- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Coal Mining Subsidence Act 1991, Section 9 is up to date with all changes known to be in force on or before 11 September 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)In any case to which this section applies the Corporation shall meet their remedial obligation in respect of any damage by making a payment under this section.
(2)This section applies to the following cases—
(a)where the damaged property is—
(i)in England and Wales, a highway maintainable at the public expense; or
(ii)in Scotland, a public road (within the meaning of the M1Roads (Scotland) Act 1984);
(b)where the execution of remedial works falls within a duty with respect to the damaged property which, in connection with the maintenance of public services, is imposed by virtue of any enactment on—
(i)a government department;
(ii)a local authority; or
(iii)statutory undertakers;
(c)where it is certified by the Secretary of State, on an application made to him by any other person or of his own motion, that in his opinion it is not in the public interest that the Corporation should themselves execute the remedial works.
(3)Subject to subsection (4) below, the payment required under this section in respect of any damage is a payment equal to the cost reasonably incurred by any person in executing remedial works.
(4)Where remedial works are executed after the end of the period of three years beginning with the date of the claimant’s damage notice, the amount of any payment under subsection (3) above shall not exceed the cost which might reasonably have been expected to have been incurred in executing those works if they had been executed immediately before the end of that period.
Commencement Information
I1S. 9 wholly in force at 30. 11. 1991 see s. 54(2) and S.I. 1991/2508, art. 2
Marginal Citations
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