the execution of remedial works in accordance with section 7 below;

the making of payments in accordance with section 8 or 9 below in respect of the cost of remedial works executed by some other person; and

the making of a payment in accordance with section 10 or 11 below in respect of the depreciation in the value of the damaged property.

references to payments in lieu are references to payments in accordance with section 8 or 9 below; and

references to depreciation payments are references to payments in accordance with section 10 or 11 below.

has given to the Corporation the required notice with respect to the damage within the period allowed by this section; and

has afforded the Corporation reasonable facilities to inspect the property, so far as he was in a position to do so.

that the damage has occurred; and

that the nature of the damage and the circumstances are such as to indicate that the damage may be subsidence damage;

any facts which were observable or ascertainable by him; and

any facts which would have been ascertainable by him with the help of any expert advice which it was reasonable for him to seek.

after receiving a damage notice; or

where they receive two or more such notices in respect of the same damage, after receiving the first of them,

stating the kind or kinds of remedial action available for meeting that obligation and, if more than one, which of them the Corporation propose to take; and

in the case of a notice stating that the Corporation propose to execute remedial works with respect to any damage, informing the claimant or that person that, if he makes such a request as is mentioned in section 8(3) below, the Corporation may elect to make a payment in lieu instead of executing the works.

the Corporation have power under section 8 or 10 below to elect to make a payment in accordance with that section in respect of any damage; and

they have not exercised that power by stating in the notice of proposed remedial action with respect to that damage that they propose to make such a payment,

the works which the Corporation consider to be remedial works in relation to the damage, that is to say, such works (including works of redecoration) as are necessary in order to make good the damage, so far as it is reasonably practicable to do so, to the reasonable satisfaction of the claimant and any other person interested; and

in the case of each item of those works, the amount of the cost which the Corporation consider it would be reasonable for any person to incur in order to secure that the work is executed.

may at any time be varied by agreement between the parties or in any manner determined under subsection (6) below.

any party by a notice given to the other party or parties requests a variation of a schedule of remedial works; and

the variation requested is not agreed between both or all parties, with or without modifications, before the end of the period of 28 days beginning with the date of the notice,

to merge the execution of other works in connection with the damaged property with the execution of remedial works; or

to redevelop the damaged property instead of executing remedial works,

immediately before the subsidence damage became evident the property was in a state of disrepair;

it is not practicable to execute remedial works without including in those works additional works which would not be necessary but for the disrepair (“the works attributable to the disrepair”); and

the total scheduled cost is higher by at least 20 per cent. than it would have been if the costs of the works attributable to the disrepair had not been included,

any request complying with subsection (3) above to make an election under subsection (2) above; or

any request received from the claimant or any other person interested to make an election under subsection (4) above.

the Corporation have acceded to another such request made by another person;

the execution of remedial works by a person other than the Corporation would significantly impede the discharge of their remedial obligation in respect of one or more neighbouring properties; or

where the damage has rendered the property structurally unsound, the execution of such works by the person by whom the request was made or, as the case may be, by the person specified in the request would be unlikely to restore the structural integrity of the property,

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.

where the aggregate amount of the costs specified in the schedule of remedial works exceeds the depreciation amount by at least 20 per cent.;

where the property is not a dwelling-house and the Corporation and the person or persons to whom any payment would fall to be made in accordance with this section agree that such a payment should be made;

where the property is a dwelling-house and it appears F4. . . that a notice to treat is likely to be served for the compulsory purchase of the dwelling-house under housing clearance powers in such circumstances that the compulsory purchase will be attributable to the subsidence damage.

the service of such a notice under section 5 of the M3Compulsory Purchase Act 1965; or

the service or deemed service of such a notice under section 17 of the M4Lands Clauses Consolidation (Scotland) Act 1845.

a notice to treat for the compulsory purchase of the dwelling-house under housing clearance powers is served in such circumstances that the compulsory purchase will be attributable to the damage; or

a demolition or closing order is made in respect of the dwelling-house under housing clearance powers in such circumstances that the making of the order is so attributable,

remedial works have been executed; but

there is a depreciation in the value of the property caused by any damage the making good of which to the reasonable satisfaction of the claimant and any other person interested was not reasonably practicable,

in order that the damaged property may continue to be used for the purposes for which it was used immediately before the damage became evident; or

in order to prevent the property being affected by further subsidence damage,

if the emergency works are executed after the Corporation have elected under section 10 above to make a depreciation payment in respect of the damaged property.

in such manner as may be determined by agreement; or

in default of agreement, in shares corresponding to their respective shares in the cost.

has given to the Corporation the required notice with respect to the works; and

has afforded the Corporation reasonable facilities to inspect the property, so far as he was in a position to do so.

contains adequate particulars of the works; and

except in such circumstances as may be prescribed, is given at the prescribed interval before the works are begun.

may only be made if the Corporation are satisfied that it will be applied in meeting the expenditure in question; and

shall be regarded for the purposes of this Act as made in accordance with the provision of section 8 or 9 above which requires the payment in lieu on account of which it is made.

in such manner as may be determined by agreement; or

in default of agreement, in shares corresponding to their respective shares in the cost.

the local authority within the meaning of the M5Housing Act 1985; or

the local authority within the meaning of the M6Housing (Scotland) Act 1987,

the unit of property to be taken into account for any purposes of section 10 or 11 above; and

the amount of any depreciation in the value of any such unit in respect of which a depreciation payment falls to be made;

the reference to the scheduled cost of works for which the other person is responsible is a reference to the aggregate amount of the costs specified in the schedule of remedial works in respect of works required for making good the part of the damage which he is liable to make good; and

the reference to the total scheduled cost is a reference to the aggregate amount of all costs specified in the schedule of remedial works.

a damage notice has been given to the Corporation in respect of subsidence damage to any property; and

it appears F5. . . to be probable that further subsidence damage will occur to that property within the period of eighteen months beginning with that time;

emergency works; and

such other works (if any) as may be specified in the notice (“excepted works”),

emergency works; or

works the execution of which is not reasonably practicable in all the circumstances of the case.

the Corporation’s remedial obligation to that person in respect of the damage shall be subject to the terms of that notice;

any notice affecting the required remedial action in respect of the damage given by the Corporation before the stop notice is given shall cease to have effect, except in so far as it relates to excepted works;

any schedule of remedial works relating to the damage sent to that person before the stop notice is given shall not take effect or (as the case may be) shall cease to have effect, except in so far as it relates to excepted works and related costs;

any period during which the stop notice is in force shall be disregarded in reckoning the period mentioned in subsection (4) of section 9 above (claim for obligatory payments in lieu), except for the purposes of the application of that section in relation to any excepted works;

so long as the stop notice is in force the Corporation shall not be required to give any notice of proposed remedial action in respect of the damage or to send to that person any schedule of remedial works, except so far as any such notice or schedule is required for the purposes of excepted works; and

the time when it first appears F5. . . to be probable that further subsidence damage will occur to the property within the next succeeding period of eighteen months; or

any later time when it first appears F7. . . that any such damage will be substantially more serious than appeared to them at that earlier time.

at any time, it no longer appears F8. . . to be probable that further damage will occur to that property within the period of eighteen months beginning with that time; or

at any time after the end of the period of three years beginning with the relevant date, the claimant and any other person interested request the Corporation to revoke it.

a fresh notice of proposed remedial action relating to the damage (or so much of it as has not been made good by any emergency works or any excepted works within the meaning of section 16 above) shall be given by the Corporation to that person as soon as reasonably practicable after the date of the revocation;

any such notice of proposed remedial action which is effective immediately before that date shall cease to have effect on the giving of a fresh notice in accordance with paragraph (a) above; and

any schedule of remedial works relating to the damage which is effective immediately before that date shall cease to have effect when the schedule of remedial works sent under section 6(1) above in connection with the fresh notice of proposed remedial action comes into effect.

the date on which the stop notice was given; or

where one or more previous stop notices had been given in respect of the whole or any part of the damage, the date on which that notice or, as the case may be, the first of those notices was given.

a damage notice has been given to the Corporation in respect of subsidence damage to any property (“the original damage”); and

further subsidence damage to that property becomes evident in the circumstances mentioned in subsection (2) below.

the further damage becomes evident before the completion of remedial works or, in a case falling within section 8(4) above, before all sums in respect of which the Corporation are liable to make payments have been expended; and

at the time when it becomes evident, the Corporation have neither elected under section 10 above, nor become liable under section 11(1) above, to make a depreciation payment in respect of the damaged property.

a fresh damage notice shall be required if, and only if, before the further damage becomes evident, the Corporation have elected under section 8 above to make a payment in lieu under that section instead of executing any remedial works;

any notice affecting the required remedial action in respect of the original damage given before the further damage becomes evident shall cease to have effect and this Part shall apply as if that notice had not been given;

where a fresh damage notice is not required, a fresh notice of proposed remedial action relating to the combined damage shall be given by the Corporation to the claimant and any other person interested as soon as reasonably practicable after the further damage becomes evident;

any schedule of remedial works relating to the original damage sent to the claimant or any other person interested before the further damage becomes evident shall not take effect or (as the case may be) shall cease to have effect;

any stop notice given to any person with respect to the original damage shall have effect in relation to the combined damage as if there were specified in it as excepted works such works (if any) as may be specified in a notice given to that person by the Corporation; and

the references to remedial works in section 8(8) and (10) above shall not include any remedial works begun before the further damage becomes evident.

emergency works; or

works the execution of which is not reasonably practicable in all the circumstances of the case.

that paragraphs (a) to (e) of subsection (3) above shall not apply; and

that any such notice or schedule as is mentioned in paragraph (b) or (d) of that subsection shall have effect in relation to the combined damage with such modifications as may be so agreed.

is for the time being included in the Schedule of monuments compiled and maintained under section 1 of the M7Ancient Monuments and Archaeological Areas Act 1979;

has been notified to the Corporation by the Secretary of State as an ancient monument within the meaning of that Act for the time being under the care of the Secretary of State; or

is a listed building within the meaning of section 1 of the M8Planning (Listed Buildings and Conservation Areas) Act 1990, or F9section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, and is not of a description specified in an order made by the Secretary of State,

section 6(2)(a) above defined “remedial works” as such works as are necessary for the purpose of so restoring the property; and

section 10 above were omitted.

the F10Church CommissionersF10Diocesan Board of Finance for the diocese in which the land is situated shall be entitled, in addition to any other person who is so entitled, to give a damage notice; and

where any other such person is the claimant, the F10CommissionersF10Diocesan Board of Finance for the diocese in which the land is situated shall be treated as another person interested whether or not F11they giveF11it gives such a notice.

shall be made to the F10Church CommissionersF10Diocesan Board of Finance for the diocese in which the land is situated; and

shall be applied by F12themF12it for the purposes for which the proceeds of a sale of the property by agreement would be applicable under any enactment or Measure authorising, or disposing of the proceeds of, such a sale.

any payment under section 10 or 11 above would, apart from this subsection, fall to be made to a person whose interest in the property is held for religious purposes; and

a request for payment is made to the Corporation by or on behalf of the representative body,

a tenant for the purposes of Part I of the M9Landlord and Tenant Act 1927, the M10Agricultural Holdings Act 1986 or the M11Agricultural Holdings (Scotland) Act 1949;

a tenant under a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995;

a landholder for the purposes of the Small Landholders (Scotland) Acts 1886 to 1931; or

a crofter for the purposes of the M12Crofters (Scotland) Act 1955;

by reason of deterioration due to the subsidence damage in the condition of the dwelling-house, the dwelling-house cannot reasonably be rendered fit to be used as such; and

the dwelling-house is not used as such by or with the authority of the person who immediately before the deterioration in its condition was entitled to possession of it.

by reason of deterioration due to the subsidence damage in the condition of the dwelling-house, and having regard to the time which will be required to remedy that deterioration, the dwelling-house is not in a reasonably fit state for it to be used as such; and

the dwelling-house is not used as such by or with the authority of the person who immediately before the deterioration in its condition was entitled to possession of it.

the requirements of section 23(2) above are satisfied; and

notice of that fact is given to the Corporation by the person who immediately before the deterioration in the condition of the dwelling-house was entitled to possession of it (“the occupier”),

preventing or minimising the risk of the house or its contents suffering loss or damage while it is unoccupied; and

inspecting the house for the purpose of discovering whether any such loss or damage has occurred;

the making of claims for compensation under the regulations;

the descriptions of persons who may make a claim for such compensation;

the matters in respect of which, and any circumstances in which, such compensation is or is not to be payable; and

the sums, or the method of determining the sums, payable by way of such compensation.

any crops which would normally have been harvested before the subsidence damage became evident;

any crops which were or would have been sown or planted after an election by the Corporation under section 10 above to make a depreciation payment in respect of the damage; and

if all reasonable steps have not been taken to protect them, any crops grown in a greenhouse affected by the damage;

on the assumptions mentioned in subsection (3) below; and

on the further assumption that the displacement had been caused by the compulsory acquisition mentioned in paragraph (a) of that subsection,

that the land had been compulsorily acquired at the relevant time;

that the tenant had no greater interest in the land than as tenant for a year or from year to year; and

that the land had not been affected by the subsidence damage.

the payment were a depreciation payment; and

the relevant time in relation to the payment were the time immediately after the making of the claim.

the purchase of any blighted property at a price equivalent to its unblighted value; or

the payment of an amount equivalent to the difference between the value of any such property and its unblighted value.

the making of claims under the regulations and the descriptions of persons who may make them;

the descriptions of property in respect of which such claims may be made and the circumstances in which such property is to be regarded as blighted for the purposes of the regulations;

the circumstances in which action is or is not required to be taken (including the circumstances in which a person is to be regarded as suffering hardship);

the determination of the value or unblighted value of any blighted property.

which is used wholly or partly for the purposes of a small firm; and

as respects which one or more notices have been or should have been given F17. . . under section 46(1) below,

which falls within that period; and

in which any consequential loss resulting from the damage is suffered by the firm,

when the firm suffers any consequential loss resulting from the damage; or

if later, when the firm has such knowledge as is mentioned in subsection (4) (read with subsection (5)) of section 3 above,

any loss for which provision is made by section 27(2) or (3) above; or

any loss resulting from subsidence damage as respects which the Corporation’s remedial obligation is excluded by section 33(3) F21. . . below;

the damage to the moveable property had been attributable to the negligence of the Corporation; and

subject to subsection (2) below, liability for any consequential loss resulting from the damage were excluded.

the moveable property was used wholly or partly for the purposes of the firm; and

the property affected by subsidence damage was property as respects which one or more notices had been or should have been given F23. . . under section 46(1) below;

at the time when it was damaged, the property was on any land in circumstances such that its presence constituted a trespass to that land or, in Scotland, was on any land without lawful authority; or

the damage was wholly attributable to the fault of that person or any person in lawful possession of the property;

in relation to England and Wales, any chattel personal other than a thing in action or money;

in relation to Scotland, any corporeal moveable other than money;

as the result of an injury caused by the happening of subsidence damage, any person dies or is disabled (whether permanently or temporarily); and

apart from this section, no action to recover damages is maintainable in respect of the death or disablement.

the death had been attributable to the negligence of the Corporation; and

the persons by or on behalf of whom an action could have been brought against the Corporation for damages in respect of the death if it had been so attributable included any person who at the time of the death was, or but for the injury would have been, wholly or partly maintained by the deceased; and

the damages were claimed under the M17Fatal Accidents Act 1976 where the death resulted from an injury caused in England or Wales, or the M18F24Damages (Scotland) Act 1976F24Damages (Scotland) Act 2011 where the death resulted from an injury caused in Scotland.

at the time when that person incurred the injury he was on any land as a trespasser or, in Scotland, without lawful authority; or

the injury was wholly attributable to the fault of that person;

such a notice; and

a claim against the Corporation or a licensee of the Corporation for damages or compensation arising apart from this Act;

it is determined, whether by agreement or otherwise, that he is entitled to none of the relief claimed by the original notice or claim; or

that notice or claim is withdrawn before it is determined.

the working of minerals under or adjacent to any property; or

the leaving of minerals unworked for the support of any property,

take any remedial action; or

make any payment to, or make any living accommodation available to, any person under Part III of this Act,

for the purposes of, or for purposes connected with, the preparation and prosecution of his damage notice or claim; or

in the case of costs or expenses incurred by the claimant before the subsidence damage became evident, with a view to the possible preparation and prosecution of his damage notice.

in securing or attempting to secure the agreement or consent of any other person to the exercise by the Corporation of any such power as is mentioned in subsection (1)(a) of section 41 below; or

in pursuing an application under subsection (2) of that section.

substitute for the period specified in subsection (4) above (whether as originally enacted or as previously amended under this subsection) such other period as he thinks fit; or

direct that that subsection shall not apply in such circumstances as may be specified in the order.

require the Corporation to carry out any obligations imposed upon them by this Act within such period as the tribunal, court or person may direct;

award damages in respect of any failure of the Corporation to carry out any such obligations.

the agreement or consent of two or more persons is required for the Corporation to exercise any power conferred by section 5(3) or (5), 10(2)(b) or 33(2)(a) above; and

the Corporation have reached agreement with or obtained the consent of one or more, but not both or all, of those persons.

in the case of property in England and Wales, to a county court; or

in the case of property in Scotland, to the sheriff,

in the case of premises in England and Wales, a magistrates’ court on a complaint made by the Corporation;

in the case of premises in Scotland, the sheriff on an application so made,

the period of three years beginning with the earliest date on which the Corporation are in breach of their remedial obligation; and

the period allowed by section 3 above for giving a damage notice with respect to the damage (the period of six years beginning with the date given by subsection (3) of that section).

shall give to the owners or occupiers of any land which might be affected by subsidence as a result of the operations notice that there is a risk of their land being so affected; and

shall give notice that they have done so to any organisation appearing to them to be representative of those owners or occupiers.

any decision not to proceed with the proposed operations;

anything which gives the Corporation reason to believe that there is no longer any risk of the land being affected by subsidence; and

the discontinuance of any operations which have been carried on.

the contents and form of notices under this section;

the times at which and the manner in which such notices are to be given;

any information F35, forms and documents which are to accompany such notices.

references to land include references to any buildings, structures or works on, in or over land; and

references, in relation to any land, to the owners or occupiers include references to any person who is the owner or occupier of any part of the land or is liable to make good in whole or in part any subsidence damage affecting the land.

the contents and form of notices under this section;

the times at which such notices are to be given;

any information F37, forms and documents which are to accompany such notices.

secure that copies of all notices and other information received by them under this section are made available, at all reasonable times, for inspection by the public free of charge; and

provide facilities for obtaining copies of such documents on payment of a reasonable fee.

in relation to England F38. . ., the council of a district or non-metropolitan county;

in relation to Wales, the council of a county or county borough;

in relation to Scotland, a F40council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

specify the matters to be dealt with, and any particular information to be given, in any such report and the form in which any such report is to be made; and

require the Corporation to publish any such report in any specified manner.

to make different provision for different cases or classes of case; and

to make such supplementary, incidental, consequential or transitional provisions as the Secretary of State or the Ministers consider necessary or expedient.