Coal Mining Subsidence Act 1991

6(1)Where the interest in the property in question of the person to whom the whole or part of a depreciation payment falls to be paid is the subject of—E+W+S

(a)a contract of sale made before the relevant time; or

(b)a notice to treat served before that time under an enactment authorising the compulsory acquisition of the interest,

that payment or that part of that payment shall (subject to sub-paragraph (2) below) be held by that person in trust for the purchaser unless the contract is rescinded or the notice ceases to have effect.

(2)Any lien upon that interest to which that person is entitled by virtue of the contract shall extend to that payment or that part of that payment.

(3)In the application of sub-paragraph (1) above to Scotland, the reference to the service of a notice to treat includes a reference to the deemed service of such a notice.

Commencement Information

I1 Sch. 2 para. 6 wholly in force at 30. 11. 1991 see s. 54(2) and S.I. 1991/2508, art.2