Stop Notices Where Further Damage is Likely

Orders of the Day — Coal Mining (Subsidence) Bill – in the House of Commons am 9:30 pm ar 22 Ebrill 1991.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Amendment made: No. 3, in page 11, line 42, leave out '("the original damage")'.—[Mr. Heathcoat-Amory.]

Photo of David Heathcoat-Amory David Heathcoat-Amory , Wells

I beg to move, amendment No. 4, in page 12, line 14, at end insert— '(2A) It shall be the duty of the Corporation to specify in such a notice such works (if any) as are required in order torender the damaged property reasonably fit to be used for the purposes for which it was used immediately before the damage became evident, not being—

  1. (a) emergency works; or
  2. (b) works the execution of which is not reasonably practicable in all the circumstances of the case.'.

Photo of Mr Bernard Weatherill Mr Bernard Weatherill , Croydon North East

With this, it will be convenient to take Government amendments Nos. 5, 10 and 12.

Photo of David Heathcoat-Amory David Heathcoat-Amory , Wells

Perhaps I should briefly give the background to this important, substantive amendment. Waddilove and many others recognised that stop notices were sensible and necessary, but he also said that, while a stop notice is in force, interim repairs should be carried out to a high standard. The amendment is designed to achieve that.

Amendment No. 4 will ensure that, where a stop notice is in force, works must be undertaken to ensure that the property is "reasonably fit" to be used for the purpose for which it was used immediately before the damage became apparent. The wording comes form the Coal-mining (Subsidence) Act 1957. The standard is not as high as that which we apply to full repairs, which must now be done to the reasonable satisfaction of the claimant. As an interim measure pending final repairs, the amendment provides a sensible advance and should commend itself to the House.

Photo of Kevin Barron Kevin Barron Shadow Spokesperson (Energy and Climate Change)

We debated whether we should lay down certain criteria on the use of stop notices and I am pleased that the Department has taken the issue on board and produced these amendments.

Amendment No. 5 removes from clause 16 any reference to Lands Tribunal, about which there was also great debate in Committee. We are pleased that references to Land Tribunal will be removed from clause 16 by this group of amendments and from clause 17 by the next group of amendments. Therefore, British Coal cannot send to the Lands Tribunal rather than to the arbiter for the issue or revocation of a stop notice. We support the amendments because they will make the Bill more comprehensive than it was on Second Reading.

Amendment agreed to.

Amendment made, No. 5, in page 13, line 16, leave out subsection (8).—[Mr. Heathcoat-Amory.]