Coal-Mining (Subsidence) Act 1957

17 Interpretation etc.

(1) In this Act, unless the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

• " agricultural land " means land used for agriculture within the meaning of the Agriculture Act, 1947, or, in the case of land in Scotland, the Agriculture (Scotland) Act, 1948, which is so used for the purpose of a trade or business;

• " the Board " means the National Coal Board ;

• " damage notice " has the meaning assigned by subsection (1) of section two of this Act;

• " dwelling-house " means—

  (a)

  a rating unit used wholly or mainly for the purposes of a private dwelling ; or

  (b)

  any such separately occupied part of a rating unit as is used wholly or mainly for the purposes of a private dwelling ; or

  (c)

  such part of a rating unit which is used partly, but not wholly or mainly, for the purposes of a private dwelling as is used for those purposes ; or

  (d)

  any such part (whether separately occupied or not) of a rating unit in Scotland entered in the valuation roll as agricultural lands and heritages within the meaning of the Rating and Valuation (Apportionment) Act, 1928, as is occupied wholly or mainly as a private dwelling ;

• " emergency works " has the meaning assigned by subsection (5) of section one of this Act;

• " ground lease " means a lease for building purposes at a rent (or, where the rent varies, at a maximum rent) which does not substantially exceed the rent which a tenant might reasonably have been expected, at the date when the lease was granted, to pay for the land comprised in the lease, excluding any buildings, for a term equal to the term created by the lease ;

• " the Minister " means the Minister of Power ;

• " owner " in relation to any property—

  (a)

  if the property is held on a ground lease, means the lessee under that lease ;

  (b)

  in the case of any other real property in England and Wales, means the owner of the fee simple;

  (c)

  in the case of any other heritable property in Scotland, means, if the property is feudal property, the proprietor of the dominium utile, or, if the property is not feudal property, the owner of the property;

• " prescribed " means prescribed by regulations made by the Minister under this Act;

• " rating unit " means—

  (a)

  in England and Wales, a hereditament which is separately valued for rating purposes,

  (b)

  in Scotland, lands and heritages within the meaning of the Lands Valuation (Scotland) Act, 1854, which are separately valued for rating purposes ;

• " remedial works " has the meaning assigned by subsection (2) of section one of this Act;

• " structure " includes any works providing passage or hard standing for persons, animals, or vehicles, including railway or tramway vehicles and aircraft;

• " subsidence damage " has the meaning assigned by subsection (1) of section one of this Act

(2) For the purposes of this Act subsidence damage shall be deemed to occur—

(a) in the case of damage such as is specified in paragraph (c) of subsection (1) of section one of this Act or damage consisting in an alteration of the level or gradient of property not otherwise damaged, at the time when the damage first affected the fitness of the damaged property for use for the purposes mentioned in subsection (2) of that section ;

(b) in any other case, at the time when evidence of the damage first appears.

(3) Save where the context otherwise requires, references in this Act to any enactment shall be construed as references to that enactment as amended by or under any other enactment, including any enactment contained in this Act.

(4) Any notice required by this Act to be given to any person by the Board may be served by post in a registered letter addressed to that person at his usual or last known place of abode or, if that person is a body corporate, at the registered or principal office of the body corporate.