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Paragraph 1

England, Wales and Scotland

For the purposes of determining under subsection (4) of section one of this Act the amount of the depreciation in the value of any property affected by subsidence damage which is caused by that damage, the unit of property to be taken into account shall be—

(a)

where any property which has suffered subsidence damage constitutes or is comprised in F1a rating unit, that rating unita dwelling house, that dwelling house; and

F2(aa)

where any other property which has suffered subsidence damage is a relevant non-domestic hereditament for the purposes of Part III of the Local Government Finance Act 1988, that hereditament; and

(b)

in any other case, such unit consisting of or comprising property which has suffered subsidence damage as may be determined by agreement between the F3Corporationand all persons entitled to serve a damage notice in respect of that damage or, in default of such agreement, in the manner provided by section thirteen of this Act, to be equitable in all the circumstances of the case:

Provided that F4a rating unit and property not included in any rating unittwo or more units of property may, if it is determined as aforesaid to be equitable so to do, be treated for the purposes aforesaid as a single unit of property, and two or more rating units within the same curtilage and belonging to the same owner, or a rating unit part only of which has suffered subsidence damage, may in either case be treated for the purposes aforesaid either—

(i)

as a single unit of property; or

(ii)

as consisting of such separate units of property as may be determined as aforesaid to be equitable in all the circumstances of the case,

as may be so determined.

Annotations

Textual amendments

F1

Sch. 2 para. 1 in sub-paragraph (a), for “a rating unit, that rating unit” there is substituted (E.W.) “a dwelling house, that dwelling house” by S.I. 1990/776, art. 8, Sch. 3 para. 7(a)

F2

Sch. 2 para. 1 (aa) inserted (E.W.) by S.I. 1990/776, art. 8, Sch. 3 para. 7(b)

F3

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

F4

Sch. 2 para. 1 in the proviso for “a rating unit and property not included in any rating unit” there is substituted (E.W.) “two or more units of property”, and “rating”; wherever that word subsequently occurs is repealed (E.W.) by S.I. 1990/776, art. 8, Sch. 3 para. 7(c)

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