Section 4 Powers of Corporation with respect to preventive works.

England, Wales and Scotland

(1)

Where it appears to the F1Corporationthat subsidence damage is likely to occur to any building or structure or to any such works as are mentioned in paragraph (a) or (b) of subsection (1) of section one of this Act, being a building, structure or works for the time being in existence, and that the execution of certain works (in this section referred to as “preventive works”) on that property, or on that property and some other property which would benefit from those preventive works, would prevent the occurrence or reduce the extent of such damage, they may—

(a)

with the consent of all persons who are owners of any property on which the preventive works would fall to be executed or who would be liable to make good in whole or in part subsidence damage to any of that property, execute the preventive works; or

(b)

upon undertaking to pay any cost reasonably incurred in the execution of the preventive works, require their execution by the owner of the property on which they would fall to be executed or any other person who would be liable as aforesaid in respect thereof.

(2)

If in the case of any property any person unreasonably withholds his consent to the execution of preventive works thereon by the Corporationunder this section or unreasonably fails to comply with any requirement to execute such works made by the Corporationunder this section, and subsidence damage subsequently occurs to the property, then—

(a)

if the damage could have been prevented by the execution of the preventive works, the Corporationshall not be required to execute any works or make any payment under subsections (2) to (5) of section one of this Act in respect of that damage;

(b)

if the extent of the damage could have been reduced by the execution of the preventive works, the Corporationshall not be liable under the said subsections (2) to (5) to execute, or make any payment in respect of the execution of, any works which would not have been required if the preventive works had been executed;

(c)

if the property is a dwelling-house, the person aforesaid shall not be entitled to serve a notice in respect thereof under paragraph 4 of the First Schedule to this Act nor to receive any relief under that Schedule:

Provided that—

(i)

where different consents are required in respect of different parts of any property, those different parts shall be treated as different properties for the purposes of this subsection;

(ii)

paragraphs (a) and (b) of this subsection shall not apply in the case of a failure to comply with a requirement under this section if the failure is the result of an express refusal to comply or permit compliance by one or more, but not both or all, of two or more persons whose compliance or permission is necessary;

(iii)

the withholding by any person of consent to the execution of preventive works on any property by the Corporationshall not be deemed to be unreasonable in a case which, if those works were remedial works consequent upon subsidence damage to that property, would fall within paragraph (i), (ii) or (iii) of subsection (3) of section one of this Act.

(3)

Where in the case of any property the consent of two or more persons is required for the execution of preventive works by the Corporationunder this section and such consent has been withheld by one or more, but not both or all, of those persons, then, if it appears to a county court or, where the property is situated in Scotland, to the sheriff, on an application made by any of those persons or by the Corporation, that any of those consents has been withheld unreasonably, the court or the sheriff may order that this section shall have effect as if that consent had been given.

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