SCHEDULES

SCHEDULE 8 Amendments of the Opencast Coal Act 1958

Limitations on effect of orders

4

In section 7 (rights not affected by order)—

(a)

in subsection (2)(c)—

(i)

for “authorisation” there shall be substituted “ opencast planning permission ”;

(ii)

for “the Corporation have” there shall be substituted “ the person entitled to the rights conferred by the compulsory rights order has ”; and

(iii)

for the words from “under” to “applied” there shall be substituted “ under the provisions of the Act of 1990, applied ”;

(b)

in subsection (3)(a)—

(i)

for “made by the Corporation and” there shall be substituted “ to which the person entitled to the rights conferred by the compulsory rights order is or is deemed to be a party and which is ”; and

(ii)

for “the Corporation are” there shall be substituted “ that person is ”;

and

(c)

for subsections (8) and (9) of that section there shall be substituted—

“(8)

In this section—

“statutory water undertakers” means—

  1. (i)

    in England and Wales, the National Rivers Authority, a water undertaker or a sewerage undertaker; and

  2. (ii)

    in Scotland, a water authority within the meaning of the Water (Scotland) Act 1980;

“local enactment”—

  1. (i)

    in England and Wales, means any local statutory provision within the meaning of the Water Industry Act 1991; and

  2. (ii)

    in Scotland, has the same meaning as in the Water (Scotland) Act 1980;

and, in the application of this section to Scotland, for any reference to the Act of 1990 there shall be substituted a reference to the Town and Country Planning (Scotland) Act 1972.”