Coal-Mining (Subsidence) Act 1957

3 Cases where further damage is likely or occurs

(1) The next following subsection shall apply in any case where a damage notice has been served on the Board in respect of any property and it appears to the Board to be probable that further subsidence damage will occur to that property within such a period as would make it unreasonable that all or any of the permanent works which would otherwise fall to be executed in connection therewith should be executed for the time being.

(2) In any case to which this subsection applies, the Board may serve on any person to whom, by virtue of any of the foregoing provisions of this Act, they have an obligation in respect of the damage to which the damage notice in question relates notice in writing to the effect that, except for emergency works and except for such other works, if any, as may be specified in the notice, the Board will neither execute any works while the notice remains in force nor make any payment in respect of works executed while the notice remains in force; and, except in such circumstances as may be prescribed, the obligations of the Board to that person by virtue of the foregoing provisions of this Act shall be subject to the terms of that notice:

Provided that it shall be the duty of the Board to revoke any notice given by them under this subsection as soon as works in connection with the property in addition to emergency works and those works, if any, specified in the notice can reasonably be executed, and any person aggrieved by a failure of the Board to specify any works in or to revoke such a notice may apply to the county court or, where the property is situated in Scotland, to the sheriff, and the court or, as the case may be, the sheriff may, if it appears in all the circumstances to be reasonable so to do, order that the notice shall be deemed to specify such additional works as may be specified in the order or, as the case may be, shall cease to have effect, and that order shall come into force when the period for an appeal therefrom expires or, if such an appeal is made, on the date when that appeal is dismissed or abandoned.

(3) Where in the case of any property a damage notice has been served on the Board and before remedial works or any works undertaken in pursuance of an election under paragraph (b) of subsection (3) of section one of this Act have been completed or the aggregate of any sums expended in executing any works undertaken as aforesaid has reached the aggregate amount referred to in that paragraph, and without the Board having given notice under subsection (2) of the last foregoing section that they elect to make a payment under subsection (4) of section one of this Act, further subsidence damage occurs to that property, the damage referred to in the damage notice and that further damage shall be treated as one, and accordingly—

(a) references in this Act to the time immediately before or immediately after the occurrence of the damage shall be construed as references to the time immediately before the occurrence of the damage referred to in the damage notice or immediately after the occurrence of the further damage, as the case may be;

(b) any notice under the said subsection (2) served before the occurrence of the further damage shall cease to have effect, the foregoing provisions of this Act shall apply as if that notice had not been given, and the reference to remedial works in the proviso to the said subsection (3) shall not include any remedial works begun before the occurrence of the further damage; and

(c) a fresh damage notice shall only be required if, before the occurrence of the further damage, notice had been served under the said subsection (2) of an election under the said subsection (3):

Provided that the Board shall be under the like liability, if any, with respect to the cost of any works executed before the occurrence of the further damage as if that further damage had not occurred.