Coal-Mining (Subsidence) Act 1957

2 Notices to be given to or by Board

(1) The Board shall not be required to execute any works or make any payment under subsections (2) to (5) of the foregoing section in respect of subsidence damage to any property unless the owner of the property or some other person who is liable to make good the damage in whole or in part has given notice in writing to the Board of the occurrence of the damage in such manner, within such time, and containing such particulars, as may be prescribed (in this Act referred to as a " damage notice ") and has afforded the Board reasonable facilities to inspect the property, so far as he was in a position to afford such facilities.

(2) As soon after receiving from any person a damage notice or a request to exercise their power of election under subsection (3) of the foregoing section as is reasonably practicable having regard among other things to the provisions of sections six, nine and ten of this Act, the Board shall consider whether or not to exercise their powers of election under the said subsection (3) or under subsection (4) of the foregoing section and give notice in writing of their decision to the person aforesaid; and, without prejudice to subsection (3) of the next following section, where the Board have given notice that they elect to make a payment under one or the other of those subsections they shall not revoke that election except with the agreement of all persons to whom they have given notice thereof or who have served on the Board a notice under the next following subsection:

Provided that if the Board serve a notice under subsection (2) of the next following section in respect of any works in connection with the damaged property, the Board shall not be required to serve a notice under this subsection in respect of those works until the notice under the said subsection (2) ceases to be in force in respect thereof.

(3) The Board shall not be required to make any payment under subsection (3) of the foregoing section in respect of any works executed by any other person in connection with any property unless that person has given notice in writing to the Board, in the prescribed manner and, except in such circumstances as may be prescribed, at the prescribed interval before the works are begun, containing adequate particulars thereof, and has afforded the Board reasonable facilities to inspect the property, so far as he was in a position to afford such facilities.

(4) The Board shall not be required to make any payment under subsection (5) of the foregoing section in respect of any emergency works executed by any other person in connection with any property—

(a) unless that person has given to the Board in writing as soon as was reasonably practicable in all the circumstances notice and adequate particulars of those works, and has afforded the Board reasonable facilities to inspect the property, so far as he was in a position to afford such facilities; or

(b) if the emergency works are executed after the Board have given notice under subsection (2) of this section that they elect to make a payment in respect of the damaged property under subsection (4) of the foregoing section.

(5) Where the Board have given notice under subsection (2) of this section to the person by whom a damage notice was served that they propose to execute remedial works under subsection (2) of the foregoing section, the Board, if so requested by that person at any time before these works are completed, shall give to that person in writing adequate information with respect to any of those works still remaining to be executed.