In this section
Regulation 18 (1) of the Non-Domestic Rating (Chargeable Amounts)(England) Regulations 2004 for the 2005 list transition scheme and Regulation 17 (1) of the Non-Domestic Rating (Chargeable Amounts)(England) Regulations 2009 for the 2010 list transition scheme states that it is the responsibility of the VO to certify any change in value for Transitional Purposes attributed to any hereditament as soon as practicable after the circumstances calling for certification come to his attention.
Regulation 18(4) of the Non-Domestic Rating (Chargeable Amounts)(England) Regulations 2004 and Regulation 17 (4) of the Non-Domestic Rating (Chargeable Amounts)(England) Regulations 2009 requires the VO to send a copy of the certificate to:
i) the Billing Authority concerned or if the hereditament is in the Central List the Secretary of State.
ii) the ratepayer concerned.
Certificates must whenever possible be created through RSA as this will ensure that a record is kept against the property address. Where RSA cannot produce the necessary certificate, template certificates are available within the word application and also within the Transition Homepage for each list year.
A certificate of posting will have to be kept together with a copy of the certificate in cases where RSA is not used to produce the certificate see paragraph 8.3 below.
Requests may be made, in writing, by ratepayers or by the Billing Authorities, but certificates can also be issued on the VO's own volition.
Each application should contain the following information:-
- the address of the property concerned;
- the name, and address, of the person making the application; and
- a statement requesting a certificate (if received from a ratepayer or a Billing Authority).
Where an application for a certificate of value is received for a property not situated within the VO's area, it should be returned to the person making the request with a letter advising of the correct VO and appropriate address.
If it is necessary for the VO to issue a Notice of Alteration to the Rating List, and this, in turn, necessitates a change in the certified value for Transitional Purposes, a new certificate should be issued at the same time as the VO issues the Notice of Alteration to the Rating List, a copy being sent to the Billing Authority and the ratepayer concerned.
Check that the property referred to is within the VO's area. If not see Para 2(2) for action.
Date stamp every application using the official office date stamp.
Establish under which Regulation(s) of the Non-Domestic Rating (Chargeable Amounts)(England) Regulations 2004 and the Non-Domestic Rating (Chargeable Amounts)(England) Regulations 2009 the applicant requires the certificate as requests for certified values might cover more than one Regulation use the Transition Homepage for guidance.
Acknowledge receipt of the request to the applicant using a standard office Compliment Slip. Where a Billing Authority makes its applications in schedule format, the schedule should be photocopied and returned to the Billing Authority suitably acknowledged.
No time limit is prescribed for issuing certificates but the Regulations state that VOs "shall certify the values ...... as soon as practicable after the circumstances calling for the certification come to his attention". VOs should, therefore, give priority to this type of work and, wherever possible, issue a certificate within six weeks of receiving an application.
When an application has been received, and accepted as being valid, the top copy of the Working Docket, together with the application for a certificate, is placed into a plastic wallet and, together with the core record file, passed to the caseworker assigned to the case.
If an application for a certificate of value for transitional purposes is received for a property dealt with by a Specialist Valuer ie. Specialist Valuation Unit, Group A valuer, MV or LPV (London), it will be necessary to transmit the request, together with the Working Docket, in the plastic wallet, to the Specialist Valuer concerned.
The VO should keep a copy of all papers issued to a Specialist Valuer, in case papers go astray, until the originals are returned, completed by the Specialist Valuer. The copies should then be destroyed as confidential waste.
VOs should use a commonsense approach, having regard to the particular circumstances applying to each request, to having properties inspected for Certificate of Value for Transitional purposes.
Any information provided by the ratepayer on which a decision to certify is made should be retained together with the originating paperwork.
Where the tool from the Transition Homepage is used to identify the certificate type, a copy of the decision process should also be saved to assist with any future appeals or queries.
The certificate should whenever possible be prepared through RSA for issue from the completed top copy of the Working Docket (VO 7061).
An amended certificate should be issued where, whether by reason of a decision of a VT or otherwise, the VO forms the opinion that a previous certificate is inaccurate, unless it has been confirmed on appeal. Such a certificate has effect in place of any previous certification and any appeal against a previous certificate is deemed to have been withdrawn.
8.2 Number of Copies
The number of copies of the certificate will depend on circumstances relating to each case, as shown below:
- the original certificate to be retained by the VO when produced manually and not through RSA
- copy to the ratepayer [see Regulation 18(4)(b) SI 2004 No 3387 and Regulation 17(4)(b) SI 2009 No 3343].
- copy always to the Billing Authority.
- copy to the Specialist Valuer - Specialist Valuation Unit, Group A, MV, LPV(L) - as necessary.
- copy to serve as a record of posting where RSA not used to produce the certificate.
8.3 Despatch of Certificates
When manually creating the certificates, (completed from the top copy of the Working Docket (VO 7061)), the certificate should be stamped with the VO's name and dated.
The relevant number of copies are stamped (see para 8(2)) and the copies of the certificate should be sent the same day as they are dated.
The original certificate should be retained by the VO in the plastic wallet and VOs should bear in mind that it may be inspected "at any reasonable time" at the VO's Office (Regulation 18(6) SI 2004 No 3387 and Regulation 17(6) SI 2009 No 3343). The plastic wallet should be placed in a four drawer cabinet in case number order and the core record file placed in the filing system, unless it is required for any other purpose.
The copy of the certificate used as a record of posting should be attached to a covering certificate for completion by the posting clerk, after posting, (see below).
Certificate of Posting
Certificates of Value for Transitional
Purposes (SI 2004 No 3387 or SI 2009 No 3343)
Billing Authority ......................................................
I certify that a copy of the attached
documents was posted by me at (insert
place of posting) ..................................... on
...................... (date) at .................... (time).
These copies of Certificates of Value, and the associated Posting Certificate, should be filed, in date order, in a 4 drawer cabinet, clearly marked as such.
Note the certificates of posting and original copy are not required when producing Transition Certificates through RSA as the details are retained against the property address.
For Appeals against Certificates of Value for Transitional Purposes, see RM 3:19.