SCHEDULES

SCHEDULE 2 E+W Minerals

Modifications etc. (not altering text)

C1 Sch. 2 excluded by Water Act 1989 (c. 15, SIF 130), s. 159, (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

Sch. 2 excluded (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss.182, 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

C2 Sch. 2 incorporated (with modifications) (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 22 (with arts. 40, 41, Sch. 12 Pt. 1 paras. 4 9(2), 10, Pt. 2 paras. 4(2)(3), 19, Pt. 4 paras. 3, 4, 16)

Part I E+W

Modifications etc. (not altering text)

C5 Sch. 2 Pts. 1-3 applied (with modifications) (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts. 1, 22 (with art. 33)

1 (1) A compulsory purchase order may, as respects all or any of the land to which the order relates, provide for the incorporation with the compulsory purchase order of— E+W

(a) Part II of this Schedule (which re-enacts section 77 of the Railways Clauses Consolidation Act 1845), or

(b) Parts II and III of this Schedule (which together re-enact sections 77 to 85 of that Act).

(2) In this Schedule, unless the context otherwise requires—

• “mines” means mines of coal, ironstone, slate and other minerals,

• “owner”, in relation to mines or minerals, includes a lessee or occupier.

(3) In this Schedule “underlying”, in relation to mines or minerals, means mines or minerals lying under, or within the prescribed distance from, the undertaking, and in this sub-paragraph “prescribed distance” means the distance prescribed by the compulsory purchase order, or if no distance is so prescribed, 40 yards.

(4) In this Schedule “the undertaking” means the undertaking which the acquiring authority is authorised to carry out by the enactment under which the purchase is authorised, but the compulsory purchase order may include such modifications of references in this Schedule to the undertaking as may be specified in the order.

(5) This Schedule has effect subject to [F1 section 10(3) of the Coal Industry Act 1994] (coal not to be alienated under enactments authorising compulsory purchase of land).

Textual Amendments

F1 Words in Sch. 2 para. 1(5) substituted (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 27(3) (with s. 40(7)); S.I. 1994/2553, art. 2

Modifications etc. (not altering text)

C6 Sch. 2 para. 1(3) modified by Dartford–Thurrock Crossing Act 1988 (c. 20, SIF 59), s. 2(5), Sch. 2 Pt. II para. 4(2)