Paragraph 2

England, Wales and Scotland

(1)

Subject to the provisions of this Schedule, in the case of any person ordinarily resident in the dwelling-house during the period immediately preceding the occurrence of the subsidence damage (hereinafter in this Schedule referred to as a “resident”) the F1Corporationshall so long as the period of dispossession lasts be under an obligation at all times—

(a)

to make available alternative living accommodation which—

(i)

is of a standard comparable to the general standard of the housing accommodation under the management of F2the local housing authority within the meaning of the Housing Act 1985, or, as the case may be F3the local authority, for the purposes of F4F5Part VIIPart Iof the M1Housing (Scotland) Act 19661987, for the area in which the dwelling-house is situated; and

(ii)

is otherwise reasonable having regard to all the circumstances, including the probable duration of the period of dispossession; or

(b)

as respects any of the first thirty days of the period of dispossession during which such alternative living accommodation as aforesaid is not made available, to pay to the resident in question the amount, if any, by which the aggregate expenditure reasonably incurred by him by way of rent, rates, food, living accommodation, heating, light and other household expenses exceeds what it would have been if the subsidence damage had not occurred and he had continued to reside in the dwelling-house; or

(c)

as respects any other part of the period of dispossession during which such alternative living accommodation as aforesaid is not made available, to pay to the resident in question the amount aforesaid or the amount which would be payable by way of rent for accommodation equivalent to such alternative living accommodation as aforesaid whichever amount is the less:

Provided that the Corporationshall not be under any obligation under this sub-paragraph in respect of any part of the period of dispossession during which, irrespective of the subsidence damage, the resident in question would not have been residing at the dwelling-house.

(2)

Where the Corporationare under an obligation towards a resident by virtue of the foregoing sub-paragraph, the Corporationshall also be under an obligation with respect to the contents of the dwelling-house to provide, or to pay to that resident any expenditure reasonably incurred by him in providing, for any removal or storage thereof reasonably required during the period of dispossession as a result of the subsidence damage and any removal thereof reasonably required as a result of the termination of the Corporation’s obligations towards that resident under the foregoing sub-paragraph:

Provided that the Corporationshall not be under any obligation under this sub-paragraph in respect of the contents of any part of the dwelling-house which, immediately before the occurrence of the subsidence damage, was not used for the purposes of a private dwelling and the said obligations shall not extend to storage in or removal to any place outside Great Britain.

(3)

Subject to the provisions of sub-paragraph (2) of paragraph 4 of this Schedule, and without prejudice to their liability under the two foregoing sub-paragraphs in respect of any part of the period of dispossession falling before the making of their election, the Corporationmay elect which of the courses open to them under the two foregoing sub-paragraphs they will for the time being adopt in any particular case.

Annotations

Textual amendments

F1: Word substituted by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(1)(2), Sch. 1 para. 5(b)
F2: Words substituted by virtue of Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 2(3)(a)
F3: Words inserted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 2(3)(a)
F4: Words substituted by virtue of Housing (Scotland) Act 1966 (c. 49), s. 212(5)
F5: Sch. 1 (2)(1)(a) in para 2(1)(a) for the words “Part VII” and “1966” there are substituted (S.) the words “Part I” and “1987” respectively by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 339, Sch. 23 para. 7(3)

Marginal citations

M1: 1966 c. 49.

Notes on the whole Act

Textual amendments

F1: Act repealed (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 53(2), Sch.8 (with Sch. 7); S.I. 1991/2508, art.2.
F2: Act repealed (30.11.1991) by Coal Mining (Subsidence) Act 1991 (c. 45, SIF 86), s. 53(2), Sch. 8 (with Sch. 7); S.I. 1991/2508, art. 2