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Coal Mining Subsidence Act 1991

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This is the original version (as it was originally enacted).

12Payments in respect of emergency works

(1)The payment required by section 2(4) above in respect of emergency works, that is to say, works urgently and reasonably required—

(a)in order that the damaged property may continue to be used for the purposes for which it was used immediately before the damage became evident; or

(b)in order to prevent the property being affected by further subsidence damage,

is a payment equal to the cost reasonably incurred by any person other than the Corporation in executing those works.

(2)The Corporation shall not be required to make any payment in respect of any emergency works executed by any other person in connection with any property—

(a)unless that person—

(i)has given to the Corporation as soon as was reasonably practicable in all the circumstances a notice containing adequate particulars of those works; and

(ii)has afforded the Corporation reasonable facilities to inspect the property, so far as he was in a position to do so; or

(b)if the emergency works are executed after the Corporation have elected under section 10 above to make a depreciation payment in respect of the damaged property.

(3)Any payment in respect of emergency works shall be made to the person or persons by whom the cost of executing the works in question is (or is to be) incurred; and, if there are two or more such persons, the payment shall be apportioned between them—

(a)in such manner as may be determined by agreement; or

(b)in default of agreement, in shares corresponding to their respective shares in the cost.

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