Coal Mining Subsidence Act 1991

1 (1) Subject to the provisions of this Schedule, if any person in occupation of the agricultural unit who has an owner’s interest— E+W+S

(a) is displaced from the whole, or a sufficient part, of the land affected by the subsidence damage (“the land affected”); and

(b) not more than three years after the date of displacement, begins to farm another agricultural unit (“the new unit”) elsewhere in Great Britain,

he shall be entitled to receive a payment (a “farm loss payment”) from the Corporation.

(2) In sub-paragraph (1) above “owner’s interest” means a freehold interest or a tenancy where his interest is as tenant for a year or from year to year or a greater interest and “sufficient part” means not less than 0.5 hectares or such area as the Secretary of State may by order specify.

(3) No farm loss payment shall be made to any person unless on the date on which he begins to farm the new unit he is in occupation of the whole of that unit in right of a freehold interest in it or a tenancy of it, not having been entitled to any such interest or tenancy before the date of displacement.

(4) No farm loss payment shall be made to any person who is entitled to a payment under section 28 of this Act in respect of land which consists of or includes the land from which he was displaced.

(5) In the application of this paragraph to Scotland, references to a freehold interest in land are references to—

(a) [F1 an interest as infelt proprietor of][F1 a right as proprietor with completed title to] the land;

(b) a right to the land without a completed title; or

(c) in the case of land subject to a heritable security constituted byex facie absolute disposition, an interest as the debtor in the security, except where the creditor is in possession of the land[F2 ,

but do not include references to an interest as a superior only. ]

Textual Amendments

F1 Words in Sch. 6 para. 1(5)(a) substituted (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 54(5)(a) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F2 Words in Sch. 6 para. 1(5) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 54(5)(b), 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

Commencement Information

I1 Sch. 6 para. 1 wholly in force at 30. 11. 1991 see s. 54(2) and S.I. 1991/2508, art. 2