Coal Mining Subsidence Act 1991

21 Property belonging to protected tenants. E+W+S

(1) Where property belonging to a protected tenant is affected by subsidence damage, Schedule 3 to this Act (which provides for the protected tenant to be treated, in certain circumstances, as a person liable to make good the damage in whole or in part) shall apply if, apart from the provisions of that Schedule, neither the protected tenant nor any other person would be liable to make good the damage in whole or in part.

(2) For the purposes of this section and Schedule 3 to this Act, property affected by subsidence damage belongs to a protected tenant if he would have been entitled under any enactment contained in the relevant Act or Acts to remove the property, or to be paid compensation in respect of it by his landlord, if his tenancy had terminated immediately before the damage occurred.

(3) In this section and Schedule 3 to this Act “protected tenant” means a person who is—

(a) a tenant for the purposes of Part I of the M1 Landlord and Tenant Act 1927, the M2 Agricultural Holdings Act 1986 or the M3 Agricultural Holdings (Scotland) Act 1949;

[F1 (aa) a tenant under a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995;]

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

(c) a crofter for the purposes of the M4 Crofters (Scotland) Act 1955;

and references, in relation to a protected tenant, to the relevant Act or Acts shall be construed accordingly.

Textual Amendments

F1 S. 21(3)(aa) inserted (1.9.1995) by 1994 c. 21, ss. 40, 41(2), Sch. para. 36 (with s. 37)

Commencement Information

I1 S. 21 wholly in force at 30.11.1991 see s. 54(2) and S.I. 1991/2508, art. 2

Marginal Citations

M1 1927 c. 36.

M2 1986 c. 5.

M3 1949 c. 75.

M4 1955 c. 21.