Opencast Coal Act 1958

5 (1) Where the land comprised in a compulsory rights order consists of or includes the whole or part of an agricultural holding [F1 held under a tenancy in relation to which the Act of 1986 applies] , [F2 section 10 of the Act of 1986] (which relates to the removal of fixtures and buildings) shall have effect in relation to the holding subject to the following provisions of this paragraph. E+W+S

(2) In relation to the service of a notice by the tenant on or after the operative date of the order, in respect of a fixture or building on a part of the holding which is within the land comprised in the order, paragraph (b) of [F3 subsection (3)] of that section (under which the tenant is required to give at least one month’s notice of his intention to remove a fixture or building) shall apply with the substitution, for the words “one month”, of the words “fourteen days”.

(3) Where the tenant has given to the landlord notice under the said [F4 subsection (3)] (or under that subsection as modified by the last preceding sub-paragraph) of his intention to remove a fixture or building on a part of the holding which is within the land comprised in the order, and that notice is given on or after the operative date of the order, or, if given before that date, expires on or after that date, [F4 subsection (4)] of that section (under which the landlord can elect to purchase a fixture or building which the tenant has signified his intention of removing) shall not apply to that fixture or building.

(4) The last preceding sub-paragraph shall have effect in relation to a notice served before the operative date of the order notwithstanding that the landlord has given a counter-notice in respect of the fixture or building before the operative date.

(5) In this paragraph any reference to [F5 section 10 of the Act of 1986] includes a reference to the provisions of that section as extended by [F5 sub-section (3) of section 79] of that Act (which relates to market gardens).

Textual Amendments

F1 Words in Sch. 7 para. 5(1) inserted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), SCh. para. 20(8) (with s. 37)

F2 Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 33(6)(a)

F3 Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 33(6)(b)

F4 Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 33(6)(c)

F5 Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 33(6)(d)