UNITED KINGDOM STATUTORY INSTRUMENT
1991 No. 2509
COAL INDUSTRY
The Coal Mining Subsidence (Notices and Claims) Regulations 1991
Made 5th November 1991
Laid before Parliament 8th November 1991
Coming into force 30th November 1991
The Secretary of State, in exercise of the powers conferred upon him by sections 3(2), 13(2), 50 and 52 of, and by paragraph 4(1) of Schedule 5 and paragraph 3(2) of Schedule 6 to, the Coal Mining Subsidence Act 1991, and of all other powers enabling him in that behalf, hereby makes the following Regulations.
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Citation, commencement and interpretationCitation, commencement and interpretation
1.—(1) These Regulations may be cited as the Coal Mining Subsidence (Notices and Claims) Regulations 1991 and shall come into force on 30th November 1991.
(2) In these Regulations “the Act” means the Coal Mining Subsidence Act 1991.
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Particulars for inclusion in damage noticesParticulars for inclusion in damage notices
2. A notice under section 3(1)(a) of the Act (notice of subsidence damage) shall contain the particulars specified in Schedule 1 to these Regulations.
Notice of works
3.—(1) The provisions of section 13(2)(b) of the Act (interval before beginning of works) shall not apply where the notice in question relates to remedial works in respect of which the Corporation have made an election under section 8 of the Act.
(2) The interval for the purposes of section 13(2)(b) of the Act is–
(a)
(a) except where sub-paragraph (b) below applies, an interval of at least 7 days commencing with the day on which the notice is given and expiring on the day immediately preceding that on which the works are begun; and
(b)
(b) where the Corporation have given the person executing the works notice in writing for the purposes of this sub-paragraph, an interval of at least 14 days commencing and expiring as mentioned in sub-paragraph (a) above.
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Notices of uninhabitabilityNotices of uninhabitability
4. A notice for the purposes of paragraph 4(1)(a) of Schedule 5 to the Act (notice that dwelling-house not in reasonably fit state for use) shall–
(a) be given within the period of 14 days beginning with the date on which the person giving the notice first formed the opinion in relation to the subsidence damage in question that the requirement specified in section 23(2)(a) of the Act was satisfied; and
(b) contain the particulars specified in Schedule 2 to these Regulations.
Claims for farm loss payments
5. A claim under paragraph 3(1) of Schedule 6 to the Act (claim for farm loss payment) shall contain the particulars specified in Schedule 3 to these Regulations.
John Wakeham
Secretary of State for Energy
5th November 1991
SCHEDULE 1
Regulation 2
PARTICULARS TO BE CONTAINED IN DAMAGE NOTICES
The particulars referred to in regulation 2 are–
1. The name and address of the claimant and of any person acting on his behalf.
2. The address of the damaged property.
3. The type of property, including–
(a) if a house, whether detached, semi-detached or terraced; or
(b) if a flat or other part of a building used as a private-dwelling, whether purpose-built or a conversion.
4. If the property is not used exclusively for residential purposes, a brief description of its use.
5. Particulars of the legal interest of the claimant in the property.
6. The names and addresses (if known) of any other persons having a legal interest in the property (including mortgagees or, in Scotland, creditors under the heritable security) and the nature of their interest.
7. The approximate date of construction of each damaged part of the property.
8. Brief particulars of the damage.
9. The date, or approximate date, when the claimant first noticed the damage.
10. Whether the claimant has obtained a report on the condition of the property with a view to the possible preparation and prosecution of a damage notice and, if so, brief particulars of that report.
11. The days and times of the day when the property may be inspected.
12. Whether the property is ecclesiastical property or is otherwise held for...
