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.