Section 1 Duty of National Coal Board in respect of subsidence damage.

to a building or structure or to any of the following works, that is to say, any sewer or drain situated in a building or structure which it serves and any pipes, wires or other fixed apparatus installed in a building or structure for the purpose of providing gas, electricity, water, heating or telephone services for use in that building or structure, and any fixed apparatus (other than pipes or wires) installed outside, but within the curtilage of, a building or structure for the purpose of supplying any such service as aforesaid to that building or structure for use therein; or

to works of the following descriptions, that is to say, sewers, drains, and any pipes or wires for the supply of gas, electricity, water, heating, telephone or other comparable services, being either works situated outside any building or structure or works in the nature of mains situated in a building or structure in which they neither begin nor end; or

to any land, not being damage to that land only as the site of an existing building or structure or of existing works such as are mentioned in the two foregoing paragraphs and being damage such as to affect the fitness of that land for use for the purposes mentioned in the next following subsection,

damage caused in connection with the working and getting of coal and other minerals where the working and getting of the coal was ancillary to the working of those other minerals; or

damage caused in connection with the working and getting of coal or of coal and other minerals by virtue of the grant of a gale in the Forest of Dean or any other part of the Hundred of St. Briavels in the county of Gloucester.

to make a payment equal to the cost reasonably incurred by any other person in executing remedial works; or

in a case where it is proposed to merge the execution of other works in connection with the damaged property with the execution of any remedial works or to redevelop, instead of executing remedial works in connection with, the damaged property, to make payments equal to any sums from time to time shown to have been expended by any other person in executing the merged works or, as the case may be, the redevelopment works up to an aggregate amount equal to the expenditure which it is estimated would have been incurred by the Corporationor by any other person, whichever estimate is the less, in executing remedial works in connection with the damaged property;

where the damaged property is a F3highway maintainable or repairable by the inhabitants at large or a highway in Scotland managed and maintained by the Secretary of State or by a F4regional or islands councilpublic road (within the meaning of the Roads (Scotland) Act 1984; or

in any case where the execution of remedial works falls within a duty with respect to the damaged property imposed by virtue of any enactment on a government department, local authority or statutory undertakers in connection with the maintenance of public services; or

where it is certified by the Minister, on an application made to him by any other person or of his own motion, that in his opinion it is not in the public interest that the Corporation should themselves execute the remedial works,

the reasonable cost of executing remedial works would, in the opinion of the F5Corporation, exceed the amount of the depreciation in the value of the property caused by the damage; or

the property is a dwelling-house and it appears to the Corporation that a notice to treat for the compulsory purchase thereof is likely to be served under F6Part IX of the Housing Act 1985or F7Part III of the M1Housing (Scotland) Act 1950Part IV and VI of the Housing (Scotland) Act 1987(which relate to clearance and redevelopment) in such circumstances that compensation payable for the purchase will fall, but if the subsidence damage had not occurred would not have fallen, to be assessed subject to F8section 587 of the said Act of 1985 or, as the case may be, F9subsection (2) of section thirty-six of the said Act of 1950paragraph 12(2) of Schedule 8 to the said Act of 1987(which provide for compensation by reference to site value); or

the property is a dwelling-house and it appears to the Corporation that a clearance order under F10the said Part IIIis likely to be made in respect thereof in such circumstances that the making of the clearance order will be attributable to the subsidence damage,

the unit of property to be taken into account for the purposes of subsection (4) of this section as being affected by subsidence damage;

the amount of the depreciation in the value of any such unit caused by the damage; and

the persons who are to receive any payments made under subsection (3), (4) or (5) of this section.