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Coal Mining Subsidence Act 1991

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This is the original version (as it was originally enacted).

45Investigation of complaints

(1)The Secretary of State may give directions to the Corporation—

(a)requiring them, before a date specified in the directions, to make and submit for his approval a scheme for the investigation and determination of complaints about matters arising under this Act which are of a description so specified; and

(b)imposing requirements with respect to the terms on which such complaints are to be investigated and determined under the scheme.

(2)Such directions may also require a scheme to include—

(a)provision for the appointment of a person independent of the Corporation (“the adjudicator”) to be responsible for ensuring the proper operation of the scheme and for the provision of advice about the scheme to persons who may wish to make complaints under it;

(b)provision as to the action to be taken by the Corporation in response to determinations under the scheme;

(c)provision for the making of reports about the operation of the scheme, and the giving of information, to any person; and

(d)such other provision as the Secretary of State considers necessary or expedient.

(3)Where a scheme is submitted to the Secretary of State in pursuance of such directions—

(a)the scheme may be approved by him with or without modifications; and

(b)approval may be given for the scheme for a period specified in the approval;

and the Secretary of State may at any time withdraw approval for a scheme which is approved under this subsection.

(4)While a scheme approved under subsection (3) above is in force—

(a)the adjudicator shall investigate and determine any qualifying complaint which is duly made and shall discharge any other obligations imposed on him by the scheme; and

(b)the Corporation shall discharge any obligations so imposed on them.

(5)In subsection (4) above “qualifying complaint”, in relation to an approved scheme, means a complaint which—

(a)relates to anything done or omitted to be done by the Corporation in connection with any matter arising under this Act which is of a description specified in the scheme; and

(b)is made on the ground that the act or omission complained of—

(i)constitutes unfair treatment or maladministration on the part of the Corporation or any person acting on their behalf; and

(ii)has caused loss, expense or inconvenience to the complainant; and

(c)is not excluded from investigation and determination by or under the scheme.

(6)If the Corporation fail to comply with any directions under subsection (1) above, the Secretary of State may himself make such a scheme as is mentioned in that subsection; and a scheme so made shall have effect as if it were an approved scheme made by the Corporation.

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