Coal Industry Act 1975

SCHEDULES

Section 2.

SCHEDULE 1 E+W+S Supplementary Provisions Relating to Right to Withdraw Support

F1 1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 paras. 1-4 repealed (30. 11. 1991) by Coal Mining Subsidence Act 1991 (c. 45), s. 53(2), Sch.8 (with s. 37(4), Sch. 7); S.I. 1991/2508, art.2.

F2 2 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 1 paras. 1-4 repealed (30. 11. 1991) by Coal Mining Subsidence Act 1991 (c. 45), s. 53(2), Sch.8 (with s. 37(4), Sch. 7); S.I. 1991/2508, art.2.

F3 3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 1 paras. 1-4 repealed (30. 11. 1991) by Coal Mining Subsidence Act 1991 (c. 45), s. 53(2), Sch.8 (with s. 37(4), Sch. 7); S.I. 1991/2508, art.2.

F4 4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 1 paras. 1-4 repealed (30. 11. 1991) by Coal Mining Subsidence Act 1991 (c. 45), s. 53(2), Sch.8 (with s. 37(4), Sch. 7); S.I. 1991/2508, art.2.

5 (1) Subject to sub-paragraph (2) below, on an application under section 7 of the M1 Mines (Working Facilities and Support) Act 1966 (imposition of restrictions on the working of minerals where a person having an interest in land is not entitled to support or to sufficient support for buildings or works), the applicant shall not be required to pay or give any compensation or consideration in respect of the imposition of restrictions appearing to the court to be justified by the existence of the right to withdraw support conferred on the [F5 Corporation] by section 2 of this Act.

(2) Sub-paragraph (1) above shall not apply in any case falling within subsection (5)(a) of section 2 of this Act and shall not apply in any other case, other than one falling within subsection (5)(b) of that section, unless the application is sent to the Secretary of State before the end of the period of six months beginning with the date of the first publication of a notice under that section relating to the land to which the application relates or, in a case falling within subsection (6) of that section, the first publication of the notice under paragraph 6 of Schedule 2 to the M2 Coal Act 1938 referred to in that subsection.

(3) Notwithstanding anything in section 12 of the M3 Mines (Working Facilities and Support) Act 1966, restrictions the imposition of which appears to the court to be justified as mentioned in sub-paragraph (1) above may be imposed under section 7 of that Act on the application of, and so as to vest the right to enforce the restrictions in, any such company, authority or body as is mentioned in section 12; and such restrictions may be so imposed on the application of, and so as to vest the right to enforce the restrictions in, any company or other body or person carrying on an undertaking primarily for the supply of gas, electricity, water or hydraulic power for public purposes or to members of the public.

Textual Amendments

F5 Sch. 1 para. 5: for "Board" and "Board's" wherever they occur in the Act (with specified exceptions) there is substituted "Corporation" or "Corporation's" by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 28(2).

Modifications etc. (not altering text)

C1 Sch. 1 para. 5(3) amended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 22

C2 Sch. 1 para. 5(3) amended by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 50 (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 16(2), 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1), 17, 40(4), 57(6), 58)

Marginal Citations

M1 1966 c. 4.

M2 1938 c. 52.

M3 1966 c. 4.

Section 3.

SCHEDULE 2 E+W+S Retained Interests: Notices and Compensation

1 The provisions of this Schedule apply where a person (in this Schedule referred to as “the claimant”) gives to the [F6 Corporation] notice of a retained interest as mentioned in section 3(3)(b) of this Act (in this Schedule referred to as a “retained interest notice”).

Textual Amendments

F6 Sch. 2 para. 1: for "Board" and "Board's" wherever they occur in the Act (with specified exceptions) there is substituted "Corporation" or "Corporation's" by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 28(2).

2 (1) Together with a retained interest notice given by him to the [F7 Corporation] the claimant shall furnish to the [F7 Corporation] adequate proof of his title to the interest at the time the notice is given.

(2) Within the period of three months beginning on the date on which the [F7 Corporation] receive a retained interest notice or within such longer period as may be agreed between the [F7 Corporation] and the claimant the [F7 Corporation] shall serve on the claimant either—

(a) a notice in the prescribed form accepting his title to the retained interest and acknowledging the obligation of the [F7 Corporation] to pay compensation in respect of it under section 3 of this Act; or

(b) a notice rejecting the claimant’s retained interest notice;

and in this Schedule a notice under paragraph (a) above is referred to as an “acceptance notice” and a notice under paragraph (b) above is referred to as a “rejection notice”.

(3) A rejection notice shall specify the ground or grounds on which the [F7 Corporation] reject the claimant’s retained interest notice.

Textual Amendments

F7 Sch. 2 para. 2: for "Board" and "Board's" wherever they occur in the Act (with specified exceptions) there is substituted "Corporation" or "Corporation's" by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 28(2).

3 Subject to paragraph 5 below, as soon as practicable after the [F8 Corporation] have served an acceptance notice on a claimant, the [F8 Corporation] shall pay to the claimant any reasonable legal expenses incurred by him for the purposes of—

(a) establishing his ownership of the retained interest to which the acceptance notice relates; and

(b) giving the retained interest notice by virtue of which the acceptance notice came to be served.

Textual Amendments

F8 Sch. 2 para. 3: for "Board" and "Board's" wherever they occur in the Act (with specified exceptions) there is substituted "Corporation" or "Corporation's" by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 28(2).

4 Subject to paragraph 5 below, where, after the receipt of a retained interest notice, the [F9 Corporation] have served an acceptance notice in respect of the retained interest concerned, the service of that acceptance notice shall be a valid ground for the service of a rejection notice in respect of any other retained interest notice received by the [F9 Corporation] after the first-mentioned notice and relating to any of the land in which subsists the retained interest in respect of which the acceptance notice was served.

Textual Amendments

F9 Sch. 1 para. 4: for "Board" and "Board's" wherever they occur in the Act (with specified exceptions) there is substituted "Corporation" or "Corporation's" by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 28(2).

5 (1) A claimant who—

(a) has served a retained interest notice relating to any land (in this paragraph referred to as “the relevant land”); and

(b) is aggrieved by the service on him of a rejection notice relating to his retained interest notice, other than a rejection notice served pursuant to an order under this paragraph,

may, within the period of 3 months beginning on the date of service of the rejection notice make an application to the county court for an order directing the [F10 Corporation] to withdraw the rejection notice and to serve an acceptance notice in respect of the retained interest which he claims.

(2) On an application under this paragraph, the court may direct that, in addition to the applicant and the [F10 Corporation], any other person who has given a retained interest notice relating to the whole or part of any of the relevant land shall be made a party to the application unless—

(a) the [F10 Corporation] have already served a rejection notice in respect of that person’s retained interest notice; and

(b) the time within which he might have made an application under this paragraph in respect of that rejection notice has expired without such an application having been made.

(3) On an application under this paragraph the court shall determine whether—

(a) the applicant, or

(b) any other party to the application who contests the applicant’s claim, or

(c) any other person (whether a party to the application or not) on whom the [F10 Corporation] have served an acceptance notice relating to the whole or any part of the relevant land,

was at the time he gave his retained interest notice entitled to a retained interest in the whole or any part of the relevant land and shall order the [F10 Corporation] (so far as they have not already done so) to serve an acceptance notice on that person or, if more than one of them were so entitled to a retained interest in the same piece of land, on that one of them whose retained interest notice was given first.

(4) An order under sub-paragraph (3) above may contain such provisions as the court considers appropriate to secure—

(a) that a rejection notice is or has been served on every party to the application (other than the [F10 Corporation]) on whom an acceptance notice is not ordered to be or has not been served; and

(b) that, where it appears to the court that an acceptance notice has been served which should not have been served, that notice is cancelled and that the [F10 Corporation] bring the cancellation to the notice of the person who, if the notice had not been cancelled, would for the time being have been entitled to receive compensation under section 3(4) of this Act in respect of the interest to which the acceptance notice related.

(5) If, in accordance with sub-paragraph (4) above, the court orders the cancellation of an acceptance notice, it shall be conclusively presumed for the purposes of section 3 of this Act and of the provisions of this Schedule other than this paragraph—

(a) that the person on whom the acceptance notice was served did not have a retained interest in the relevant land at the time he served his retained interest notice; and

(b) that the [F10 Corporation] served a rejection notice in respect of that retained interest notice.

(6) Nothing in paragraph 3 above shall affect the power of the court on an application under this paragraph (or in any subsequent proceedings) to make such order as to costs as it thinks fit; and any such order may make such modifications, if any, of the [F10 Corporation’s] obligation under paragraph 3 above as appear to the court to be just in the light of the other provisions as to costs contained in the order.

Textual Amendments

F10 Sch. 2 para. 5: for "Board" and "Board's" wherever they occur in the Act (with specified exceptions) there is substituted "Corporation" or "Corporation's" by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 28(2).

6 The person having the right to receive compensation under section 3(4) of this Act in respect of a retained interest to which an acceptance notice relates shall be the person on whom that notice was served, notwithstanding that he may not own the retained interest at the time when the compensation becomes payable and, accordingly, that right shall devolve on his death and may be assigned in like manner as the right of a creditor under an unsecured debt.

7 Notwithstanding anything in paragraph 6 above if, at the time at which compensation becomes payable in respect of a retained interest, the [F11 Corporation] pay compensation in good faith to the person who produces the acceptance notice relating to that interest, the surrender of that notice to the [F11 Corporation] by way of receipt for the compensation shall constitute an adequate discharge to the [F11 Corporation] of their liability to pay that compensation, without any further proof that the person producing the acceptance notice is entitled in accordance with paragraph 6 above to receive the compensation.

Textual Amendments

F11 Sch. 2 para. 7: for "Board" and "Board's" wherever they occur in the Act (with specified exceptions) there is substituted "Corporation" and "Corporation's" by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 28(2).

8 If at any time—

(a) after the [F12 Corporation] have served an acceptance notice in respect of a retained interest, and

(b) before the date on which compensation becomes payable in respect of that interest,

the [F12 Corporation] enter into an agreement in that behalf with the person who for the time being has the right to receive any such compensation, then, on payment to that person of such consideration as may be agreed, the [F12 Corporation] shall be relieved of any contingent liability under subsection (4) or subsection (6) of section 3 of this Act in respect of that retained interest; and where any such agreement is entered into, paragraph 7 above shall apply in relation to the payment of the consideration agreed as it applies in relation to a payment of compensation at the time referred to in that paragraph.

Textual Amendments

F12 Sch. 2 para. 8: for "Board" and "Board's" wherever they occur in the Act (with specified exceptions) there is substituted "Corporation" and "Corporation's" by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 28(2).

9 Without prejudice to paragraph 8 above, at any time after the [F13 Corporation] have served an acceptance notice in respect of a retained interest, they shall cease to be entitled to acquire by agreement that interest or any other retained interest in coal or a mine of coal comprised in or lying under any of the land in which subsists the retained interest to which the acceptance notice relates.

Textual Amendments

F13 Sch. 2 para. 9: for "Board" and "Board's" wherever they occur in the Act (with specified exceptions) there is substituted "Corporation" and "Corporation's" by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 28(2).

10 (1) The [F14 Corporation] shall keep, at such places as may be prescribed, a record of—

(a) all retained interest notices given to the [F14 Corporation] and all acceptance notices and rejection notices served by them, and

(b) all sums paid by way of compensation under section 3(4) of this Act,

and that record shall contain a description of the land in which subsists the retained interest (or in the case of a rejection notice, the claimed retained interest) to which each such notice or payment relates sufficient to enable the land to be identified.

(2) The record kept under this paragraph shall be open to public inspection at all reasonable hours, and different places may be prescribed for the keeping of the record relating to retained interests in different areas.

Textual Amendments

F14 Sch. 2 para. 10: for "Board" and "Board's" wherever they occur in the Act (with specified exceptions) there is substituted "Corporation" and "Corporation's" by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 28(2).

11 Section 55 of the M4 Coal Act 1938 (service of notices, etc.) shall have effect as if the provisions of this Schedule were included in that Act.

Marginal Citations

M4 1938 c. 52.

Section 4.

SCHEDULE 3 E+W+S Amendments of M5 Opencast Coal Act 1958 consequential on Section 4

Marginal Citations

M5 1958 c. 69.

1 E+W+S In section 4(6) the words “being an opencast site order” shall be omitted.

Modifications etc. (not altering text)

C3 The text of ss. 4(1)(2), 6(1)—(3), 7(4), Sch. 3 paras. 1, 2, 4(1)—(5), 5(1)(2), 6—10, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2 E+W+S In section 5 for the words “an opencast site order”, in each place where they occur, there shall be substituted the words “a compulsory rights order”.

Modifications etc. (not altering text)

C4 The text of ss. 4(1)(2), 6(1)—(3), 7(4), Sch. 3 paras. 1, 2, 4(1)—(5), 5(1)(2), 6—10, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Textual Amendments

F15 Sch. 3 para. 3 repealed by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(4), Sch. 12 Pt. II

4 (1) In section 7, in subsection (1) the words “or in accordance with subsection (3) of section six of this Act” shall be omitted. E+W+S

(2) In subsection (3) of that section the words “In relation to an opencast site order” shall be omitted.

(3) In subsection (5) of that section the words from “or of” to the end of the subsection shall be omitted.

(4) In subsection (6) of that section the words “or section six of this Act” shall be omitted.

(5) In subsection (7) of that section the words “or in subsection (4) of section six of this Act” shall be omitted.

Modifications etc. (not altering text)

C5 The text of ss. 4(1)(2), 6(1)—(3), 7(4), Sch. 3 paras. 1, 2, 4(1)—(5), 5(1)(2), 6—10, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

5 (1) In section 8, in subsection (1) the words “(whether it is an opencast site order or a storage site order)” shall be omitted. E+W+S

(2) In subsection (3)(b) of that section the words “or subsection (2) of section six of this Act, as the case may be” shall be omitted.

Modifications etc. (not altering text)

C6 The text of ss. 4(1)(2), 6(1)—(3), 7(4), Sch. 3 paras. 1, 2, 4(1)—(5), 5(1)(2), 6—10, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

6 E+W+S In section 9 for the words “an opencast site order”, in each place where they occur, there shall be substituted the words “a compulsory rights order”.

Modifications etc. (not altering text)

C7 The text of ss. 4(1)(2), 6(1)—(3), 7(4), Sch. 3 paras. 1, 2, 4(1)—(5), 5(1)(2), 6—10, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

7 E+W+S In section 36, in subsection (2) for the words “an opencast site order”, in the first place where they occur, there shall be substituted the words “any compulsory rights order” and the words “opencast site”, where they occur in the proviso to the subsection, shall be omitted.

Modifications etc. (not altering text)

C8 The text of ss. 4(1)(2), 6(1)—(3), 7(4), Sch. 3 paras. 1, 2, 4(1)—(5), 5(1)(2), 6—10, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

8 E+W+S In section 49, for the proviso to subsection (5) there shall be substituted the following proviso:—

“Provided that where the period specified in the order is less than twenty years, this subsection shall not prevent the variation of the order by the extension of that period, if the period as extended does not exceed twenty years”.

Modifications etc. (not altering text)

C9 The text of ss. 4(1)(2), 6(1)—(3), 7(4), Sch. 3 paras. 1, 2, 4(1)—(5), 5(1)(2), 6—10, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

9 E+W+S In section 51(1) the definitions of “opencast site order” and “storage site order” shall be omitted and in each of the definitions of “period of occupation” and “persons directly concerned” for the words following “assigned to it” there shall be substituted the words “by section 5 of this Act”.

Modifications etc. (not altering text)

C10 The text of ss. 4(1)(2), 6(1)—(3), 7(4), Sch. 3 paras. 1, 2, 4(1)—(5), 5(1)(2), 6—10, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[F16 10 S In paragraph 5(1) of Schedule 2, for the words “an opencast site order” there shall be substituted the words “a compulsory rights order”.]

Textual Amendments

F16 Sch. 3 para. 10 repealed (E.W.) by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I

Modifications etc. (not altering text)

C11 The text of ss. 4(1)(2), 6(1)—(3), 7(4), Sch. 3 paras. 1, 2, 4(1)—(5), 5(1)(2), 6—10, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

11 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

F17 Sch. 3 para. 11 repealed by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(4), Sch. 12 Pt. II

F18 F18 Schedule 4 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 4 repealed by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(4), Sch. 12 Pt. II

section 7(4).

Schedule 5 E+W+S Enactments Repealed

Modifications etc. (not altering text)

C12 The text of ss. 4(1)(2), 6(1)—(3), 7(4), Sch. 3 paras. 1, 2, 4(1)—(5), 5(1)(2), 6—10, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Chapter	Short title	Extent of repeal
1 & 2 Geo. 6. c. 52.	The Coal Act 1938.	In Schedule 2, Part II and, in Part III, paragraph 8(c).
6 & 7 Geo. 6. c.38.	The Coal Act 1943.	Section 11.
		Schedule 2.
9 & 10 Geo. 6. c. 49.	The Acquisition of Land (Authorisation Procedure) Act 1946.	In section 3, subsections (2) and (3) so far as not otherwise repealed.
6 & 7 Eliz. 2. c. 69.	The Opencast Coal Act 1958.	In section 4(6) the words “being an opencast site order”.
		Section 6.
		In section 7, in subsection (1), the words “or in accordance with subsection (3) of section six of this Act”; in subsection (3), the words “In relation to an opencast site order”; in subsection (5), the words from “or of” to the end of the subsection; in subsection (6), the words “or section six of this Act”; and in subsection (7), the words “or in subsection (4) of section six of this Act”.
		In section 8, in subsection (1), the words “(whether it is an opencast site order or a storage site order)”; and in subsection (3)(b) the words “or subsection (2) of section six of this Act, as the case may be”.
		In section 36(2), the words “opencast site”, where they occur in the proviso to the subsection.
		In section 45, in subsection (3), the words “section three of the Acquisition of Land Act, as applied by”; and subsection (5).
		In section 51(1) the definitions of “opencast site order” and “storage site order”.
		In Schedule 10, paragraph 12.
1968 c. 41.	The Countryside Act 1968.	In Schedule 3, in Part I, paragraph 3 of the provisions relating to the Acquisition of Land (Authorisation Procedure) Act 1946.
1971 c. 78.	The Town and Country Planning Act 1971.	In Schedule 3, paragraph 8(c).