PART III continued
(1) It shall be the duty of the Corporation to revoke any stop notice relating to any damage to any property if—
(a) at any time, it no longer appears to the Corporation to be probable that further damage will occur to that property within the period of eighteen months beginning with that time; or
(b) at any time after the end of the period of three years beginning with the relevant date, the claimant and any other person interested request the Corporation to revoke it.
(2) Where a stop notice has been given with respect to any damage, it shall be the duty of the Corporation to consider, initially not later than twelve months after the date on which the notice was given and subsequently at intervals not exceeding twelve months, whether to revoke it.
(3) Where a stop notice given to any person with respect to any damage is revoked—
(a) a fresh notice of proposed remedial action relating to the damage (or so much of it as has not been made good by any emergency works or any excepted works within the meaning of section 16 above) shall be given by the Corporation to that person as soon as reasonably practicable after the date of the revocation;
(b) any such notice of proposed remedial action which is effective immediately before that date shall cease to have effect on the giving of a fresh notice in accordance with paragraph (a) above; and
(c) any schedule of remedial works relating to the damage which is effective immediately before that date shall cease to have effect when the schedule of remedial works sent under section 6(1) above in connection with the fresh notice of proposed remedial action comes into effect.
(4) In subsection (1)(b) above “the relevant date”, in relation to a stop notice, means—
(a) the date on which the stop notice was given; or
(b) where one or more previous stop notices had been given in respect of the whole or any part of the damage, the date on which that notice or, as the case may be, the first of those notices was given.
(5) The Secretary of State may by order substitute for the period mentioned in subsection (1)(b) above (whether as originally enacted or as previously amended under this subsection) such other period as he thinks fit.
(6) On any occasion when in pursuance of subsection (2) above the Corporation consider whether to revoke a stop notice they shall give notice of their decision to the person to whom the stop notice was given as soon as they have made it.
(1) This section applies where—
(a) a damage notice has been given to the Corporation in respect of subsidence damage to any property (“the original damage”); and
(b) further subsidence damage to that property becomes evident in the circumstances mentioned in subsection (2) below.
(2) The circumstances referred to in subsection (1)(b) above are that—
(a) the further damage becomes evident before the completion of remedial works or, in a case falling within section 8(4) above, before all sums in respect of which the Corporation are liable to make payments have been expended; and
(b) at the time when it becomes evident, the Corporation have neither elected under section 10 above, nor become liable under section 11(1) above, to make a depreciation payment in respect of the damaged property.
(3) In any case to which this section applies the original damage and the further damage shall be treated as one (“the combined damage”) and, subject to subsection (5) below—
(a) a fresh damage notice shall be required if, and only if, before the further damage becomes evident, the Corporation have elected under section 8 above to make a payment in lieu under that section instead of executing any remedial works;
(b) any notice affecting the required remedial action in respect of the original damage given before the further damage becomes evident shall cease to have effect and this Part shall apply as if that notice had not been given;
(c) where a fresh damage notice is not required, a fresh notice of proposed remedial action relating to the combined damage shall be given by the Corporation to the claimant and any other person interested as soon as reasonably practicable after the further damage becomes evident;
(d) any schedule of remedial works relating to the original damage sent to the claimant or any other person interested before the further damage becomes evident shall not take effect or (as the case may be) shall cease to have effect;
(e) where a fresh schedule of remedial works relating to the combined damage satisfies the requirements of subsection (4) below—
(i) subsections (3) and (4) of section 6 above shall not apply; and
(ii) subsection (5)(a) of that section shall have effect as if for sub-paragraphs (i) and (ii) there were substituted a reference to the date on which the schedule is sent to the claimant or any other person interested;
(f) any stop notice given to any person with respect to the original damage shall have effect in relation to the combined damage as if there were specified in it as excepted works such works (if any) as may be specified in a notice given to that person by the Corporation; and
(g) the references to remedial works in section 8(8) and (10) above shall not include any remedial works begun before the further damage becomes evident.
(4) A fresh schedule of remedial works relating to the combined damage satisfies the requirements of this subsection if the aggregate amount of the costs specified in that schedule does not exceed, by more than 20 per cent., the aggregate amount of the costs specified in any schedule of remedial works to which subsection (3)(d) above applies.
(5) It shall be the duty of the Corporation to specify in a notice under subsection (3)(f) above such works (if any) as are required in order to render the damaged property reasonably fit to be used for the purposes for which it was used immediately before the original damage became evident, not being—
(a) emergency works; or
(b) works the execution of which is not reasonably practicable in all the circumstances of the case.
(6) In any case to which this section applies it may be agreed between the Corporation, the claimant and any other person interested—
(a) that paragraphs (a) to (e) of subsection (3) above shall not apply; and
(b) that any such notice or schedule as is mentioned in paragraph (b) or (d) of that subsection shall have effect in relation to the combined damage with such modifications as may be so agreed.
(7) This section is without prejudice to any liability of the Corporation in respect of the cost of any works executed before the further damage becomes evident.
(8) The Secretary of State may by order substitute for the percentage specified in subsection (4) above (whether as originally enacted or as previously amended under this subsection) such other percentage as he thinks fit.
(1) This section applies where any property which—
(a) is for the time being included in the Schedule of monuments compiled and maintained under section 1 of the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979;
(b) has been notified to the Corporation by 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; or
(c) is a listed building within the meaning of section 1 of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990, or section 52 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972, and is not of a description specified in an order made by the Secretary of State,
is affected by subsidence damage and the character of the property as one of historic, architectural, archaeological or other special interest is or may be affected by that damage.
(2) If and to the extent that it is reasonably practicable and in the public interest so to restore the property to its former condition as to maintain its character as one of special interest, this Part shall have effect in relation to the damage as if—
(a) section 6(2)(a) above defined “remedial works” as such works as are necessary for the purpose of so restoring the property; and
(b) section 10 above were omitted.
(3) Any question arising by virtue of subsection (2) above as to whether or how far it is reasonably practicable or in the public interest to restore any property as mentioned in that subsection shall be determined by the Secretary of State.
(4) In this section “former condition”, in relation to any property, means a condition comparable to its condition immediately before the subsidence damage occurred.
(1) In the case of subsidence damage to any ecclesiastical property—
(a) the Church Commissioners shall be entitled, in addition to any other person who is so entitled, to give a damage notice; and
(b) where any other such person is the claimant, the Commissioners shall be treated as another person interested whether or not they give such a notice.
(2) Any payment under section 10 or 11 above in respect of ecclesiastical property which would, apart from this subsection, fall to be made to the owner of the property—
(a) shall be made to the Church Commissioners; and
(b) shall be applied by them for the purposes for which the proceeds of a sale of the property by agreement would be applicable under any enactment or Measure authorising, or disposing of the proceeds of, such a sale.
(3) Where, in relation to any property other than ecclesiastical property—
(a) any payment under section 10 or 11 above would, apart from this subsection, fall to be made to a person whose interest in the property is held for religious purposes; and
(b) a request for payment is made to the Corporation by or on behalf of the representative body,
the payment shall be made to that body.
(4) In this section—
“ecclesiastical property” means property in England belonging to any ecclesiastical benefice, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction;
“the representative body”, in relation to property of any description held for religious purposes, means the body of persons (if any) which, in relation to that property or property of that description, has been notified to the Corporation by the Secretary of State, after consultation with such persons and organisations as he may think appropriate.
(1) Where property belonging to a protected tenant is affected by subsidence damage, Schedule 3 to this Act (which provides for the protected tenant to be treated, in certain circumstances, as a person liable to make good the damage in whole or in part) shall apply if, apart from the provisions of that Schedule, neither the protected tenant nor any other person would be liable to make good the damage in whole or in part.
(2) For the purposes of this section and Schedule 3 to this Act, property affected by subsidence damage belongs to a protected tenant if he would have been entitled under any enactment contained in the relevant Act or Acts to remove the property, or to be paid compensation in respect of it by his landlord, if his tenancy had terminated immediately before the damage occurred.
(3) In this section and Schedule 3 to this Act “protected tenant” means a person who is—
(a) a tenant for the purposes of Part I of the [1927 c. 36.] Landlord and Tenant Act 1927, the [1986 c. 5.] Agricultural Holdings Act 1986 or the [1949 c. 75.] Agricultural Holdings (Scotland) Act 1949;
(b) a landholder for the purposes of the Small Landholders (Scotland) Acts 1886 to 1931; or
(c) a crofter for the purposes of the [1955 c. 21.] Crofters (Scotland) Act 1955;
and references, in relation to a protected tenant, to the relevant Act or Acts shall be construed accordingly.