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The Coal Mining Subsidence (Preventive Measures and Rates of Interest) Order 1991

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Statutory Instruments

1991 No. 2510

COAL INDUSTRY

The Coal Mining Subsidence (Preventive Measures and Rates of Interest) Order 1991

Made

4th November 1991

Laid before Parliament

8th November 1991

Coming into force

30th November 1991

The Secretary of State, in exercise of the powers conferred upon him by sections 35(1) and 52(3) of the Coal Mining Subsidence Act 1991(1) (hereafter referred to as “the Act”, and of all other powers enabling him in that behalf, hereby makes the following Order:–

Citation and commencement

1.  This Order may be cited as the Coal Mining Subsidence (Preventive Measures and Rates of Interest) Order 1991 and shall come into force on 30th November 1991.

Preventive measures

2.  Notices under section 2 of the Coal Industry Act 1975(2) published, or deemed to have been published, before 30th November 1991 shall, subject to section 35(2) of the Act, cease to have effect for the purposes of section 34 of the Act on 30th November 1992.

Rates of interest

3.  The rate of interest which is the applicable rate for the purposes of section 52(3) of the Act (definition of “applicable rate” is the rate for the time being prescribed under section 32 of the Land Compensation Act 1961(3) or, in relation to Scotland, section 40 of the Land Compensation (Scotland) Act 1963(4).

John Wakeham

Secretary of State for Energy

4th November 1991

Explanatory Note

(This note is not part of the Order)

This Order provides that notices of withdrawal of support under section 2 of the Coal Industry Act 1975 which were published, or deemed to have been published, before 30th November 1991 shall cease to have effect for the purposes of section 34 of the Coal Mining Subsidence Act 1991 (preventive measures in respect of new buildings etc.) on 30th November 1992, subject to the provisions of section 35(2) of the Act (land to which notices still to apply).

The Order also specifies, by reference to regulations made under section 32 of the Land Compensation Act 1961 (or, in relation to Scotland, section 40 of the Land Compensation (Scotland) Act 1963), rates of interest for the purposes of the definition of “applicable rate” in section 52(3) of the Coal Mining Subsidence Act 1991.

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