The Coal Mining Subsidence (Provision of Information) Regulations 1994

SUBSIDENCE INFORMATION

Obligation to furnish information to owner or occupier

4.—(1) Subject to paragraph (2) below, where a request is made of a person with responsibility which satisfies the requirements of paragraph (3) below, that person shall furnish in writing to the person by whom the request is made the information described in regulation 5(1) and (2) together with a copy of the document described in regulation 5(3), within the period of 14 days beginning with the date on which the request is received by the person of whom it is made.

(2) Paragraph (1) above shall not apply to a request if, not more than 30 days before it was made, a request which satisfies the requirements of paragraph (3) below was made by or on behalf of the same person to the same person with responsibility who responded to it in accordance with paragraph (1) above.

(3) A request satisfies the requirements of this paragraph (whether it is made orally or in writing) if it—

(a) is a request for information relating to, or to the possibility of, subsidence damage;

(b) is accompanied by the provision of the address of the person making the request;

(c) is made by, or on behalf of, a person appearing to be the owner or occupier of any land; and

(d) is made of a person with responsibility for subsidence affecting the whole or any part of the land appearing to be owned or occupied by the person by, or on whose behalf, the request is made.

Information to be furnished

5.—(1) Subject to paragraph (2) below, the information referred to in regulation 4(1) is—

(a) the full name and address of the person with responsibility referred to in regulation 4(3)(d);

(b) the place or places of business at which that person may be contacted during normal business hours; and

(c) any telephone or facsimile transmission number for communicating with that person at every such place.

(2) Where an employee or agent of the person with responsibility is appointed to represent him in his dealings with the enquirer in relation to subsidence damage—

(a) the information to be furnished in accordance with regulation 4(1) shall include the name of that employee or agent; and

(b) sub-paragraphs (b) and (c) of paragraph (1) above shall have effect with the substitution for the references to the person with responsibility of references to that employee or agent.

(3) The document referred to in regulation 4(1) is the document known as “Coal Mining Subsidence Damage—a Guide to Claimants' Rights” as for the time being issued by the Secretary of State.

Obligation to furnish information to the Authority

6.—(1) Where a request is made of a person with responsibility which satisfies the requirements of paragraph (2) below, that person shall, within the period of 14 days beginning with the date on which he received the request—

(a) notify the Coal Authority of the request;

(b) furnish the Authority in writing with the information described in regulation 7 and with the documents described in that regulation; and

(c) notify the person making the request that the Authority has been informed of it.

(2) A request satisfies the requirements of this paragraph (whether it is made orally or in writing) if it complies with sub-paragraphs (a) and (b) of regulation 4(3) but does not comply with sub-paragraph (d) of that regulation.

Information to be furnished to the Authority

7.  The information and documents referred to in regulation 6(1)(b) are—

(a) the name and address of the person making the request as supplied by that person;

(b) details of any telephone or facsimile transmission number supplied by the person making the request;

(c) details of the request including whether it was expressed to relate to actual subsidence damage, the possibility of such damage or otherwise; and

(d) such documents as the person making the request has furnished to the person of whom the request is made, including copies of any correspondence furnished by him.