SCHEDULES

SCHEDULE 8 E+W+S Amendments of the Opencast Coal Act 1958

Limitations on effect of orders E+W+S

4 E+W+SIn 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—

  (i)

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

  (ii)

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

• “local enactment”—

  (i)

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

  (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.”