1997 inserted a new Part IIA into the 1996 Rules ('Application for Leave to Appeal'), and also modified Part III ('Appeals') and Part VIII ('General Procedure') of the 1996 Rules. We propose only a small number of minor changes, as indicated below.
1. Permission to Appeal
In rule 5A (inserted by the 1997 Rules), it is proposed to omit reference to the Landlord and Tenant Acts 1985 and 1987, and to insert reference to section 175 of the Commonhold and Leasehold Reform Act 2002. In future, permission to appeal will be needed in all appeals from the LVT to the Lands Tribunal.
We are substituting in the Lands Tribunal Rules the word 'leave' with 'permission', which is now the up to date term, and is also used in the Act. In Rules 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H and 6 the word 'permission' replaces 'leave'.
2. Costs
We propose to insert in rule 52(1) of the Lands Tribunal Rules (which deals with costs) reference to subsections (6)&(7) of section 175 of the Act.
We also propose to amend rule 5F(1) in light of the costs provisions in the Act. The words 'including conditions relating to the costs of the appeal' will be omitted to ensure consistency with the Act. Rule 5F(1) will therefore read : 'If the Tribunal grants leave to appeal it may do so on such conditions as it thinks fit.'
It is planned to bring into force provisions in section 175 of the Act in England later this year. The National Assembly for Wales is expected to bring into force the provisions in Wales at a later date. The draft Rules provide that the 1996 Rules shall apply to appeals to the Lands Tribunal commenced before the coming into force of section 175 as if the draft Rules had not been made. Section 175 will be brought into force on different dates in England and Wales, and the Rules will ensure that the existing 1996 Rules shall continue to apply where section 175 is not in force.
2002 No. []
LANDS TRIBUNAL
The Lands Tribunal (Amendment) Rules 2002
| Made | [ ] 2002 |
| Laid Before Parliament | [ ] 2002 |
| Coming into force | in accordance with rule 1 |
The Lord Chancellor, in exercise of the powers conferred upon him by section 3 of the Lands Tribunal Act 1949 [note1], after consultation with the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 1992 [note2], hereby makes the following Rules:
Citation, commencement and interpretation
1. The Rules may be cited as the Lands Tribunal (Amendment) Rules 2002 and shall come into force on the coming into force of section 175 of the 2002 Act in relation to England.
2. In these Rules-
Amendments to the Lands Tribunal Rules 1996
3. In rule 5A-
4. In rule 5F-
5. In rules 5B, 5C, 5D, 5E, 5G, 5H and 6 for "leave", wherever it occurs, substitute "permission".
6. In rule 52(1) after "1961 Act", insert ", subsections (6) and (7) of section 175 of the Commonhold and Leasehold Reform Act 2002".
Transitional provisions and savings
7. ––(1) Where
an appeal from a leasehold valuation tribunal which sat –
Signed on behalf of the Lord Chancellor
Parliamentary Secretary, Lord Chancellor's Department
Dated
EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules give effect to section 175 of the Commonhold and Leasehold Reform Act 2002 which provides that permission to appeal to the Lands Tribunal from a leasehold valuation tribunal is required in all cases and that a party may not be ordered to pay costs in such appeals unless the Tribunal considers that he has "acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the appeal" (section 175(6)).
In addition minor amendments have been made to the 1996 Rules to bring them in line with the terminology of the 2002 Act.
Rule 7 provides that the 1996 Rules shall apply to appeals commenced before the coming into force of section 175 as if these Rules had not been made. Section 175 will be brought into force on different dates in England and Wales and this rule will ensure that the existing Rules shall continue to apply where section 175 is not in force.
[1] 1949 c. 42; section 3 was amended by the Land Compensation Act 1961 (c.33), Schedule 5; by the Local Government, Planning and Land Act 1980 (c.65), Schedule 33, paragraph 3; by the Tribunals and Inquiries Act 1992 (c.53), section 18; by the Arbitration Act 1996 (c. 23), Schedule 3; and by the Civil Procedure (Modification of Enactments) Order 2000 (S.I. 2000/941). Schedule 5 of the Land Compensation Act 1961 was repealed by Part XI of the Schedule to the Statute Law (Repeals) Act 1974 (c.22). back
[2] 1992 c. 53. back
[3] S.I. 1996/1022 amended by S.I. 1997/1965 and S.I. 1998/22. back
[4] 2002 c. 15. back