Statutory Instrument 1994 No. 2566

The Coal Mining Subsidence (Arbitration Schemes) Regulations 1994

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© Crown Copyright 1994

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1994 No. 2566

COAL INDUSTRY

The Coal Mining Subsidence (Arbitration Schemes) Regulations 1994

The Secretary of State, in exercise of the powers conferred on him by section 47(2), (7), (8) and (10) of the Coal Industry Act 1994^[1] and section 50 of the Coal Mining Subsidence Act 1991^[2], and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Coal Mining Subsidence (Arbitration Schemes) Regulations 1994 and shall come into force on 31st October 1994.

    (2)  In these Regulations and the Schedules to them, unless the context otherwise requires—

"the 1991 Act" means the Coal Mining Subsidence Act 1991;


"the 1994 Act" means the Coal Industry Act 1994;


"the Arbitration Body" means the person or body of persons for the time being appointed in accordance with regulation 7;


"arbitrator" means, in relation to an arbitration, the person for the time being appointed to act as the arbitrator therein;


"claimant" means a person who has made an application in accordance with paragraph 1 of Schedule 1 to these Regulations or paragraph 1 of Schedule 2;


"dispute" means any question to which these Regulations apply by virtue of regulation 2;


"document" includes any map, plan, drawing, photograph, computer record and other record kept otherwise than in documentary form;


"financial year" means the period of 12 months commencing on 1st April;


"the General Arbitration Scheme" means the provisions of Schedule 2 to these Regulations;


"the Householders' Arbitration Scheme" means the provisions of Schedule 1 to these Regulations;


"householder" means a person who occupies a dwelling-house and who either is the owner of it or is liable to make good any damage to it in whole or in part;


"notify" means notify in writing;


"respondent" means, in relation to a dispute, the responsible person involved in it;


"responsible person" means a person with responsibility for subsidence affecting land^[3];


"subsidence requirement" means a requirement referred to in section 47(9) of the 1994 Act.

    (3)  In the application of these Regulations to arbitration proceedings which are subject to the law of Scotland—
 (a) references to an arbitrator shall be construed as references to an arbiter; and
 (b) in any reference to the costs of an arbitration or to the costs of a party, the word "costs" shall be construed as "expenses".

    (4)  Unless the context otherwise requires, other expressions appearing in these Regulations shall have the same meaning, if any, as they have in the 1991 Act or the 1994 Act.

    (5)  References in a Schedule to these Regulations to a numbered paragraph are references to the relevant paragraph of that Schedule.

    (6)  The amounts payable as registration fees in accordance with Schedules 1 and 2 to these Regulations shall be exclusive of any value added tax that may be chargeable on such fees.

Questions to which Regulations apply
    2.—(1)  Subject to paragraph (2) below, these Regulations shall apply to any question arising under the 1991 Act and, without prejudice to the generality of the foregoing—
 (a) any question as to who is the person with responsibility for subsidence affecting particular land;
 (b) the question of whether there has been a contravention of any subsidence requirement;
 (c) the question of how any such contravention is to be remedied.

    (2)  These Regulations do not apply to any question arising under section 32 of the 1991 Act (compensation for death or disablement) or section 36 of that Act (land drainage systems).

Resolution of questions by arbitration
    3.—(1)  The provisions of Schedule 1 to these Regulations ("the Householders' Arbitration Scheme") shall apply to any question to which these Regulations apply arising between a responsible person and a householder.

    (2)  The provisions of Schedule 2 to these Regulations ("the General Arbitration Scheme") shall apply to any question to which these Regulations apply which is not for the time being the subject of the procedures specified in Schedule 1.

Arbitrators
    4.—(1)  Disputes referred to arbitration in accordance with these Regulations shall be determined by a single arbitrator appointed by the Arbitration Body.

    (2)  The Arbitration Body may, where it considers that special circumstances apply, appoint one or more persons to assist the arbitrator on matters of a technical or legal nature.

    (3)  The Arbitration Body may appoint a substitute for the arbitrator, or any person appointed under paragraph (2) above, in the event of him misconducting himself or dying, becoming incapacitated or for any other reason being unable to attend expeditiously to his duties.

    (4)  The Arbitration Body shall notify all the parties to a dispute of the appointments made by it under this regulation in connection with the dispute.

Costs of arbitration proceedings
    5.—(1)  Subject to paragraph (2) below and to the provisions of Schedule 1 concerning the payment of registration fees—
 (a) each party to an arbitration under the Householders' Arbitration Scheme shall pay his own costs and the respondent shall pay all the fees and expenses incurred by the arbitrator and any person appointed to assist him under regulation 4(2); and
 (b) the costs of an arbitration under the General Arbitration Scheme shall be paid by the parties to the dispute in accordance with the provisions of Schedule 2.

    (2)  Paragraph (1) above shall not apply—
 (a) where any arbitration proceedings under these Regulations are subject to the law of England and Wales, to the costs of any appeal or application to the High Court in respect of the proceedings; or
 (b) where any arbitration proceedings under these Regulations are subject to the law of Scotland, to the expenses of any proceedings brought in the Court of Session for the opinion of that Court on any question of law arising in the proceedings, or for the challenge or correction of an award made by the arbiter.

Applicable law
    6.—(1)  A dispute referred to arbitration in accordance with these Regulations shall be determined, in relation to any question concerning the arbitration procedure, according to the law of the place where the arbitration is held.

    (2)  Subject to paragraph (1) above, the dispute shall be determined according to the law for the time being in force in England and Wales or to the law for the time being in force in Scotland as the parties to the dispute may agree or, in default of agreement, as determined by the arbitrator.

Appointment of Arbitration Body
    7.    The Secretary of State shall appoint a person or body of persons ("the Arbitration Body") to administer the reference of disputes to arbitration in accordance with these Regulations.

Costs of Arbitration Body
    8.—(1)  Subject to paragraph (2) below, the Secretary of State shall, in consultation with the Arbitration Body, as soon as reasonably practicable after the beginning of the financial year commencing on 1st April 1995 and every financial year thereafter make a determination for the purposes of this regulation by—
 (a) estimating the likely costs and expenses of the Arbitration Body during the financial year in question in connection with the carrying out of its functions under these Regulations; and
 (b) adding to or subtracting from that estimate, as appropriate, the amount, if any, by which the estimate made by him in accordance with this regulation for the preceding financial year, fell short of, or exceeded, the costs and expenses actually so incurred during that financial year.

    (2)  In the case of the determination made by the Secretary of State in accordance with paragraph (1) above for the financial year commencing on 1st April 1995, the Secretary of State shall add to the amount estimated in accordance with paragraph (1)(a) above the costs and expenses of the Arbitration Body for the period from the making of these Regulations to 31st March 1995 in connection with the carrying out of its functions under these Regulations.

    (3)  The Secretary of State shall notify the Coal Authority of the amount determined by him in accordance with paragraphs (1) and (2) above and request the Authority to apportion that amount between itself and every other responsible person on the basis of the number of applications for arbitration received by the Arbitration Body during the financial year immediately preceding that to which the determination applies which relate to the area for which they are the responsible person.

    (4)  The Coal Authority shall notify every responsible person of—
 (a) the total amount notified to it by the Secretary of State in accordance with paragraph (3) above; and
 (b) the amount apportioned by it to that responsible person and the calculation of that amount.

    (5)  Every responsible person to whom a notification has been given in accordance with paragraph (4) above may, within 21 days of the giving of that notification, make representations to the Coal Authority concerning it.

    (6)  The Coal Authority, having considered any such representations, shall notify the responsible person of its final determination with respect to the amount to be apportioned to that person.

    (7)  A responsible person shall forthwith pay to the Coal Authority the amount notified to it in accordance with paragraph (6) above; and, in default of payment, the sum due shall be recoverable by the Coal Authority from that person as a civil debt.

    (8)  The Coal Authority shall, when so requested by him, pay to the Secretary of State in respect of each financial year the amount determined by the Secretary of State for that year in accordance with paragraphs (1) and (2) above.

    (9)  It shall be the duty of the Arbitration Body to provide the Coal Authority with such information as it may reasonably request for the purpose of discharging its obligations under this regulation.

Tim Eggar

Minister for Industry and Energy, Department of Trade and Industry

3rd October 1994

[1] 1994 c. 21. back

[2] 1991 c. 45. The Act is amended by sections 42 and 43 of, and Schedule 6 to, the 1994 Act. back

[3] See sections 43 and 44 of the 1994 Act. back

Explanatory Note