Coal Mining Subsidence Act 1991

Protected tenant treated as liable to make good the damage E+W+S

1 (1) Subject to paragraph 2 below, the protected tenant shall be treated for the purposes of this Part of this Act— E+W+S

(a) as a person liable to make good the whole of the damage to the property; or

(b) in the circumstances mentioned in sub-paragraph (2) below, as a person liable to meet such part of the cost of making good the whole of that damage as is given by the formula mentioned in sub-paragraph (3) below.

(2) The circumstances referred to in sub-paragraph (1)(b) above are that, by reason of any other enactment contained in the relevant Act or Acts, compensation in respect of the damaged property would have been payable to the protected tenant of less than the amount provided for by whichever of the following enactments would otherwise have been applicable, namely—

(a) section 1(1) of the M1 Landlord and Tenant Act 1927;

(b) section 66(1) of and paragraph 2(1) of Part I of Schedule 9 to the M2 Agricultural Holdings Act 1986;

[F1 (bb) section 20 of the Agricultural Tenancies Act 1995;]

(c) sections 38 and 49(1) of the M3 Agricultural Holdings (Scotland) Act 1949;

(d) so much of section 10 of the M4 Crofters Holdings (Scotland) Act 1886 as precedes the proviso; and

(e) section 6(2) of the M5 Crofters (Scotland) Act 1961.

(3) The formula referred to in sub-paragraph (1)(b) above is—

where—

• P is such part of the cost of making good the whole of the damage to the property as the protected tenant is to be treated as a person liable to meet;

• C is the compensation which would have been payable to the protected tenant by reason of the other enactment contained in the relevant Act or Acts;

• A is the amount provided for by whichever of the enactments mentioned in sub-paragraph (2) above would otherwise have been applicable.

(4) Any question arising under this paragraph in relation to any property—

(a) as to whether or not any person is a protected tenant; or

(b) as to the amount of any compensation which would have been payable to him under the relevant Act or Acts,

shall be determined in like manner as if it had arisen under the relevant Act or Acts.

Annotations:

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Amendments (Textual)

F1 Sch. 3 para. 1(2)(bb) inserted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 37 (with s. 37)

Commencement Information

I1 Sch. 3 para. 1 wholly in force at 30. 11. 1991 see s. 54(2) and S.I. 1991/2508, art. 2

Marginal Citations

M1 1927 c. 36.

M2 1986 c. 5.

M3 1949 c. 75.

M4 1886 c. 29.

M5 1961 c. 58.