Regulation 4 Provision of assistance
The Subsidence Adviser shall have the function of assisting persons, other than responsible persons, with a complaint of a kind to which this regulation applies by—
investigating the complaint; and
providing advice as to the courses of action available to them pending the outcome of his investigation.
A complaint is of a kind to which this regulation applies if it is a complaint made to a responsible person that he—
has consistently failed to comply with subsidence requirements;
in the course of complying with a subsidence requirement has caused damage or an unreasonable degree of inconvenience to any person; or
has been guilty of unreasonable delay in taking any step required to be taken by him under the subsidence requirements or has otherwise been guilty of maladministration in the discharge of his obligations under those requirements
and it does not constitute a question referred by the complainant to the Lands Tribunal or to arbitration under section 40 of the 1991 Act or section 47 of the 1994 Act.
On the notification to the Subsidence Adviser by or on behalf of the complainant of a complaint of a kind to which this regulation applies the Subsidence Adviser shall determine in accordance with paragraph (4) below whether it is appropriate for him to investigate the complaint.
In making his determination, the Subsidence Adviser shall take into account such matters as he thinks fit including, without prejudice to the generality of the foregoing—
the seriousness of the complaint;
where the responsible person against whom the complaint is made has a procedure for the resolution of complaints against it, whether that procedure has been invoked or exhausted; and
where the complainant has the right to refer the matter as a question to the Lands Tribunal or to arbitration, whether it would be reasonable in the circumstances to expect him to exercise that right.
If the Subsidence Adviser determines that it is appropriate for him to investigate the complaint, he shall—
notify the complainant of his determination;
notify the responsible person to whom the complaint relates of the the fact that he is investigating it;
consider any representations made by that person and any further representations made by the complainant; and
subject to sub-paragraphs (a) to (c) above, investigate the complaint in such manner as he considers appropriate.
If at any time during his investigation of a complaint the Subsidence Adviser determines that it is no longer appropriate for him to investigate it he shall discontinue the investigation and notify the complainant and the responsible person.