Paragraph 3

England, Wales and Scotland

(1)

Subject to the two following sub-paragraphs, the obligations of the F1Corporationtowards any resident under sub-paragraph (1) of the last foregoing paragraph shall cease, notwithstanding that the period of dispossession has not expired—

(a)

if the occupier has ceased (otherwise than by reason of his death) to be entitled to possession of, or, as the case may be, of the site of, the dwelling-house; or

(b)

on the expiration of a period of six months from the service by the Corporationon the resident in question of notice in writing of the opinion of the Corporationthat the period of dispossession will continue indefinitely or that the said period will be unreasonably long or that the resident in question will not resume residence at or on the site of the dwelling-house at the expiration of that period.

(2)

Where a damage notice has been served in respect of the dwelling-house, the Corporationshall not be entitled to serve a notice under sub-paragraph (b) of the foregoing sub-paragraph on the grounds that the period of dispossession will continue indefinitely or will be unreasonably long—

(a)

unless the Corporationhave elected to make a payment in respect of the dwelling-house under subsection (3) or subsection (4) of section one of this Act; or

(b)

while a notice under subsection (2) of section three of this Act is in force with respect to the dwelling-house.

(3)

Any person upon whom a notice under the said paragraph (b) is served may apply to the county court or, where the dwelling-house is situated in Scotland, to the sheriff, and the court or sheriff, if satisfied that there are not reasonable grounds for the opinion of the Corporation, may declare the notice to be of no effect.

Annotations

Textual amendments

F1: Word substituted by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(1)(2), Sch. 1 para. 5(b)

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F1: Act repealed (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 53(2), Sch.8 (with Sch. 7); S.I. 1991/2508, art.2.
F2: Act repealed (30.11.1991) by Coal Mining (Subsidence) Act 1991 (c. 45, SIF 86), s. 53(2), Sch. 8 (with Sch. 7); S.I. 1991/2508, art. 2