The Coal Mining Subsidence (Blight and Compensation for Inconvenience During Works) Regulations 1994

Interpretation

2.—(1) In regulations 3 and 4, unless the context otherwise requires—

• “the responsible person” means, in relation to a dwelling-house—

  (a)

  where the dwelling-house has been affected by subsidence damage, the person who, by virtue of sections 43 and 44 of the Coal Industry Act 1994, is the responsible person in relation to that damage;

  (b)

  where there is a reasonable probability of subsidence damage as mentioned in paragraph (2)(b) below, the person who would be the person referred to in sub-paragraph (a) above in relation to that damage if it did occur;

• “unblighted value” means, in relation to an interest in a dwelling-house, the price for which that interest could reasonably be expected to be sold if the dwelling-house was not affected, or there was no reasonable probability that it would be affected, by subsidence damage to which a stop notice as mentioned in paragraph (2) below applies or would apply.

(2) A dwelling-house is blighted for the purposes of regulations 3 and 4 if—

(a) it has been affected by subsidence damage and either a stop notice in respect of that damage is in force or there is a reasonable probability that such a notice will be given; or

(b) there is a reasonable probability that the dwelling-house will be affected by subsidence damage within nine months and that a stop notice will be given in respect of that damage.