OpenLegislation

Section 9 Special provisions as to ancient monuments, etc.

England, Wales and Scotland

F1(1)

This section shall apply in relation to any subsidence damage where the damaged property is—

(a)

for the time being included in the Schedule of monuments compiled and maintained under section 1 of the M1Ancient Monuments and Archaeological Areas Act 1979; or

(b)

notified to the F2Corporationby the Secretary of State as an ancient monument within the meaning of that Act for the time being under the care of the Secretary of State

(c)

a building notified to the Corporationby the F3Secretary of State as being in his opinion of outstanding historic or architectural interest.

(2)

If and so far as, having regard to the nature and extent of the subsidence damage, it is practicable and in the public interest so to restore the damaged property to a condition comparable to its condition at the date immediately before the subsidence damage occurred as to maintain the historic, architectural, archaeological or other special interest attaching thereto at that date, then, for the purposes of remedial works in connection with that property, that property shall not be deemed to be reasonably fit for the purposes mentioned in subsection (2) of section one of this Act unless it has been so restored.

(3)

Any dispute arising under the last foregoing subsection as to whether or how far it is practicable or in the public interest to restore any property as mentioned in that subsection shall be determined by the Secretary of State.

Annotations

Textual amendments

F1

S. 9 (1)(a)(b)substituted by Ancient Monuments and Archaeological Areas Act 1979 (c. 46), s. 65(2), Sch. 4 para. 4

F2

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

F3

Words substituted by virtue of S.I. 1962/1549, art. 2(1), 1966/692, arts. 4, 5(1)(a), 1969/358, arts. 4(1)(b), 5(3) and 1970/1681, arts. 2(1), 6(3)

Marginal citations

M1

1979 c. 46.

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Act repealed (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 53(2), Sch.8 (with Sch. 7); S.I. 1991/2508, art.2.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Act repealed (30.11.1991) by Coal Mining (Subsidence) Act 1991 (c. 45, SIF 86), s. 53(2), Sch. 8 (with Sch. 7); S.I. 1991/2508, art. 2