Provision of Property Searches through the Coal Authority's Electronic Services

Welcome to the terms and conditions for the use of the Coal Authority's (‘the Authority's') electronic services:

  • The Mining Reports online service (website) www.groundstability.com
  • The Business to Business (B2B) Gateway Reports System for the provision of Coal Mining reports
  • The Business to Business (B2B) Gateway Reports System for the provision of Con29M and No Search Certificate Constituent Parts

These Terms and Conditions apply to the use of all the electronic services listed above and by accessing these services and/or placing orders through these services you agree to be bound by the Terms and Conditions set out below. If you do not agree to be bound by these Terms and Conditions you may not use or access these services.

General

Reference to the term "channel" in this document refers to the use of the website (www.groundstability.com) or B2B Gateway or both.

B2B Gateway refers to the electronic exchange of information using XML based web services between the Coal Authority and third parties.

CON29M and No Search Certificate Constituent parts refers to the provision of constituent parts of a CON29M or No Search Certificate equivalent report through the B2B Gateway for the incorporation into third party reports.

CON29M Constituent parts means all answers provided in a CON29M equivalent report for incorporation into third party products. These constituent parts cannot be disassembled, modified or paraphrased in any way.

No Search Certificate Constituent parts means all answers provided in a No Search Certificate equivalent report for incorporation into third party products.

References made to Reports also apply to Constituent parts except where specific reference is made to the Constituent parts.

Access

1. You are provided with access to the Website and/or B2B Gateway and/or the Constituent parts thereof strictly in accordance with these Terms and Conditions and in accordance with Schedules 1 and 2 as appropriate and any orders placed by you must be placed strictly in accordance with these Terms and Conditions. These Terms and Conditions supersede and take precedence over any previous Terms and Conditions supplied to you and (without our express written consent) over any Terms and Conditions which you may in the past or may in the future have sent or send to us.

Registration

2. Users warrant that the personal information which they are required to provide when they register as a customer is true, accurate, current and complete in all respects. Users also warrant to notify the Authority immediately of any changes to the personal information by contacting the Authority's Customer Service Team by email at groundstability@coal.gov.uk or by telephone on 0345 762 6848. In the event that this telephone number is discontinued or changed it shall be the responsibility of the User to ascertain the correct telephone number. Registered users can do this online. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

3. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including all legal fees, arising out of any breach of the Terms and Conditions by you or any other liabilities arising out of your use of the channel, or the use by any other person or systems accessing the channel using your account and/or your Personal Information. In the event that such breach shall result in legal proceedings of whatever nature being brought against the Authority by any third party howsoever, the Authority reserves the right at its absolute election to defend such proceedings and bring any necessary counterclaim through its own legal advisors in respect of the cost of which this indemnity shall apply.

Our rights

4. We reserve the right to:

Modify or withdraw, temporarily or permanently, the channel (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any direct or indirect loss howsoever arising from any modification to or withdrawal of the channel; and/or Change the Terms and Conditions from time to time, and your continued use of the channel (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the channel.

Payment and Fees

5. Fees and charges for reports ordered through the B2B Gateway will be published on www.groundstability.com. All prices are subject to VAT at the current rates and are correct at the time the property search transaction was recorded on the system. The total cost of your order is the price of the Reports ordered plus VAT.

Orders can only be placed through the B2B Gateway by credit account holders who will be invoiced monthly (see schedule 1).

The Authority cannot guarantee to cancel a search once a request has been made. No refund or transfer of fee (or part thereof) will be made once a search has been logged onto the Authority's computer system.

If a property search is made where no information is held by the Authority, the Authority will reply with a negative response and no refund or transfer of any fee (or part thereof) will be made. This includes instances where optional follow up reports are requested e.g. Interpretive reports, Claims History reports etc.

If a property search is submitted on the website with the enquiry boundary defined, this will be used to produce the report. A boundary cannot be amended or changed after submission. If an amendment is required enquirers will have to make a fresh search with payment of the appropriate fee and no refund of the original fee shall be made. All property searches and order requests submitted to the B2B Gateway must contain details of the enquiry boundary (see schedule 1/2), which will be used to produce the report. Boundary details cannot be amended or changed after an order request has been submitted. If an amendment is required enquirers will have to submit fresh search and order requests with payment of the appropriate fee and no refund of the original fee shall be made.

Compliance with laws

6. The channel may be used only for lawful purposes and in a lawful manner. You agree to comply with and warrant that you have complied with all applicable laws, statutes and regulations regarding the channel and any transactions conducted on or through it.

7. Mining reports and ground stability reports ("Reports") will be provided subject to these terms and conditions and in accordance with the duties of the Coal Authority ("the Authority") under the Coal Industry Act 1994 and any subsequent relevant legislation. Reports will be based on, and limited to, mining records in the possession of the Authority, and the Cheshire Brine Subsidence Compensation Board's ("the Brine Board") records, and the British Geological Survey (BGS), at the time the search is answered.

The records available to the Authority, the Brine Board and BGS are constantly updated and added to the relevant computer database. The Authority will make use of the most up to date approved records held and made available to it by the Brine Board and BGS at the time of giving Reports. However, no warranty is given or representation made that such records will be accurate or not become obsolete or incorrect over any period of time.

Reports will be given in the belief that they are in accordance with the information available to the Authority at the time of giving the Report but on the distinct understanding that the Authority, or the Brine Board, or BGS, is not legally responsible for them. For the avoidance of doubt the legal responsibility for Report content derived from third party data providers other than the Authority, or the Brine Board, or BGS, will be the responsibility of the relevant third party and will be subject to the specific terms and conditions of the relevant third party data provider and not the terms set out in this clause on behalf of the Authority, the Brine Board and BGS.

8. It is the responsibility of the person by or for whom a Report is requested to specify the property for which a report is required and to make clear the full extent of the enquiry boundary i.e. buildings and associated land.

9. These terms and conditions of the Authority, the Brine Board and BGS incorporate the User Guide 2006 (as amended) and apply to all searches made including those using CON29M (2006) and ScotForm (2006).

Intellectual Property Rights

10. Copyright subsists in the Reports and vests in The Coal Authority, Brine Board and BGS. The information used to prepare the Report is protected by the Authority and the Brine Board's and BGS's database rights. All rights are reserved and unauthorised use is prohibited. By using the Authority's services, you acknowledge the subsistence and validity of such rights and agree not to challenge the rights, whether directly or indirectly, or take any action which may have the foreseeable consequence of undermine the integrity or validity of the rights.

You further agree that you will make no use of any registered or unregistered trademarks of The Coal Authority without The Coal Authority's express written licence and consent and agree not to challenge any current or future trademarks belonging to The Coal Authority, whether directly or indirectly, or take any action which may have the foreseeable consequence of undermine the integrity or validity of such trademarks.

Copyright and other Intellectual Property is not transferred to external parties by possession of a report; however, recipients of Reports can use them for the purposes for which the Reports were provided. Copyright in any third party material contained within the Reports other than that owned by the Authority, the Brine Board or BGS is owned by the third party data provider.

The Reports are provided without warranty that they or any material contained therein may not infringe third party rights.

You must not store or harvest the information provided within Reports (or extracts or elements thereof) in any form (other than for legal or regulatory compliance purposes) or make ongoing/multiple uses of the information to provide reports or unrelated services. You must not plagiarise reports to produce your own reports. Any Reports provided to you where you act on behalf of another party must be passed to that other party in its original complete format and not in a modified, plagiarised or other summarised version or report.

Where the Report is incorporated into another document, the integrity of the text must be preserved and may not be disassembled, modified or paraphrased in any way and no deletions, omissions or reorganisation shall be made to the text. The relevant text shall be identified as originating with the Coal Authority which must be acknowledged as the author.

Where any material belonging to the Authority is reproduced as above or otherwise with the licence and consent of the Authority, The Authority asserts all its moral rights and in particular that of being identified as the source of the material which must by acknowledged by the following expression:-

"This material is reproduced by kind permission of The Coal Authority - © The Coal Authority - all rights reserved".

Coal Authority Records

11. The records in the possession of the Authority are derived from a number of sources and are of various ages, scales, condition, etc. As a consequence information sourced from such records is of variable reliability. Additionally, in any particular area there may be information held by others as to historical coal (and other) mining which is not also in the possession of the Authority. In the circumstances the Authority is unable to give any warranty and makes no representation that the information comprised in the records in its possession is complete, accurate, exhaustive or reliable.

12. Plans of abandoned coal mines, the coal holdings register and licence register can be viewed at the Authority's Mining Records Office, by prior appointment. Separate terms and conditions and charges apply. These are available on www.gov.uk/government/organisations/the-coal-authority/about/about-our-services or by telephoning 0345 762 6848.

13. Some records are derived from licensed operators whose plans for current and future coal mining may change at any time. They are required by section 58 of the Coal Industry Act 1994 to exercise all due diligence to secure the provision of full and accurate information to the Authority in accordance with the provisions of the licences which they hold.

14. In certain instances (usually relating to older records in the custody of the Authority) it has been necessary for the Authority to make assumptions as to the most probable ('best plot') positions of mine entries, the depth, date and extent of coal workings, the number and inclination of seams and the nature of the mineral worked, e.g. in certain areas records attribute more than one name to a single seam.

Cheshire Brine Board Records

15. The CON29M (2006 edition) report is based on and limited to the records of the Brine Board as provided to the Authority at the time the search is answered. Arrangements are in place between the Authority and Brine Board to ensure that this information is up-to-date. The report is concerned with:

  • Whether the property is situated within the Compensation District;
  • Whether the property is within a Consultation Area prescribed by the Brine Board under the provisions of section 38(1) of the 1952 Act;
  • Whether a Notice of Damage has been filed in respect of the property and, if so, whether the claim was accepted and, if so, how the claim was discharged;
  • Whether claims in respect of the property have been commuted by a once and for all payment of compensation;
  • Whether the compensation provisions of the 1952 and 1964 Acts would apply should the property be affected at some future date by subsidence due to brine pumping.

16. Claims made under the Cheshire Brine Pumping (Compensation for Subsidence) Acts 1952 and 1964 are property specific. Consequently, where a property the subject of a claim under these Acts is subsequently demolished, the remaining land and/or any subsequent built property will not be deemed to have the original Notice of Damage filed against it, and reasonable endeavours will be taken to ensure that the response in the report will reflect this position.

17. The report will not reveal the proximity in relation to the property of current or abandoned shafts, wells, boreholes or other entrances to salt workings, used in connection with brine pumping or current or abandoned salt mine workings and associated shafts and no comment will be made regarding the likelihood of the property being affected by such works for which the Brine Board has no responsibility. The enquirer should make separate enquiries regarding such matters to the appropriate sources of information in certain areas where these are known to exist or have been worked. For the avoidance of doubt, the responsibilities and information held by the Brine Board does not extend to the working of salt and/or brine in Droitwich, Manchester or any other area outside the defined Compensation District.

18. The Brine Board is not connected with the industry of salt extraction and cannot therefore supply details of current natural or controlled brine pumping activities or any proposals for the future development. If this information is required it is suggested that an enquiry be directed to the operator or reference made to the Cheshire County Minerals Plan prepared by the Cheshire County Council Planning Department.

BGS Data

19. The information in the ground stability report from BGS is based on, and limited to, their own expert interpretation of the geological data that they hold.

20. The report is concerned with potential ground instability related to natural geological conditions only. This includes shrinkable clay, running sand, compressible deposits, collapsible deposits, natural landslide activity and soluble rocks. The information from BGS reported in the ground stability report does not cover any man-made hazards, such as contaminated land or mining. The information from the Coal Authority reports on coal mining activity.

21. The report is based on and limited to an interpretation of the records in the possession of BGS and as provided to the Coal Authority at the time the search is answered. This ground stability search uses the BGS GeoSure database which is based on 1:50,000 scale digital geological mapping. The answers given should only be treated as indicative for the property and its surrounding area.

22. Other more specific and detailed information may be held by BGS for the site, and an assessment of this could result in a modified assessment of ground stability potential. This more detailed assessment is available via the BGS website at www.bgs.ac.uk

23. The BGS information in the ground stability report is carried out for a rectangle or circle centred on the digitised boundary of the property covering the extent of the digitised boundary and including a 50 metre zone around it, which takes into account the accuracy of the geological hazards data reported.

24. An indication of natural ground instability does not necessarily mean that the subject property will be affected by subsidence. Such an assessment can only be made by inspection of the property itself by a qualified professional. This will take into account a variety of contributing factors, such as property type and build quality, and nearby vegetation, in particular, trees.

Other Third Party Data

25. Where additional data from third party data providers is included within or combined with Reports the provision of this data is subject to the terms and conditions of the third party data holder. This includes but is not limited to instances where the Authority prepares a CON29M mining report which is combined with another report from a third party data provider, for example a flood, ground stability and/or environmental screening report ("Combined Report"). In the event of any conflict of meaning or effect for the avoidance of doubt the Authority's terms and conditions take precedence over any third party terms and conditions in so far as they relate to the Authority.

Title Deeds, Mining Leases, Severance Instruments and Agreements

26. Reports will not refer to or deal with rights under title deeds nor the existence (or the relevance to any claim affecting the property) of coal mining leases, instruments of severance or agreements with licensed operators, the Authority, British Coal Corporation, National Coal Board or the Coal Commission which may provide the basis of an alternative entitlement to compensation or repair or otherwise affect the position of enquirers.

Other Minerals

27. Coal mining and ground stability reports relate only to coal and minerals worked in association with coal. The presence of workings of other minerals will not necessarily be disclosed. The enquirer may need to make separate enquiries - with British Geological Survey (www.bgs.ac.uk) for example, regarding other minerals to the appropriate sources of information in certain areas where these other minerals are known to exist or have been worked.

Liability

28. The databases comprising the subject matter of this licence are made up of information supplied to the Authority by third parties under statutory obligation and of which the Authority has no direct knowledge and has not necessarily had the opportunity to verify. Accordingly, it can have no liability for the accuracy of the information comprising the databases or for any loss of whatever nature directly or indirectly caused which may result from any reliance placed upon it. The licensee takes the information as provided without any such express or implied warranty and must rely upon its own enquiries and where necessary obtain appropriate insurance against any loss arising.

29. Where the Authority prepares a Combined Report the responsibility for all other environmental screening information is with the relevant third party data provider and not the Authority. For the avoidance of doubt the Authority is responsible, if at all, only for the CON29M mining report element of any Combined Report and only in those cases where the Authority has produced the CON29M mining report element for inclusion in the Combined Report.

30. If there is any doubt as to whether a previous Report remains valid a new Report should be purchased. Without prejudice to the generality of the foregoing, any Report must not be relied upon in any event in excess of 90 days from its date of issue and must thereafter be verified as still being up-to-date, either by ordering a fresh Report or by using any available update service provided by the Authority, BGS and Brine Board.

31. The Authority, BGS and the Brine Board shall be deemed not to know the purpose for which Reports are required even if such purpose is made known to them. Neither the Authority, BGS nor the Brine Board makes any warranties or representations as to either the suitability of land/property for any particular use or purpose or its value, and shall not in any circumstances be liable for any loss or damage at all arising from reliance on Reports in relation to these matters.

32. Property owners may have the benefit of remedies under the Coal Mining Subsidence Act 1991, which contains provisions relating to the making good, to the reasonable satisfaction of the claimant, of physical damage from coal mine workings, including disused coal mine entries.

33. Should the enquirer or user of the search believe there to be any personal or financial connection between the Authority as provider of the ScotForm (2006) search report, the Authority and Brine Board as provider of CON29M 2006 edition search reports, and the Authority, Brine Board and the British Geological Survey in the case of ground stability reports, and any other person involved in the sale of the subject property, they should make this known to us at the time of making the request.

Coal Mine Shafts and Adits (mine entries)

34. Information in CON29M and Ground Stability Reports relating to mine entries (within 20 metres of the boundary of the property) will be prepared only from the records in the possession of the Authority. These records may not be complete. Given the indeterminate accuracy of many of the source records, and the occasional delay in the completion of updates to records, the Authority is unable to take account of and reflect in Reports any possible difference between the actual and plotted position of a mine entry or its likely size or depth. The approximate location of any reported mine entries will be identified on a plan within the body of Reports. To aid clarity the mine entry symbols will not necessarily be shown to the same scale as the plan. Distances are measured from the estimated centre of the shaft or centre point of an adit entrance.

In the event that new mine entry information becomes available to the Authority within 90 days of the issue of a CON29M report the Authority will notify the customer, as soon as reasonable practicable, informing them of the change and the nature of the change.

35. With effect from 31st October 1994 British Coal's interests in unworked coal and coal mines became vested in the Authority. In most cases (but not all) any mine entries will be owned by the Authority and not the adjacent land owner. The User should rely upon their own enquiries.

36. The Authority uses information provided by British Geological Survey (BGS) in its Interpretive Report Service in accordance with a Value Added Reseller Agreement between BGS and the Authority. The Authority cannot and does not warrant that the BGS data is complete or accurate and accepts no liability for the thickness of superficial drift deposits and other data provided by BGS.

Shallow Coal Workings

37. Where coal workings are reported as having occurred at shallow depth the Authority is unable to confirm that ground movement should have stopped by now. Likewise, where the Authority gives an indication of the likely existence of unrecorded coal workings (reported as and where coal is believed to lie at or close to the surface), future ground movement may still subsequently occur.

Coal Mining Geology

38. No comment or representation is made in Reports about the existence of conjectured surface fault positions shown on geological maps (published by British Geological Survey) which are not known to the Authority to have affected the stability of the property as a result of coal mining activities.

Miscellaneous

39. During the production of Reports by the Authority, the address (but not the boundary) of the subject property as provided by the enquirer may be corrected to match the Royal Mail's Postcode Address File (PAF). The Authority also reserve the right to add the address details to a database and have the right to make such use of that data at its discretion.

40. In reporting whether or not a property lies within a former opencast site from which coal had been extracted by opencast methods, depending on the age and source of information available to the Authority, the opencast site boundary may be limited to the specific area where coal was believed to have been extracted and not to the overall site boundary or excavation area.

Plans

41. The Authority provides with each Report a plan of the boundaries of the property in respect of which the Report has been prepared. It is necessary for enquirers to ensure that such boundaries correspond with those of the property. If the boundary of the property shown on the Authority plan does not so correspond, any discrepancy should be resolved by enquirers with the Authority. If the discrepancy is not referred by enquirers to the Authority within 28 days of the date of the report in question, enquirers will have to make a fresh search with payment of the appropriate fee.

42. The property will be located with reference to Ordnance Survey (OS) digital publications. The Authority cannot and does not warrant that the OS information is up-to-date, complete or accurate and accepts no liability for the plotted position of property as shown on published OS maps.

43. Information supplied in plan form within the body of Reports should not be enlarged to any greater scale than that at which it is originally supplied or accuracy will be affected.

Mining Surveys and Site Investigations

44. A coal mining report, whether purchased on its own, in constituent parts, or as part of a ground stability or Combined Report is not a substitute for site investigation or a mining survey. Enquirers will have to assess whether a site investigation or mining survey is required having regard (amongst other relevant factors) to the content of the report and whether the property is to be developed and, if so, the nature and extent of the development. If so requested, The Authority at is absolute discretion can provide, experienced mining surveyors and structural engineers in all coal mining and other areas able to advise as to what further enquiries, mining surveys or site investigations should be made. Further information may be sought by telephoning 0345 762 6848.

Mining Reports and Ground Stability Reports Insurance

45. Insurance cover will be provided to owners of property to mitigate against any loss of value attributable to any material change of any of the information in a subsequent residential CON29M (2006) or ScotForm (2006) report from that contained in the CON29M (2006) or ScotForm (2006) report to which the insurance attaches. The period of insurance cover is the full term of ownership. The amount of insurance cover is:

  • Up to £20,000 where a residential Report was obtained from the introduction of the scheme in October 2003 to the end of April 2008; or
  • Up to £50,000 where a report was obtained after May 2008

46. Insurance cover will be provided to owners of property to mitigate against any loss of value, up to a maximum of £50,000 or 25% of the market value of the property (whichever is the least), attributable to any material change of any of the information in a subsequent residential Ground Stability Report from that contained in the Ground Stability Report to which the insurance attaches. The period of insurance cover is 25 years.

47. It is suggested that the report and insurance certificate should be kept with the title deeds. The insurance cover takes account of circumstances where a report was obtained by the seller of the property as part of a Home Report (Scotland) or where the property is being sold by way of auction. Cover is also provided where a report is obtained in the event of a remortgage of the property or where the owner simply elects to obtain a fresh report.

48. The insurance does not cover non-residential property; neither does it cover physical damage to property caused by coal mining subsidence or brine subsidence for which other more powerful remedies already exist, in particular, but not limited to, the Coal Mining Subsidence Act 1991 and the Cheshire Brine Pumping (Compensation for Subsidence) Acts 1952 and 1964.

49. The insurance does not cover any element of a Combined Report which is not otherwise covered or contained in the CON29M mining report. It also does not cover any element of the Con29M and No Search Certificate Constituent Parts.

50. The insurance is not a substitute for any normal homeowner building and contents insurance cover.

51. The insurance is underwritten by Aviva Insurance Limited. The insurance certificate provided with the residential report outlines the terms and conditions of this insurance.

The Authority reserves the right without notice to change insurers to a suitable alternative equivalent insurer.

Mining Report and Ground Stability Report Information

52. In respect of each Residential Property Search, Reports will provide summary information according to the records in the possession of the Authority and the Brine Board, and in the case of residential ground stability reports, information also in the possession of BGS, relating to those matters referred to below on the basis of and subject to the terms and conditions referred to in paragraphs 1 to 51 inclusive above. For each search the report will include the following information:

Information from the Coal Authority:

Past underground coal mining

  • Whether the property is within the zone of likely physical influence on the surface of past underground working based on the principle of 0.7 times the depth of the working allowing for seam inclination. The Authority will indicate the number of seams involved, minimum and maximum depth and the approximate last date of working.
  • An indication of whether ground movement should now have stopped (when the circumstances are considered appropriate). Where coal workings are reported as being at shallow depth the Authority is unable to confirm that ground movement should have stopped by now.
  • An indication of the likely existence of unrecorded coal workings. (Where these are reported as believing to lie at or close to the surface, future ground movement may still subsequently occur).

Present underground coal mining

  • Whether the property is within the zone of likely physical influence on the surface of present underground coal workings based on the principle of 0.7 times the depth of the working allowing for seam inclination. The seams involved are indicated.

Future underground coal mining

  • Whether the property lies within the geographical area for which the Authority are determining whether to grant a licence, or have granted a licence, to remove coal by underground methods. The date of any granted licence is also given, together with advice as to whether the licence is conditional.
  • Whether the property is within the zone of likely physical influence on the surface based on the principle of 0.7 times the depth of the currently planned future underground working allowing for seam inclination. An indication will be given of the seams involved and approximate date of working.
  • Information as to whether further workable coal is known or thought to exist.
  • Whether any notice of proposals relating to underground coal mining operations have been given under section 46 of the Coal Mining Subsidence Act 1991 (as amended by the Coal Industry Act 1994), and if so details are given of the date of the last notice.

Shafts and adits

  • Details of any shafts or adits within the property and/or within 20 metres of the boundary of the property.
  • Brief treatment details are given, where known.
  • A plan showing the approximate location of any shafts and/or adits is provided.
  • Where any shafts or adits are disclosed in Reports for residential property (excluding pre-build plots), details will be provided as to the procedure and cost of obtaining an optional, follow-up Interpretive Report which provide more detailed analysis, risk assessment and advice about mine entries.

Coal mining geology

  • Whether the Authority have record of a fault or other line of weakness that is known to the Authority to have made the property unstable.

Past opencast coal mining

  • Whether the property lies within an opencast site boundary from which coal has been removed in the past by opencast methods.

Present opencast coal mining

  • Whether the property is within 200 metres of the boundary of an opencast site from which coal is being removed by opencast methods.

Future opencast coal mining

  • Whether the property is within 800 metres of an area for which the Authority are determining whether to grant a licence to remove coal by opencast methods.
  • Whether the property is within 800 metres of an area for which a licence to remove coal by opencast methods has been granted by the Authority.

Subsidence

  • The date of any damage notice or claim made for alleged coal mining subsidence damage since 31st October 1994.
  • Whether the claim was accepted, rejected or whether liability is still being determined.
  • Where a claim has been discharged, whether this was by making good or by payment of compensation or a combination of both, no details of the works to make good will be given but an indication of the cost of repairs/compensation or both will be included. Depending on the status of the claim the costs provided may be limited to the expenditure at the time of the report. In these instances further information can also be sought from the claimant.
  • Where a claim has been transferred to a mine operator part way through the claim the cost included in the property search will only be the element paid by the Authority.
  • Whether there is any current "stop notice" concerning the deferment of remedial works or repairs affecting the property, and if so the date of the notice.
  • Whether there has been any request made for preventive works under section 33 of the Coal Mining Subsidence Act 1991. If yes, whether the Authority is aware of any person to have withheld consent or failed to comply with any request to execute preventive works?
  • The number of claims made within 50 metres of the enquiry boundary.

Mine gas emissions

  • Whether the Authority, since its creation in 1994, have record of any mine gas emission within the boundary of the property being reported that subsequently required action by the Authority to mitigate the effects of the mine gas emission. The report does not include reference to any alleged mine gas emission not subsequently accepted by the Authority as being related to coal mining activity, e.g. natural gas and other non-coal mining related gas emissions, or mine gas emissions not the subject of any subsequent remedial works by the Authority. (Additional information may be available, subsequent to receipt of a report and additional archive research fee).

Emergency call-out surface hazard incidents

  • Whether, since its creation in 1994, the Authority has carried out any work on or within the boundaries of the property following a report of an alleged hazard related to coal mining under the Authority's Emergency Surface Hazard Call Out procedures. The report does not include reference to any reported hazard incident not subsequently accepted by the Authority as being caused by coal mining activity. (Additional information may be available, subsequent to receipt of a report and additional archive research fee).

Reports for non-residential or sites within the coal mining areas will also include the following additional information:

Withdrawal of support

  • Whether the site lies within a geographical area in respect of which a notice of entitlement to withdraw support has been published. The date of any notice is provided.
  • Whether the site lies within a geographical area in respect of which a revocation notice has been given under section 41 of the Coal Industry Act 1994. The date of any notice is provided.
  • Working facilities orders
  • Whether the site lies within an area affected by an order in respect of the working of coal under the Mines (Working Facilities and Support) Acts of 1923 and 1966 or any statutory modification or amendment thereof. The date of any such notice is provided.

Payments to Owners of Former Copyhold Land

  • Whether any relevant notice which may affect the property has been given and, if so, details of any notice of retained interests in coal and coal mines, acceptance or rejection notices and whether any compensation has been paid to a claimant.

Additional Information:

53. Where the Authority offer and provide a No Search Required Certificate electronic services only) to confirm that a CON29M (2006) coal mining and brine subsidence claim search or a ScotForm (2006) coal mining search is not required for a particular property, this does not and should not be deemed to confirm:

  • that no coal mining strata is present, nor
  • that some part of any coal resources present will (subject to obtaining planning permission and any necessary licences) not be worked at some future date, nor
  • that minerals other than coal have not been worked in the vicinity of the property, nor
  • that the property is not affected by any natural ground subsidence hazards, including, but not restricted to, shrinkable clay, running sand, compressible materials, collapsible materials, landslide activity or soluble rocks including limestone, chalk, gypsum or salt, nor
  • that the property is not affected by any flood, contaminated land or other environmental consideration.

54. Where a user erroneously requests a residential property search for a non-residential, commercial or site, the Authority reserves the right to provide a non-residential report instead of the residential report requested, and to charge the appropriate fee accordingly. It is your responsibility to ensure that you request the correct search. In the event that you request a Residential Property Search where a Non-Residential Property, Commercial or Development Site search is necessary, the Authority reserves the right to claim the difference in cost from you.

55. The response to mining searches made for land and property lying outside of the Authority's defined coal mining areas will either state that the property lies outside any defined coalfield area or provide negative responses to each and every question and sub-question on the CON29M (2006) and ScotForm (2006) enquiry form and as set out here in clause 52.

Information from the Cheshire Brine Subsidence Compensation Board

56. The CON29M (2006 edition) coal mining and brine subsidence claim search, and ground stability reports in England and Wales, will report:

  • Whether the property is situated within the Cheshire Brine Compensation District prescribed by the Cheshire Brine Pumping (Compensation for Subsidence) Act 1952;
  • Whether the property is within a Consultation Area prescribed by the Brine Board under the provisions of section 38(1) of the 1952 Act;
  • Whether a Notice of Damage has been filed in respect of the property and, if so, whether the claim was accepted and, if so, how the claim was discharged;
  • Whether claims in respect of the property have been commuted by a once and for all payment of compensation;
  • Whether the compensation provisions of the Cheshire Brine Pumping (Compensation for Subsidence) Act 1952, and 1964, would apply should the property be affected at some future date by subsidence due to brine pumping.

57. Where the property lies outside the Cheshire Brine Subsidence Compensation District, the report will state that the property is not in the Cheshire Brine Compensation District prescribed by the Cheshire Brine Pumping (Compensation for Subsidence) Act 1952 and no entries were found in the Boards records, rather than provide negative responses to each and all of the headings listed here in clause 56.

Information from the British Geological Survey (BGS)

58. The ground stability report will report whether the property is in an area where shrinkable clay, running sand, compressible deposits, collapsible deposits, potential landslide activity or soluble rocks are present.

Shrinkable clay

  • Whether the property is within an area underlain by shrinkable clay, and, if so, whether this is of low, medium or high plasticity.
  • An indication of whether ground movement (subsidence) could occur.

Running sand

  • Whether the property is within an area underlain by running sand, and, if so, whether this is of low, medium or high likelihood.
  • An indication of whether ground movement (subsidence) could occur.

Compressible deposits

  • Whether the property is within an area underlain by deposits which could be compressed and cause ground movement, and, if so, whether this is of low, medium or high likelihood.
  • An indication of whether ground movement (subsidence) could occur.

Collapsible deposits

  • Whether the property is within an area underlain by deposits which could collapse and cause ground movement, and if so, whether this is of limited or high likelihood.
  • An indication of whether ground movement (subsidence) could occur.

Landslide activity

  • Whether the property is within an area susceptible to landslide activity, and, if so, whether this is of low, medium or high likelihood.
  • An indication of whether landslide activity is likely to occur.

Soluble rocks

  • Whether the property is within an area underlain by soluble rocks, and, if so, whether this is of low, limited or high likelihood. The four soluble rocks considered by this report are limestone, chalk, gypsum and salt.
  • An indication of whether ground movement (subsidence) could occur.
  • There may be uneven damage or subsidence if the property is on ground that moves. Notwithstanding the natural instability conditions reported, or otherwise, users should always consider the possible consequences before they:
  • carry out any building or excavation work;
  • alter the ground surface or drainage of surface or ground water;
  • or plant or remove large shrubs or trees.

Developers should always carry out an appropriate risk assessment before starting any work on, or around, a property.

In the event that a property is damaged by ground movement, property-owners should contact their insurance company and anyone else who has an interest in the property, for example, the mortgage lender.

Where the ground stability report identifies that ground movement (subsidence) could occur, home-owners should tell their professional advisers, insurers, valuers and lenders.

Information from other third parties

59. Information, terms and conditions and user guidance on any data element from a third party data provider in a Combined Report is available from the relevant third party data provider.

Complaints Procedure

60. We aim to provide an excellent service. If you have any cause for complaint you should, in the first instance, contact:

The Coal Authority,
Property Search Services,
200 Lichfield Lane,
Mansfield,
Nottinghamshire,
NG18 4RG
Telephone: 0345 762 6848
Email: groundstability@coal.gov.uk

Please quote the property search reference number.

61. If the matter is not resolved to your satisfaction, please write to:

Quality Assurance and Compliance Officer,
Property Search Services,
The Coal Authority,
200 Lichfield Lane,
Mansfield,
Nottingham,
NG18 4RG.

62. You may also have a right to referral to the Parliamentary Ombudsman:

The Parliamentary and Health Service Ombudsman,
Millbank Tower,
Millbank,
London,
SW1P 4QP.
Telephone: 0345 015 4033
Fax: 030 061 4000
Email: phso.enquiries@ombudsman.org.uk Web: www.ombudsman.org.uk

63. If you would like to make a complaint about our licensing activity under the Information Fair Trader Scheme in the first instance, contact:

Principal Manager - Information Management,
The Coal Authority,
200 Lichfield Lane,
Mansfield,
Nottinghamshire,
NG18 4RG.
Telephone: 0345 762 6848
Email: groundstability@coal.gov.uk

If the matter is not resolved to your satisfaction, please write to:

Quality Assurance and Compliance Officer,
Property Search Services,
The Coal Authority,
200 Lichfield Lane,
Mansfield,
Nottingham,
NG18 4RG.

You may also have a right to referral to the Office of Public Sector Information

Making a complaint under the PSI Regulations

The procedures for investigating complaints under the Re-use of Public Sector Information Regulations 2005 apply to all IFTS members, including volunteers to the scheme. If you would like to make a complaint about something which falls within the scope of the Regulations, please follow the process set out in the PSI complaints procedure at www.nationalarchives.gov.uk/information-management/re-using-public-sector-information/complaints-about-re-use/psi-complaints/

Making a complaint under the Information Fair Trader Scheme (IFTS)

Some elements of the IFTS commitment fall outside the scope of the Regulations. One example of this difference is that IFTS requires members to maximise the re-use of all information, unless there is a very good reason to justify refusal whereas the Regulations state that a public sector body may permit re-use. To make a complaint under IFTS please follow the process set out in the IFTS complaints procedure at www.opsi.gov.uk/ifts

64. Enquiries are made and the replies prepared in accordance with the Coal Authority's, Cheshire Brine Subsidence Compensation Board's and the British Geological Survey's Terms and Conditions 2006 (as amended from time to time), User Guide 2006 and the Law Society's Guidance Notes 2006. These are available by contacting the Coal Authority's Customer Service Team on 0345 762 6848 or by email to groundstability@coal.gov.uk. These terms and conditions apply regardless of the method used to order and receive Reports.

65. In addition to the above Clause 64, enquiries made and replies prepared for the non-CON29M element of Combined Reports are in accordance with the terms and conditions of the third party data provider.

Terms and Conditions for the Provision of Ground Stability Reports

66. Notwithstanding the foregoing, ground stability reports will be issued subject to the additional terms and conditions set out below in paragraphs 63 to 93 inclusive. A copy of these terms will be appended to each ground stability report.

Definitions:

67. In these Terms the following words have the following meanings:

"BGS" means the British Geological Survey of Kingsley Dunham Centre, Keyworth, Nottingham, NG12 5GG, a component organisation of the Natural Environment Research Council;

"Customer" means the person, firm or company placing the Order, either on its own behalf as User or as agent for a User;

"Guidance" means the relevant current version of the Guidance Notes and User Guide for the Report.

"Notice/s" means a notice in writing delivered by first class post to the Authority's address, or, to the Users ordinary trading address (as appropriate). Email alone will not satisfy this requirement unless expressly allowed by these Terms and Conditions or otherwise agreed between the parties in writing.

"Order" means any request for a Report made by the Customer;

"Property" means the address or location specified by the Customer in the Order;

"Report" means a ground stability report (in printed, electronic or any other form) which combines information on coal mining, brine subsidence claims (England & Wales only) and natural ground movement which has been prepared by the Coal Authority in respect of the Property using data from, amongst others, the Suppliers and to which these Terms apply;

"Supplier(s)" means all or any of the Coal Authority and/or BGS;

"these Terms" means these terms and conditions, incorporating the Guidance (if and to the extent of any conflict between these Terms and the Guidance, the provisions of these Terms will prevail);

"User(s)" means the person or persons so described in Clause 81;

"Website" means the Coal Authority's website for the provision of the Reports service (currently www.groundstability.com).

Terms:

68. These Terms apply to the provision of Reports by the Coal Authority to the Customer and/or the User.

69. The Customer and the User agree that the placing of an Order indicates their acceptance of these Terms.

70. These Terms shall apply to the exclusion of all other terms and conditions.

71. The Coal Authority reserves the right to change these Terms from time to time with immediate effect and without prior notice. Any changes to these Terms will be displayed on the Website. Placement of Orders through all electronic channels after any such variation will be deemed to be an acceptance of these Terms as amended in respect of Reports which are provided in response to Orders placed after the variation is made.

72. Where the Customer is acting as an agent for a User, the Customer will provide a copy of the Report and these Terms to the User.

Limitations of the Report

General

73. The Report is prepared with reasonable skill and care from records available to the Authority, but has a number of limitations which are set out in these Terms which the Customer and the User acknowledge and accept when relying on it.

Sources of Information

74. The Report has been prepared by the Coal Authority using information held by the Authority, together with information supplied to it by BGS. The Report is based on, and is limited to:

  • the specific features identified in the Report, as more particularly described in the Guidance; and
  • each Supplier's interpretation of the records it holds relating to the particular features for which the Report states that the Supplier is responsible (and, in the case of information from BGS, as provided to the Coal Authority) at the time the Report is prepared.

The Customer and the User therefore acknowledge and agree that the records used to prepare the Report do not represent an exhaustive or comprehensive list of all records that may exist or may be available for the Property. The Customer and the User also acknowledge that no physical inspection of the Property has or will be carried out in the preparation of the Report.

Without prejudice to the generality of Clause 74:

  • (a) information from the Coal Authority is based on records in its possession relating to coal mining activity. There may be information held by others on historical coal mining, and information on other types mining, which is not searched as part of the Report;
  • (b) information from BGS relates solely to the following six natural ground stability hazards: shrinkable clay; running sand; compressible deposits; collapsible deposits; landslide activity; and soluble rocks. It does not cover any other geological hazards, or man-made hazards (such as contaminated land). BGS may hold data on other geological hazards and features that may affect the Property which are not searched as part of the Report and consequently the Report should not be taken as a guarantee that there are no other geological hazards or other issues affecting the Property; and
  • (c) information from BGS is prepared using the BGS GeoSure database which is based on 1:10,000 scale geological mapping reduced to 1:50,000 scale. The Customer and the User therefore acknowledge that BGS may be able to provide a more specific and detailed interpretation relating to the geological conditions and ground stability at the Property than that which is included in the Report. A more detailed interpretation is available via the BGS GeoReports service on the BGS website.

75. The information from the Suppliers may be derived from records from a number of disparate sources which vary in age, quantity and quality. Such records may include material donated to the Suppliers by third parties, which may not have been subject to any verification or other quality control process.

76. Raw data used to prepare the Reports may have been transcribed from analogue to digital format, or may have been acquired by means of automated measuring techniques. Although such processes are subjected, where possible, to quality control to ensure reliability, some raw data may have been processed without human intervention and may in consequence contain undetected errors.

77. The records available to the Suppliers are constantly being updated. The Suppliers cannot be responsible to the Customer or Users for any changes in the information on which the Report is based which occur after the date on which the Report is prepared. Where this Report is for a residential property, insurance is included to cover loss in property value caused and arising from these circumstances. The Report includes a policy and key facts summary which outlines the significant features, benefits and limitations of the cover provided. The full terms, conditions and exclusions are shown in the policy document.

Maps

78. The Customer and the User must take all reasonable steps to check that the details in the Order are correct and that the Report provided by the Coal Authority has been prepared for the correct location and property type, and that the boundaries of the Property as shown in the Report's plan correspond with those of the Property. Any discrepancies between the Order and the Report must be notified to the Coal Authority within 28 days after the issue date of the Report and Coal Authority will, in the case of error by the Coal Authority, issue a revised Report free of charge; otherwise a new Report should be ordered with payment of the appropriate fee.

79. The Property has been located using Ordnance Survey ("OS") mapping. The Suppliers do not warrant that the OS information is complete or accurate and accept no liability for the plotted position of the Property as shown on OS maps. Further, the relative position between surface features and coal mining and other geological features may differ between OS maps and the Suppliers' maps used to prepare the Report, depending upon when the Suppliers' maps were prepared.

80. The plan or plans accompanying the Report must not be enlarged otherwise the accuracy will be affected.

Reliance on the report

Who may rely on the Report:

81. Only the following persons ("Users") may rely on the Report:

  • the owner of the Property at the time the Report is prepared;
  • any purchaser of the whole of the Property from the owner described in a above; and
  • any person who provides funding to the persons in (a) or (b) above which is secured on the whole of the Property.

Such reliance will be subject to the provisions of Clauses 83 and 90 to 93 (inclusive).

Extent of Reliance:

82. The Report has been prepared for use by the Users only and the Report should not be relied upon by any other third party.

83. Customers or Users may not act in reliance upon the Report (either by purchasing the Property, providing funding secured on the Property or carrying out any works on or affecting the Property) more than ninety (90) days after its date of issue.

In the event that new mine entry information becomes available to the Authority within 90 days of the issue of a CON29M report the Authority will notify the customer, as soon as reasonably practicable, informing them of the change and the nature of the change.

84. The Report gives an indication of whether ground movement could occur at the Property. This does not necessarily mean that the Property is or will be affected by ground instability. Such an assessment can only be made by inspection of the Property by a qualified professional, such as a surveyor or engineer. The Report DOES NOT therefore:

  • include any information or warranty relating to the actual state, or the structural or other condition, of the Property;
  • determine the saleability or value, or the safety, of the Property;
  • indicate the suitability of the Property for any particular purpose (including, without limitation, its suitability for development (within the meaning of section 55 of the Town and Country Planning Act 1990 as amended) or any building, excavation or landscaping work); or
  • act as a substitute for any physical inspection, specialist interpretations and/or professional advice.

85. No representations, warranties or terms (whether express or implied by statute, common law, custom, trade usage, course of dealing or otherwise) are given in relation to the Report unless they are expressly set out in these Terms, save to the extent that such terms cannot be excluded by law.

Use of the Report

86. The Customer and the User acknowledge that the Report is confidential and that it is intended for the purposes of the User only. Accordingly the Customer and the User agree that they are permitted to use and copy the Report for these purposes only.

87. The Customer and the User (or any person who is provided with a copy of the Report) will not:

  • remove, obliterate or alter any trade mark or any copyright or other proprietary notice which is contained in the Report;
  • reformat or otherwise change, add to or enhance the Report, or combine it with or incorporate it into any other information, data or materials; or
  • create any product which is derived directly or indirectly from the data contained in the Report; or
  • resell the Report (other than in the case of a bona fide legal adviser recharging the cost of the Report as a disbursement) unless this has been specifically authorised in writing by the Coal Authority

88. The copyright and all other intellectual property rights in the Report will remain the property of the Suppliers or other third parties (as appropriate). Neither the Customer nor the User will acquire any rights in respect of the Report other than as expressly provided in these Terms.

Events Beyond the Suppliers Control

89. A Supplier will not be liable to the Customer or the User for any delay or failure in performance of its obligations which result from circumstances beyond its reasonable control (including, without limitation, fire, explosion, flood, tempest, unusually adverse weather conditions, war, hostilities, riot, acts of terrorism, failure or shortage of power supplies, telecommunications or processing failure or computer malfunction) or the acts or omissions of any person for which a Supplier is not legally responsible.

Liability

90. The Report has been prepared for the Property on the basis of information on the Property's location and type provided by the Customer and/or the User, and consequently the Suppliers exclude all liability which may arise from any errors or omissions in the information so provided or from any failure to check for discrepancies pursuant to Clause 78.

91. The Report has been prepared specifically for the Property, and on the basis of the property type specified in the Order. Under no circumstances will the Suppliers be liable if a Report is relied on for any other property, or if a Report on a residential property is used for a non-residential or commercial property or for the development of the Property, and vice versa.

92. Except in the circumstances described in Clause 91 the total liability of the Suppliers to the Customer and the User arising from an error in the Report caused by negligence, breach of contract or in any other way will be limited to:

  • a) the reasonable costs of carrying out necessary remedial work on the Property reasonably promptly; or
  • b) the difference between the true market value of the Property and the market value of the Property on the basis of the Report at the time of reliance on the Report in accordance with these Terms.

93. Except in the circumstances described in Clause 94 in these terms and conditions or to the extent that a Supplier is found to be liable for the losses described in Clause 92 (a) or (b) arising from an error in the Report, the Supplier will not be liable to the Customer or the User for: loss of business, goodwill, profits or savings, loss of use or opportunity, lost or wasted staff time or for any indirect or consequential loss (whether arising from negligence, breach of contract or in any other way) even if the Customer or User was advised of or knew of the likelihood of that loss or type of loss arising.

CON29M and No Search Certificate Constituent Parts

94. References made to Reports also apply to Constituent parts except where specific reference is made to the Constituent parts.

95. CON29M Constituent parts means all answers provided in a CON29M equivalent report for incorporation into third party products. These constituent parts cannot be disassembled, modified or paraphrased in any way.

96. No Search Certificate Constituent parts means all answers provided in a No Search Certificate equivalent report for incorporation into third party products. These constituent parts cannot be disassembled, modified or paraphrased in any way. For the avoidance of doubt any requirements for provision of any plans associated with the consumption of No Search Certificate constituent parts are at the discretion and responsibility of third parties.

97. Insurance will not be provided by the Authority for any products derived from the CON29M constituent parts used. Responsibility on the requirement and provision of insurance lies with third parties.

98. The Authority will not provide any mapping or mapping products in the provision of CON29M and No Search Certificate constituent parts. It is the responsibility of third parties to determine and provide any requirements in this regard.

Confidentiality

99. The Customer and the User acknowledge and agree that all documentation (whether provided in paper, electronic or other form) relating to the adoption and use of the services provided under these Terms and Conditions (including, without limitation, under the Schedules) shall be treated as confidential at all times and shall not be reproduced, shared with, transferred, divulged or disclosed (in whole or in part) to any person or entity (other than to employees of the Customer or User or to their external advisers or consultants themselves subject to a duty of confidentiality in identical terms to that contained in this Clause 99) without the express prior written consent of the Authority.

General

100. In these Terms:-

  • the headings are for ease of reference only and do not affect their interpretation or construction
  • use of the singular includes the plural and vice versa, and use of any gender includes the other genders.

101. The benefit of these Terms cannot be assigned or transferred by the Customer or the User without the Suppliers' prior written consent. The Suppliers may assign any or all of their rights and obligations under these Terms without prior notice.

102. These Terms (together with the Order and the Guidance) represent the entire agreement relating to the supply of the Report and the relationship which that supply creates between the Suppliers and Customers and Users. No prior statement, representation or arrangement of any nature (whether written or oral) will add to, vary or waive terms of this agreement and the Customer and the User acknowledge that they have not relied on any statement or representation made by or on behalf of the Coal Authority or any other Supplier in agreeing to enter into this agreement. Nothing in this Clause 102 will operate to limit or exclude liability for fraud.

103. The illegality or invalidity of any part of these Terms will not affect the legality or validity of the remainder of these Terms.

104. Except to the extent that these Terms confer benefits on the Suppliers and the Users, no third party is entitled to the benefit of these Terms under the Contracts (Rights of Third Parties) Act 1999.

105. Should the enquirer or user of the search believe there to be any personal or financial connection between the Coal Authority as provider of the ScotForm (2006) search report, the Coal Authority and Brine Board as provider of the CON29M (2006) search, and the Authority, Brine Board and the British Geological Survey in the case of ground stability reports, and any other person involved in the sale of the subject property, they should make this known to us.

106. These Terms are governed by English law. The English courts (where the Property is situated in England or Wales) and the Scottish courts (where the Property is situated in Scotland) have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with them.

107. The Data Controller for the channel is the Coal Authority. Any information provided to the Coal Authority will be held securely and in accordance with the Data Protection Act 1998. Your personal details will not normally be disclosed to third parties. In some circumstances, however, we may need to disclose your personal details to a third party so that they can provide a service you have requested, or fulfil a request for information. Any information about you that we pass to a third party will be held securely by that party, in accordance with the Data Protection Act 1998, and used only to provide the services or information you have requested. The Coal Authority's online Property Search Service (www.groundstability.com) uses cookies in order to run the application but these are not permanent cookies and expire after you have left the site. Contact name, address and email information is gathered from you for use in the production of a coal mining report only. This information is not disclosed to third parties and is stored on a secured server. Card payment details are not gathered by the Coal Authority but are dealt with entirely by the WorldPay service.

108. Knowledge Base refers to a database used for knowledge sharing and management.

109. XML is a markup language that defines a set of rules for encoding documents in a format which is both human-readable and machine-readable.

110. XSD formally describes the elements in an XML document.

These terms are available in larger print for those with impaired vision

SCHEDULE 1 - Use of B2B Gateway

Unless otherwise specified, the following terms applies to both Test and Live environments.

Customer Obligations

1.1. You shall agree to:

  • Use the B2B Gateway for the purposes set out by the Coal Authority and in such a way as to NOT adversely affect or corrupt any system used by the Coal Authority.
  • Access the B2B Gateway as an account user. A single B2B account user will be created [for an account] by the Coal Authority with a default password which you will be required to change before using the system.
  • The monitoring of your transactions to verify your compliance with this agreement.
  • To notify the Coal Authority immediately of any known or suspected breaches of security in your systems and/or software that could adversely affect the operation of the B2B Gateway.
  • Make all B2B Gateway requests using the methods, formats and rules set out in the supporting technical documentation; specifically ensuring that every order request submitted will always be preceded by a request for a report product list for the same enquiry boundary and that the geography supplied in both cases will be a single polygon (except the Mine Entry Interpretive Report which allows two polygons) or linear feature.
  • Provide either a static IP address or range of IP addresses that you will use to access the B2B Gateway and notify the Coal Authority giving 30 day's notice of any changes to these addresses. The use of IP addresses that have not been notified to the Coal Authority may result in suspension and/or permanent removal without notice of the use of the B2B Gateway.

1.2. You shall not:

  • Use the Coal Authority supplied B2B Gateway account user name for any other purpose than for the use of the B2B Gateway.
  • Access or retrieve Coal Authority data or systems that you are not permitted to use.
  • Allow unauthorised access to the B2B Gateway by users or machines through your equipment including (but not limited to) automated agent software.
  • Share or disclose account user usernames or passwords.
  • Share documentation, test data or results with unauthorised users or third parties.

Breach of Agreement

1.3. You are required to immediately contact the Coal Authority where you suspect or know if this agreement has been breached.

1.4. The Coal Authority reserves the right to suspend and/or permanently remove without notice use of the B2B Gateway from you if you are deemed to have breached this agreement.

Customer On-Boarding

1.5. You shall agree to:

  • Sign and return a copy of the Terms and Conditions.
  • Have implemented the necessary systems and/or software to supply geography in a format specified by the Coal Authority and have the infrastructure required to consume automated XML services.
  • Be an account holder with a valid credit account that is neither suspended nor blacklisted.
  • Abide by the timescales defined for the on-boarding process (such as development, testing and go-live windows) as set by the Coal Authority. Failure to meet these timescales could result in the on-boarding process being delayed for customers.

1.6. The Coal Authority reserves the right to manage the on-boarding of customers in a phased approach. Selection of customers for specific phases will be based on the readiness and capability of the customer to engage the on-boarding process. This will be determined by the Authority.

1.7. You will only be accepted for the Live environment when:

  • You have executed Coal Authority supplied tests and these test results have been validated by the Coal Authority. The Coal Authority reserves the right to charge you (subject to confirmation) where your test results fail validation and the process has to be repeated.
  • The necessary Coal Authority resources are available and a date for the use of the Live environment has been agreed with the Coal Authority.

Service Outages

1.8. The Coal Authority reserves the right to suspend access to the B2B Gateway without notice for the purposes of investigation, repair, maintenance and support.

1.9. The Coal Authority will on a reasonable endeavours basis notify you by email of any planned outages as long as you have supplied two current email contacts.

1.10. The Coal Authority will not be responsible for any losses of whatever nature and however arising due to the unavailability of the B2B Gateway.

Support

1.11. You will be supported on a reasonable endeavours basis which is subject to demand.

1.12. The Coal Authority reserves the right at its own absolute discretion to determine the priority, remedy and resolution times for all incidents raised by you.

1.13. You should raise all queries through the Customer Services Centre on 0345 762 6848.

1.14. Supported hours are 9am until 5pm Monday to Thursday and 9am until 4:30pm on Fridays excluding bank holidays or service unavailability days as determined by the Coal Authority.

Changes to B2B Gateway

1.15. The Coal Authority reserves the right to change the specification of/or access to the B2B Gateway as it deems necessary and accepts no liability for any loses to you as a result.

1.16. The Coal Authority reserves the right to make previous versions of the B2B Gateway system unavailable [from any environment] providing notice of such to you on a reasonable endeavours basis as long as you have supplied two current email contacts.

1.17. You consent to undertake any additional testing as required by the Coal Authority as a result of any system changes.

Fair Usage

1.18. Fair usage rules will be system enforced for each customer in the form of transaction limits applied to your account. You shall agree to:

  • The allocation of a daily transaction limit to your account as determined by the Coal Authority. If this limit is exceeded then you will be prevented from requesting further property searches or report orders through the B2B Gateway until the count is reset to 0 on 24:00 hours on the same calendar day.
  • To allow the Coal Authority to change daily transaction limits as it requires and without notice.
  • Notify the Coal Authority through its Customer Service Centre when you expect order volumes to increase by 10% or more, giving up to 30 working days' notice to the Authority.
  • Submit duplicate requests (i.e. Mining report status system calls) at timed intervals which are no less than stipulated in the supporting system technical documentation. Duplicate requests received before the timed interval will be rejected by the system and unless remedied in your system and/or software would be considered a breach of conditions of use (see 1.4).
  • The suspension or removal of your B2B account user should you submit zero requests within any six month period. Re-activation will be at the discretion of the Coal Authority and may involve on-boarding you again which could be subject to charge.

Fees and Charges

1.19. Fees and charges for reports ordered through the B2B Gateway will be published on GroundStability.com.

1.20. Reports ordered through the B2B Gateway will be included as part of your normal monthly invoice.

Testing

1.21. You shall agree to:

  • The execution only of Coal Authority supplied test scripts and data unless previously authorised by the Coal Authority.
  • Use the environment supplied by the Coal Authority for testing
  • Conduct testing within the timeframes defined by the Coal Authority and with our prior approval before starting
  • Only use the test system for purposes of testing and never as a replacement for the Live service or as a means of validating your own data sets
  • Destroy any test output (PDF or XML versions of the reports) once testing is complete.

Auditing

1.22. You shall provide evidence of compliance with your obligations under this Agreement, if requested by the Coal Authority.

1.23. You will maintain accurate and complete records of your transactions through the B2B Gateway for a period of 7 years. The Coal Authority and/or our representatives have the right on reasonable notice during business hours to enter your premises to inspect and audit your systems, operations and all supporting documentation to ensure your compliance with the Agreement and to take copies of any necessary records. You shall, at your expense, make appropriate employees and facilities available to provide us with all reasonable assistance to enable such inspection, auditing and copying to take place.

1.24. You will comply with reasonable measures stipulated by the Coal Authority as a result of any audit.

SCHEDULE 2 - Use of CON29M and No Search Certificate Constituent Parts

Customer Obligations

2.1. You shall agree to:

  • Use the textual elements (as denoted in the XSD by the 'SectionList' element within its start and end tags) of any report returned in XML format as a complete set and in the textual order the parts appear in the XML output.
  • Use the geographical elements (as denoted in the XSD by the 'PlotList' element within its start and end tags) of any report returned in XML format as a complete set.
  • Ensure that the consumption of the Con29M report constituent parts in your report(s) is in accordance with the rules defined by the Law Society.
  • Only store the contents of the XML output for the purposes of reproducing the report in its original format
  • Provide on request examples of any of your reports for review by the Coal Authority

2.2. You shall not:

  • Use the output from any single order request in more than one report
  • Use the output for any other purpose but the inclusion in a single instance of your report
  • Store/use the contents of the XML output for (but not limited too):
    • The creation of a knowledge base of any type or for any purpose.
    • Resale of this information.
    • The inclusion in any other product offered by you.

2.3. The Authority will not provide any mapping or mapping products in the provision of CON29M and No Search Certificate constituent parts. It is the responsibility of third parties to determine and provide any requirements in this regard.

Coal Authority Logo(s) and Copyright

2.4. The Coal Authority shall have no liability whatsoever and you shall indemnify and hold harmless the Coal Authority against all claims, damages, liability, losses, costs and expenses, including all legal fees, arising out of any breach or non-observance by you of any of the obligations set out in Clauses 2.1 and 2.2 above.

2.5. You are required to use any Coal Authority supplied logo(s) in your reports and its use must strictly adhere to the rules defined in the style guide. This guide is available on request from the Coal Authority.

2.6. All material of whatever nature generated by the Coal Authority and reproduced in CON29M reports or in No Search Certificates shall be subject to Clause 10 of the Terms and Conditions and shall include at the end of the textual elements the form of acknowledgment of copyright set out in Clause 10 using a font and font size which is clearly legible in both electronic and printed forms.

Report Review

2.7. The Coal Authority reserves the right to review the use of our data (content and presentation) in your reports and where the Authority considers its use contrary to this agreement reserves the right to withdraw the use of the service until all necessary changes as required by the Authority have been made by you.