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Opencast Coal Act 1958

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Part IIE+W+SOther land

8(1)The provisions of this paragraph shall have effect where—E+W+S

(a)the land comprised in a compulsory rights order consists of or includes land falling within paragraphs (a) and (b) of subsection (1) of section thirty of this Act, and

(b)the tenancy under which the tenant could have claimed compensation for the improvements terminates on or after the date of entry, but before the end of the period of occupation.

(2)In the circumstances specified in the preceding sub-paragraph, the provisions of the Act of 1927 as to compensation for improvements—

(a)shall apply, in relation to that tenancy, as if at the termination thereof the land in question were in the state in which it was immediately before the date of entry, and

(b)if the tenant under that tenancy quitted the holding before the termination of his tenancy, shall so apply as if he had quitted the holding on the termination of his tenancy.

(3)Subsection (5) of section thirty of this Act shall apply for the purposes of this paragraph with the substitution, for references to subsection (2) of that section, of references to the last preceding sub-paragraph.

(4)In this Part of this Schedule “the Act of 1927” means the M1Landlord and Tenant Act 1927, and “improvement” includes the erection of a building.

Marginal Citations

9(1)The provisions of this paragraph shall have effect where land comprised in a holding to which Part I of the said Act of 1927 applies is comprised in a compulsory rights order (whether any other land is comprised in the holding, or comprised in the order, or not), and—E+W+S

(a)the tenancy under which that holding was held immediately before the operative date continues until after the end of the period of occupation, and

(b)before the operative date improvements (in this paragraph referred to as “the former improvements”) had been carried out on the land in question, and

(c)at the end of the period of occupation the circumstances are such that compensation would be payable in respect of the former improvements under section thirty of this Act, but for the fact that the benefit of those improvements has been replaced, on the restoration of the land, by works (in this paragraph referred to as “the new improvements”) of comparable benefit to the land.

(2)In the circumstances specified in the preceding sub-paragraph, the provisions of Part I of the said Act of 1927 as to compensation for improvements shall apply to the new improvements as if they had been carried out by the person who carried out the former improvements.

10Where a compulsory rights order comprises the whole or part of a holding to which section twenty-nine of this Act applies, and after the end of the period of occupation the tenant carries out improvements thereon, and, in respect of expenses incurred in carrying out those improvements, is entitled to compensation under section twenty-two of this Act as applied by section twenty-nine of this Act, those improvements shall be treated for the purposes of the Act of 1927, and for the purposes of Part II of the M2Landlord and Tenant Act 1954, as if they had been carried out by the landlord.

Marginal Citations

11(1)Where a holding to which Part I of the Act of 1927 applies consists of or includes land which was comprised in a compulsory rights order, and after the end of the period of occupation the landlord proposes to carry out any such work as is mentioned in paragraph (b) of subsection (1) of section twenty-two of this Act, the landlord or any person authorised by him may at all reasonable times enter upon the holding for the purpose of carrying out that work.E+W+S

(2)Nothing in the preceding sub-paragraph shall affect any right exercisable by virtue of section ten of the Act of 1927 (which confers rights of entry for the purposes therein mentioned).

12(1)The provisions of this paragraph shall apply where—E+W+S

(a)immediately before the operative date of a compulsory rights order, any of the land comprised in the order was subject to a tenancy, but [F1was not comprised in a tenancy in relation to which the Act of 1986 applies or in a farm business tenancy], and

(b)the tenancy continues until after the end of the period of occupation.

(2)The landlord or the tenant of the holding may, by notice in writing served on his tenant or landlord, demand a reference to the court of the question whether any of the terms and conditions of the contract of tenancy (including any term or condition as to rent) should be varied in consequence of any change in the state of the holding resulting from the occupation or use of the land in the exercise of rights conferred by the compulsory rights order.

(3)On a reference under this paragraph the court shall determine what variations (if any) should be made in the terms and conditions of the contract of tenancy, as mentioned in the last preceding sub-paragaph, and the date (not being earlier than the end of the period of occupation) from which any such variations are to take effect or to be treated as having taken effect; and as from that date the contract of tenancy shall have effect, or, as the case may be, shall be treated as having had effect, subject to any variations determined by the court under this paragraph.

(4)In this paragraph “the court” means the court exercising, in accordance with the provisions of section sixty-three of the M3Landlord and Tenant Act 1954, the jurisdiction conferred on the tribunal by Part I of the M4Landlord and Tenant Act 1927; and the provisions of the said section sixty-three shall apply, in relation to references under this paragraph, as they apply in relation to matters which, by virtue of the said Part I, are required to be determined by the tribunal thereunder.

Textual Amendments

F1Words in Sch. 7 para. 12(1)(a) substituted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 20(12) (with s. 37)

Marginal Citations

13The provisions of the last preceding paragraph shall apply in relation to mortgages as they apply in relation to contracts of tenancy, as if any reference to such a contract, or to a tenancy [F2(other than a reference to a tenancy in relation to which the Act of 1986 applies or a farm business tenancy)], were a reference to a mortgage, and any reference to a landlord or to a tenant were a reference to a mortgagee or to a mortgagor, as the case may be.

Textual Amendments

F2Words in Sch. 7 para. 13 inserted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 20(13) (with s. 37)

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