Coal Mining Subsidence Act 1991

9 Obligatory payments in lieu. E+W+S

(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 M1 Roads (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

I1 S. 9 wholly in force at 30. 11. 1991 see s. 54(2) and S.I. 1991/2508, art. 2

Marginal Citations

M1 1984 c. 54.