Coal Mining Subsidence Act 1991

10 Discretionary depreciation payments

(1) In any case to which this section applies the Corporation may elect to make a payment equal to the amount of the depreciation in the value of the damaged property caused by the damage (“the depreciation amount”) instead of executing any remedial works or making any payment in lieu.

(2) This section applies to the following cases—

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

(b) 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;

(c) where the property is a dwelling-house and it appears to the Corporation 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.

(3) The Secretary of State may by order substitute for the percentage specified in subsection (2)(a) above (whether as originally enacted or as previously amended under this subsection) such other percentage as he thinks fit; and an order under this subsection may provide for different percentages to apply in relation to different descriptions of property.

(4) An election under this section, and any revocation of such an election, shall be made by a notice given to the claimant and any other person interested.

(5) References in this section and section 11 below to the service of a notice to treat are references to—

(a) the service of such a notice under section 5 of the [1965 c. 56.] Compulsory Purchase Act 1965; or

(b) the service or deemed service of such a notice under section 17 of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845.