Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999

PART III COAL MINING SUBSIDENCE ACT 1991

Interpretation and application

3.3.1—(1) In this Part–

“the Act” means the Coal Mining Subsidence Act 1991(1);

“agreement or consent” means the agreement or consent referred to in section 41 of the Act(2);

“person” means a person referred to in section 41 of the Act;

“any person with responsibility for subsidence affecting any land” has the meaning given in section 43 of the Coal Industry Act 1994(3).

(2) This Part applies to proceedings under section 41 of the Act.

Applications under section 41 of the Act

3.3.2—(1) An application under section 41 of the Act (disputes about withholding of agreement or consent) shall specify–

(a) the person with whom any person with responsibility for subsidence affecting any land has reached agreement and from whom any person with responsibility for subsidence affecting any land obtained consent; and

(b) the steps which have been taken to obtain the agreement or consent of the person who is withholding such agreement or consent.

(2) An application under section 41 of the Act made in relation to the exercise of a power under section 5(3) or (5) of the Act, shall, when lodged with the sheriff clerk, be accompanied by the notice of proposed remedial action under section 4(2) of the Act.

(1)

1991 c. 45.

(2)

Section 41 was amended by the Coal Industry Act 1994 (c. 21), Schedule 6, paragraph 7.

(3)

1994 c. 21.