Coal Mining Subsidence Act 1991

Cited authorities 89

Cited in

Amendments 297

Jurisdiction	UK Non-devolved
Citation	1991 c. 45

to land; orto any buildings, structures or works on, in or over land,(2) An alteration of the level or gradient of any land not otherwise damaged which does not affect its fitness for use for the purposes for which, immediately before the alteration occurred, it was used, or might reasonably have been expected to be used, shall not be regarded as damage for the purposes of subsection (1) above.are carried on by a person who is for the time being a licensed operator within the meaning of that Act; orare carried on by a person who has been such a licensed operator and in continuation of operations begun by that person before he ceased to be such an

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Contenidos

Coal Mining Subsidence Act 1991
Part I: Preliminary

1: Subsidence damage to which Act applies.

Part II: Remedial Action

General

2: Duty to take remedial action.
3: Notice of subsidence damage.
4: Initial response to damage notice.
5: Determination of appropriate remedial action.
6: Schedule of remedial works.

The kinds of remedial action available

7: Execution of remedial works.
8: Discretionary payments in lieu.
9: Obligatory payments in lieu.
10: Discretionary depreciation payments.
11: Obligatory depreciation payments.
12: Payments in respect of emergency works.

Payments in lieu and depreciation payments

13: Payments in lieu.
14: Depreciation payments: general.
15: Recipients of depreciation payments.

Further damage

16: Stop notices where further damage is likely.
17: Revocation and review of stop notices.
18: Effect of further damage.

Special cases

19: Ancient monuments and listed buildings.
20: Ecclesiastical property etc.
21: Property belonging to protected tenants.

Part III: Additional Remedies

Dwelling-houses rendered uninhabitable etc.

22: Home loss payments.
23: Relief for temporary dispossession.
24: Care of vacant dwelling-houses.
25: Compensation for inconvenience etc. during works.

Agricultural losses

26: Farm loss payments.
27: Crop loss payments.
28: Payments for tenant farmers.

Miscellaneous

29: Purchase etc. of property affected by blight.
30: Compensation for consequential losses of small firms.
31: Compensation for damage to moveable property.
32: Compensation for death or disablement.

Part IV: Preventive and Other Measures

33: Existing buildings, structures or works.

34: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36: Land drainage systems.

36: Land drainage systems.

Part V: Supplemental

Claims

37: Avoidance of double claims.
38: Reimbursement of successful claimants’ expenses.
39: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disputes and complaints

40: Disputes: general.
41: Disputes about withholding of agreement or consent.
42: Disputes about access etc. to premises.
43: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44: Time limits for certain disputes.
45: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notices, information and reports

46: Notices to property owners etc.
47: Notices to local authorities.
48: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49: Reports on operation of Act.

General

50: Regulations and orders.
51: Service of documents
52: Interpretation etc.
53: Transitional provisions, savings and repeals.
54: Short title, commencement and extent.

SCHEDULES

SCHEDULE 1 Section 14(4).
Determination of Amount of Depreciation Payments

Units of property
Basis of valuation
Amount of depreciation
Interest on depreciation payments

SCHEDULE 2 Section 15(5).
Recipients of Depreciation Payments: Special Cases

Mortgages
Rentcharges
Settlements etc.
Effect of devises or bequests
Sale and compulsory acquisition

SCHEDULE 3 Section 21(1).
Property Belonging to Protected Tenants

Protected tenant treated as liable to make good the damage
Circumstances in which Schedule applies
Supplemental

SCHEDULE 4 Section 22(1).
Home Loss Payments

Right to home loss payment
Amount of home loss payment
Supplementary provisions

SCHEDULE 5 Section 23(1).
Relief for Temporary Dispossession

Preliminary
Obligations of Corporation
Cessation of obligations
Procedural requirements
Alternative living accommodation
Supplemental

SCHEDULE 6 Section 26.
Farm Loss Payments

Right to a farm loss payment
Amount of farm loss payment
Supplementary provisions

SCHEDULE 7 Section 53(1).
Transitional Provisions and Savings

Remedial action
Additional remedies
Preventive and other measures
Notices
Supplemental

SCHEDULE 8 Section 53(2).
Repeals

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Coal Mining Subsidence Act 1991

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