Simon Harris (Wicklow, Fine Gael) | Oireachtas source

Section 10 extends the period of time under section 26(2) of the Act of 2001 in relation to the right of an occupier to make representations on a proposed valuation made under section 19 from 28 days to a proposed 40 days. The section also provides for an amendment to section 26(3) to enable the valuation manager, if he or she thinks it appropriate to do so, to amend the terms of the proposed valuation certificate, regardless of whether or not representation was received.

Amendment No. 17 proposes to amend section 26(2) of the 2001 Act by making specific reference to the proposed value. The objective is to ensure a comprehensive and extensive examination of all material facts can be carried out at the representation stage of the valuation cycle and for the avoidance of any doubt as to whether this can include consideration of the amount of the proposed valuation. The increase from 28 to 40 days of the period during which representations may be lodged is contained in the Bill as initiated. This extension will afford ratepayers a reasonable and longer period in which to consider whether making representations is warranted or to provide them with more time to make their submissions.

It is proposed to amend section 10 of the Bill so as to provide the valuation manager with flexibility to ensure the valuation list published under section 23 is as robust as possible. To achieve this, the following measures are required. Where the valuation manager exercises his or her powers it is also considered necessary that the valuation manager be empowered to ensure subsequent proposed valuation certificates regarding the same property where he or she forms the view that it is appropriate or necessary to amend the original or previous proposed certificates issued. It is also proposed that where the valuation manager considers it necessary to do so, he or she may issue a new proposed valuation certificate arising from the subdivision or amalgamation of relevant properties for which a proposed valuation certificate may or may not have already been issued. For the avoidance of doubt, where the valuation manager considers it necessary, he or she may increase or decrease the valuation of a relevant property.