Search Legislation

Coal Industry Act 1994

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 48

 Help about opening options

Alternative versions:

Changes to legislation:

Coal Industry Act 1994, Section 48 is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

48 Offences with respect to subsidence information.E+W+S

(1)A person shall be guilty of an offence under this section if he engages in any conduct falling within subsection (2) below for the purpose of—

(a)obtaining for himself or any other person any benefit under the 1991 Act; or

(b)facilitating the temporary or permanent avoidance, by himself or any other person, of the whole or any part of—

(i)any obligation under that Act;

(ii)any other requirement mentioned in section 47(9)(a) to (c) above; or

(iii)any liability for contravention of any such obligation or requirement.

(2)A person engages in conduct falling within this subsection if he—

(a)furnishes any other person whatever with any information which he knows to be false in a material particular;

(b)recklessly furnishes any other person whatever with any information which is false in a material particular; or

(c)with intent to deceive, withholds any information from any person whatever.

(3)A person who is or has been a licensed operator shall be guilty of an offence under this section if he—

(a)furnishes the Authority with any subsidence information which he knows to be false in a material particular;

(b)recklessly furnishes the Authority with any subsidence information which is false in a material particular; or

(c)with intent to deceive, withholds any subsidence information from the Authority.

(4)In subsection (3) above “subsidence information”, in relation to a person who is or has been a licensed operator, means information relating to the extent of the existing or potential liabilities of that person in respect of subsidence damage.

(5)Any person who fails to give, in accordance with section 46 or 47 of the 1991 Act (notice to property owners etc. and local authorities), any notice that he is required to give under that section shall be guilty of an offence under this section.

(6)In any proceedings against a person for an offence by virtue of subsection (5) above it shall be a defence for that person to show that he took such steps as were reasonable to avoid the commission of the offence.

(7)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?