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F1 Sch. 1 paras. 1-4 repealed (30. 11. 1991) by Coal Mining Subsidence Act 1991 (c. 45), s. 53(2), Sch.8 (with s. 37(4), Sch. 7); S.I. 1991/2508, art.2.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F2 Sch. 1 paras. 1-4 repealed (30. 11. 1991) by Coal Mining Subsidence Act 1991 (c. 45), s. 53(2), Sch.8 (with s. 37(4), Sch. 7); S.I. 1991/2508, art.2.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F3 Sch. 1 paras. 1-4 repealed (30. 11. 1991) by Coal Mining Subsidence Act 1991 (c. 45), s. 53(2), Sch.8 (with s. 37(4), Sch. 7); S.I. 1991/2508, art.2.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F4 Sch. 1 paras. 1-4 repealed (30. 11. 1991) by Coal Mining Subsidence Act 1991 (c. 45), s. 53(2), Sch.8 (with s. 37(4), Sch. 7); S.I. 1991/2508, art.2.

F5 5 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 1 para. 5 repealed (31.10.1994) by 1994 c. 21, ss. 67, 68(2), Sch. 11 Pt. II (with ss. 40(7), 66); S.I. 1994/2553, art. 2

F6 SCHEDULE 2 E+W+S

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Textual Amendments

F6 Sch. 2 repealed (31.10.1994) by 1994 c. 21, s. 67 Sch. 11 Pt. II (with ss. 40(7), 49, 66 and with savings in Sch. 7 para. 12(1)(b)(3)); S.I. 1994/2553, art. 2

Section 4.

SCHEDULE 3 E+W+S Amendments of M2 Opencast Coal Act 1958 consequential on Section 4

Marginal Citations

M2 1958 c. 69.

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

Modifications etc. (not altering text)

C1 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text of ss. 4(1)(2), 6(1)—(3), 7(4), Sch. 3 paras. 1, 2, 4(1)—(5), 5(1)(2), 6—10, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.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+SIn 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)

C2 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text of ss. 4(1)(2), 6(1)—(3), 7(4), Sch. 3 paras. 1, 2, 4(1)—(5), 5(1)(2), 6—10, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F16 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)

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.

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)

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.

6 E+W+SIn 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)

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.

7 E+W+SIn 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)

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.

8 E+W+SIn 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)

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.

9 E+W+SIn 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)

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.

[F17 10 SIn 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

F17 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)

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.

11 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

Textual Amendments

F18 Sch. 3 para. 11 repealed by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(4), Sch. 12 Pt. II

F19 F19 Schedule 4 E+W+S

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Textual Amendments

F19 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)

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.

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).