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Coal Mining Subsidence Act 1991

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This is the original version (as it was originally enacted).

Procedural requirements

4(1)The Corporation shall not be under any obligation by virtue of paragraph 2(1) above unless either the owner or the occupier of the dwelling-house is a resident and—

(a)has given to the Corporation notice, within such time and containing such particulars as may be prescribed, that in his opinion the requirement specified in section 23(2)(a) of this Act is satisfied; and

(b)has afforded the Corporation reasonable facilities to inspect the dwelling-house so far as he was in a position to afford such facilities.

(2)As soon as reasonably practicable after receiving from any person a notice under sub-paragraph (1) above, the Corporation shall give to that person notice—

(a)as to whether or not they agree with that person’s opinion; and

(b)if they so agree, as to the manner in which they propose to discharge their obligations under paragraph 2(1) above;

and where in the circumstances of any particular case it appears to the Corporation appropriate to do so, they may serve a separate such notice on any other resident.

(3)In giving such a notice, the Corporation shall not unreasonably refuse any request from a resident to adopt in his case such of the alternatives set out in paragraph 2(1) above as is specified in the request.

(4)Where the Corporation have given notice to any resident of an intention to adopt in his case either of those alternatives, they shall not adopt in his case the other of those alternatives without his consent, which shall not be unreasonably withheld.

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