Schedule 1 MODIFICATIONS TO BE TREATED AS IF THEY HAD COME INTO FORCE ON 31ST OCTOBER 1994

In the proviso to section 43(1), after the words “Coal–Mining (Subsidence) Act 1957” there shall be inserted the words “or a notice served under section 16 of the Coal Mining Subsidence Act 1991”^f4; and for the words after “other than” there shall be substituted the following words—

“(a)

in relation to a notice served under the said section 3, emergency works (as defined in section 1(5) of that Act of 1957) or other works specified in that notice; or

(b)

in relation to a notice served under the said section 16, emergency works (as defined in section 12(1) of that Act of 1991) or other works specified in that notice.”.

In section 5(4), after the words “Coal–Mining (Subsidence) Act 1957” there shall be inserted the words “or a notice served under section 16 of the Coal Mining Subsidence Act 1991”^f5; and for the words after “unless” there shall be substituted the following words—

“(a)

in relation to a notice served under the said section 3, the works are specified in that notice or are emergency works within the meaning of section 1(5) of that Act of 1957; or

(b)

in relation to a notice served under the said section 16, the works are specified in that notice or are emergency works within the meaning of section 12(1) of that Act of 1991.”.

In section 19(4), in paragraph (a), after the words “Coal–Mining (Subsidence) Act 1957” there shall be inserted the words “or a notice served under section 16 of the Coal Mining Subsidence Act 1991”; and for the words after “unless” there shall be substituted the following words—

“(a)

in relation to a notice served under the said section 3, the works are specified in that notice or are emergency works within the meaning of section 1(5) of that Act of 1957; or

(b)

in relation to a notice served under the said section 16, the works are specified in that notice or are emergency works within the meaning of section 12(1) of that Act of 1991.”;

in paragraph (b)(i), for the words after the first reference to the British Coal Corporation^f6 there shall be substituted the words “or a responsible person (within the meaning of the Coal Industry Act 1994) in respect of coal mining subsidence damage (such claim being made otherwise than under the Coal–Mining (Subsidence) Act 1957 or the Coal Mining Subsidence Act 1991), liability for which has been admitted;”^f7;

in paragraph (b)(ii), after the reference to the British Coal Corporation^f8 there shall be added the words “, the Coal Authority or a licensed operator (within the meaning of the Coal Industry Act 1994)”^f9; and

in the words at the end of subsection (4), after the reference to the British Coal Corporation^f10 there shall be added the words “, the Coal Authority or the aforesaid responsible person or licensed operator as appropriate”.

In section 27(4), after the words “Coal–Mining (Subsidence) Act 1957” there shall be inserted the words “or a notice served under section 16 of the Coal Mining Subsidence Act 1991”^f11; and for the words after “unless” there shall be substituted the following words—

“(a)

in relation to a notice served under the said section 3, the works are specified in that notice or are emergency works within the meaning of section 1(5) of that Act of 1957; or

(b)

in relation to a notice served under the said section 16, the works are specified in that notice or are emergency works within the meaning of section 12(1) of that Act of 1991.”.