# The Coal Mining Subsidence (Land Drainage) Regulations 1994, Regulation 5: Election by responsible person


(1) Subject to paragraph (2) below, after being informed by the appropriate drainage authority of the remedial measures that the responsible person is required to carry out in accordance with section 36(1) of the 1991 Act, the responsible person shall, as soon as reasonably practicable in the circumstances, give notice in writing to that authority stating that it has elected either—
(a) to carry out such measures itself, or
(b) to make a payment to that authority in pursuance of section 36(2).
(2) Where the responsible person and the appropriate drainage authority have not agreed upon the remedial measures in question, or any question regarding—
(i) the form which such measures are to take,
(ii) the timing of such measures, or
(iii) the reasonableness of such measures,
has been referred to arbitration or the Ministers in accordance with these Regulations, the requirement to give notice in accordance with paragraph (1) above shall not apply until such agreement has been reached or such question determined.
(3) Subject to regulation 6 below, an election made in accordance with paragraph (1) shall be binding on the responsible person, unless the appropriate drainage authority agrees otherwise.
(4) Where the responsible person has made an election to make a payment in accordance with paragraph (1)(b) above, the appropriate drainage authority shall—
(i) give notice in writing to the responsible person specifying particulars of the remedial measures which they intend to carry out or, where it is their intention to merge the carrying out of the measures with the execution of other works in accordance with section 36(2)(b) of the 1991 Act, particulars of such works, not less than 28 days before the measures or the works are begun; and—
(ii) so far as it is within their power to do so, afford the responsible person reasonable facilities for inspecting the area in which the measures or the works are to be carried out.

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Source: https://www.legislation.gov.uk/uksi/1994/3064/regulation/5 (the official version)
Page: https://openlegislation.uk/coal-mining-subsidence-land-drainage-regulations-1994/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.