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Coal Mining Subsidence Act 1991

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This is the original version (as it was originally enacted).

2Duty to take remedial action

(1)Subject to and in accordance with the provisions of this Part, it shall be the duty of the British Coal Corporation (“the Corporation”) to take in respect of subsidence damage to any property remedial action of one or more of the kinds mentioned in subsection (2) below.

(2)The kinds of remedial action referred to in subsection (1) above are—

(a)the execution of remedial works in accordance with section 7 below;

(b)the making of payments in accordance with section 8 or 9 below in respect of the cost of remedial works executed by some other person; and

(c)the making of a payment in accordance with section 10 or 11 below in respect of the depreciation in the value of the damaged property.

(3)References in this Act, in relation to any subsidence damage, to the Corporation’s remedial obligation are references to their obligation under subsection (1) above.

(4)Where emergency works are executed by any other person, the Corporation shall also be under a duty, subject to the provisions of this Part, to make a payment in accordance with section 12 below in respect of the cost of the works.

(5)In this Act—

(a)references to payments in lieu are references to payments in accordance with section 8 or 9 below; and

(b)references to depreciation payments are references to payments in accordance with section 10 or 11 below.

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