Mines And Quarries (Tips) Act 1969

3 (1) Where this Schedule applies to a contributory then, subject to sub-paragraph (2) below, until the expiry of the relevant period, the contributory shall not be entitled to enforce his claim for compensation otherwise than by way of set-off against any sum demanded from him by way of contribution under section 21 or, as the case may be, section 23. E+W+S

(2) Where a demand for contribution under section 21 or section 23 in respect of the expenses referred to in paragraph 1(2)(a) above is served on a contributory to whom this Schedule applies and the amount recoverable by virtue of that demand (having regard to any application made by the contributory under section 22 or section 24) is less than the amount of the contributory’s claim for compensation against the person or local authority making the demand, sub-paragraph (1) above shall not apply to any proceedings brought by the contributory to recover the balance of that compensation from that person or local authority.

(3) For the purposes of this paragraph, the relevant period shall be determined as follows,—

(a) in relation to a claim by a contributory for compensation recoverable from the owner of a disused tip, the period of twelve months beginning with the date of the completion by the owner of the remedial operations referred to in paragraph 1(2)(a) above;

(b) in relation to a claim by a contributory for compensation recoverable from a local authority in a case where the expenses in respect of which a contribution may be claimed from him by the local authority are such as are mentioned in section 23(1), the period of twelve months beginning with the date of the completion of the remedial operations referred to in that section; and

(c) in relation to a claim by a contributory for compensation recoverable from a local authority in a case where the expenses in respect of which a contribution may be claimed from him by the local authority are such as are mentioned in section 23(2), the period of twelve months beginning with the date of the completion of the exploratory tests referred to in that section.