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Coal Industry Act 1994
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- 1994 c. 21
- SCHEDULE 10
- Subsidence
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- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4A-4C inserted by 2003 c. 37 s. 85(1)
- s. 4A(2) words substituted by 2011 c. 16 s. 115(2)
- s. 4D-4F inserted by 2005 asp 3 s. 30(1)
- s. 4D(2) words substituted by 2011 c. 16 s. 116(2)
- s. 4G inserted by 2011 c. 16 s. 116(1)
- s. 4CA inserted by 2011 c. 16 s. 115(1)
- s. 65A inserted by S.I. 2007/2194 Sch. 4 para. 84(2)
- Sch. 1A inserted by 2003 c. 37 Sch. 5
- Sch. 1B inserted by 2003 c. 37 Sch. 6
- Sch. 1B para. 4 text amended by S.I. 2009/1307 Sch. 1 para. 258
- Sch. 1C inserted by 2005 asp 3 Sch. 4
Commencement Orders yet to be applied to the Coal Industry Act 1994:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/144 art. 2 Sch. commences (1994 c. 21)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/766 art. 2 commences (2002 c. 40)
- S.I. 2003/1397 art. 2 commences (2002 c. 40)
- S.I. 2003/1725 art. 2 commences (2002 c. 9)
- S.I. 2003/2093 art. 2 commences (2002 c. 40)
- S.I. 2004/641 art. 2-5 commences (2003 c. 37)
- S.I. 2005/2714 art. 2-4 commences (2003 c. 37)
- S.I. 2005/3056 art. 2 3 commences (2003 c. 17)
- S.I. 2006/3272 art. 2 Sch. 1-3 commences (2005 c. 19)
- S.S.I. 2003/456 art. 2 commences (2000 asp 5)
- S.S.I. 2005/351 art. 2 commences (2005 asp 3)
SubsidenceE+W+S
13(1)Without prejudice to section 1(2) of the 1991 Act, the repeal by this Act of subsection (7) of section 34 of that Act (restriction of remedial obligation in relation to buildings etc. of which no notice was given) shall remove the restriction imposed by that subsection in relation to any remedial obligation which first arose before the restructuring date except where before that date either—E+W+S
(a)that obligation was discharged; or
(b)terms of settlement in respect of any claim relating to that obligation were finally agreed or determined.
(2)Without prejudice to section 37(4) of the 1991 Act (saving for agreements), the provisions of this Act and of that Act relating to any person who is the responsible person in relation to any subsidence damage, or who would be the responsible person if any such damage occurred, shall not affect any rights or obligations in connection with that damage which arise—
(a)under or in pursuance of a restructuring scheme,
(b)under or in pursuance of the conditions of any licence under Part II of this Act, or
(c)apart from this Act,
as between different persons who are or have at any time been licensed operators, or as between the Authority and any one or more such persons.
(3)Without prejudice to any power conferred by section 13 of the M1Interpretation Act 1978 (anticipatory exercise of powers), subordinate legislation which—
(a)is made before the restructuring date under any power contained in the 1991 Act and after any such consultation as may be required for any exercise of that power before that date, and
(b)is made so as not to come into force until on or after that date,
may contain any such provision as may be contained in any subordinate legislation made on or after that date in exercise of that power as amended by this Act.
Annotations:
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