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Changes over time for: Section 40


Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 01/06/2009.
Changes to legislation:
There are currently no known outstanding effects for the Coal Mining Subsidence Act 1991, Section 40.

Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
40 Disputes: general.E+W+S
(1)Except as otherwise provided by or under this Act, any question arising under this Act shall, in default of agreement, be referred to and determined by the [appropriate tribunal].
(2)Where in any proceedings under this Act the question arises whether any damage to property is subsidence damage, and it is shown that the nature of the damage and the circumstances are such as to indicate that the damage may be subsidence damage, the onus shall be on the Corporation to show that the damage is not subsidence damage.
(3)The tribunal, court or other person by whom any question is heard and determined under this Act may make such orders as may be necessary to give effect to its or his determinations and in particular may by order—
(a)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;
(b)award damages in respect of any failure of the Corporation to carry out any such obligations.
Textual Amendments
Modifications etc. (not altering text)
Commencement Information
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