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Section 52: Interpretation etc.

Coal Mining Subsidence Act 1991 · 1991 c. 45View on legislation.gov.uk

Part V: Supplemental

In this Act, unless the context otherwise requires—

in relation to England and Wales, have the meanings given by section 109 of the Agriculture Act 1947;
in relation to Scotland, have the meanings given by section 86 of the Agriculture (Scotland) Act 1948;
in relation to England and Wales, has the meaning given by section 171(1) of the Town and Country Planning Act 1990;
in relation to Scotland, has the meaning given by section 196(1) of the Town and Country Planning (Scotland) Act 1972;
in relation to England and Wales, means any building or part of a building used wholly or partly as a private dwelling, together with any yard, garden, outhouses and appurtenances belonging to or usually enjoyed with that building or part;
in relation to Scotland, means a house including any part of a building, being a part which is occupied or intended to be occupied as a separate dwelling, and including, in particular, any flat, together with any yard, garden, outhouses and pertinents belonging to and usually enjoyed with the house;
in relation to any real property in England and Wales, means the lessee under the ground lease if it is held on such a lease, and the owner of the fee simple if it is not;
in the case of any heritable property in Scotland, means the proprietor of thedominium utile if the property is feudal property, and the owner of the property if it is not;
any persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power; and
any of the following, namely, any licence holder within the meaning of the Electricity Act 1989, any public gas supplier, any water or sewerageundertaker, the Environment Agency, the Natural Resources Body for Wales, any electronic communications code operator, any former PTO, any universal service provider in connection with the provision of a universal postal service, the Civil Aviation Authority , any person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) and any relevant airport operator within the meaning of Part V of the Airports Act 1986;

  • "agriculture", "agricultural" and "agricultural land"—

  • "agricultural unit"—

  • "the appropriate tribunal" means—in relation to England and Wales, the Upper Tribunal;in relation to Scotland, the Lands Tribunal for Scotland;

  • "claim" means a claim in writing;

  • "the claimant" and "any other person interested" have the meanings given by section 3(6) above;

  • "coal" has the same meaning as in Part I of the Coal Act 1938;

  • "the Corporation" means the British Coal Corporation;

  • "damage notice" has the meaning given by section 3(2) above;

  • "depreciation payments" has the meaning given by section 2(5)(b) above;

  • "dwelling-house"—

  • "emergency works" has the meaning given by section 12(1) above;

  • "ground lease" means a lease for building purposes at a rent (or, where the rent varies, at a maximum rent) which does not substantially exceed the rent which a tenant might reasonably have been expected, at the date when the lease was granted, to pay for the land comprised in the lease, excluding any buildings, for a term equal to the term created by the lease;

  • "housing clearance powers" means Part IX of the Housing Act 1985 (slum clearance) or Part VI of the Housing (Scotland) Act 1987 (closing and demolition orders);

  • ...

  • "notice" means notice in writing and "notify" shall be construed accordingly;

  • "notice of proposed remedial action" has the meaning given by section 4(4) above;

  • "owner"—

  • "payments in lieu" has the meaning given by section 2(5)(a) above;

  • "prescribed" means prescribed by regulations made by the Secretary of State;

  • "remedial obligation" has the meaning given by section 2(3) above;

  • "remedial works" has the meaning given by subsection (2) of section 6 above (subject to subsection (7) of that section);

  • "request" means a request in writing;

  • "schedule of remedial works" has the meaning given by section 6(8) above;

  • "statutory undertakers" means—

  • "stop notice" has the meaning given by section 16(4) above;

  • "structure" includes any works providing passage or hard standing for persons, animals or vehicles (including railway or tramway vehicles and aircraft);

  • "subsidence damage" has the meaning given by section 1 above;

References in this Act, in relation to any damage, to a notice affecting the required remedial action in respect of the damage are references to—

any notice of proposed remedial action with respect to that damage; and
any notice with respect to a decision by the Corporation to make or revoke an election to take in respect of that damage any remedial action other than that indicated in any such notice as is mentioned in paragraph (a) above.

References in this Act, in relation to any interest payable by the Corporation, to the applicable rate are references to such rate as may from time to time be prescribed by order made by the Secretary of State; and an order under this subsection—

may apply different rates in relation to different periods;
may include provision for a nil rate to apply in relation to any period; and
may fix any rate by specifying it or by applying any rate for the time being applicable for any other purpose (whether statutory or otherwise).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.