Opencast Coal Act 1958

52 General application to Scotland. E+W+S

(1) The provisions of this section shall, in addition to any express provision for the application to Scotland of any provision of this Act, have effect for the general application of this Act to Scotland.

(2) In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

• “agriculture” has the same meaning as in the M1 Agriculture (Scotland) Act 1948, and “agricultural” (except in the expressions “agricultural holding” and “agricultural land”) shall be construed accordingly;

• “agricultural holding” has the meaning assigned to it by section one of the Scottish Act of [F1 1991];

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

• [F3 “appropriate Minster” means—

  (a)

  in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour or pier undertaking, [F4 the Minister of Transport];

  (b)

  in relation to statutory undertakers carrying on an undertaking for the supply of gas or hydraulic power, the Secretary of State for Energy;

  (c)

  in relation to the Civil Aviation Authority or statutory undertakers carrying on any lighthouse undertaking, the Secretary of State for Trade;

  (d)

  in relation to the Post Office, the Secretary of State for Industry;

  (e)

  in relation to statutory undertakers carrying on an undertaking for the supply of . . . F5 water, the Secretary of State for Scotland; and

  (f)

  in all other cases, the Secretary of State for the Environment.]

• “chattels” means corporeal moveables;

• “easement” means servitude;

• “freehold interest” means the interest of the owner of the dominium utile;

• “land” includes salmon fishings;

• [F6 “local authority” has the meaning assigned to it by section 235 of the M2 Local Government (Scotland) Act 1973];

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 “local planning authority”, “statutory undertakers”, “statutory undertaking” , “heritable security”, “heritable creditor”, and “National Trust for Scotland” have the same meanings as in the Scottish Act of 1947;

• “owner” in relation to land, subject to subsection (2) of the last preceding section, means the owner of the dominium utile;

• [F8 “planning permission” means planning permission under Part III of Act of 1972]

• “the Landholders Acts” means the Small Landholders (Scotland) Acts 1886 to 1931;

• “the Scottish Acquisition of Land Act” means the M3 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

• [F9 “the Act of 1972” ] means [F9 the M4 Town and Country Planning (Scotland) Act 1972];

• [F1 “the Scottish Act of 1991” means the Agricultural Holdings (Scotland) Act 1991;].

(3) For any reference to a [F10 water authority]there shall [F11 , except in so far as the context otherwise requires,]be substituted a reference to [F12 the Scottish Environment Protection Agency].

(4) For any reference to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland: . . . F13

(5) Where, immediately before the coming into operation of an authorisation under section one of this Act, any of the land comprised in the authorisation consists of or includes a holding to which any of the provisions of the Landholders Acts apply or a croft within the meaning of the M5 Crofters (Scotland) Act 1955, or part of such a holding or croft, the provisions of this Act shall, in relation to that land, have effect subject to the following modifications, that is to say—

(a) references to an agricultural holding, to the tenant of an agricultural holding and to [F14 the Scottish Act of 1991] shall include respectively references to such a holding or croft as aforesaid, to a landholder or crofter, and to the Landholders Acts or the M6 Crofters (Scotland) Act 1955, as the case may be and for references to [F14 section 45 of the Scottish Act of 1991] there shall be substituted references to section ten of the M7 Crofters Holding (Scotland) Act 1886, or section fourteen of the M8 Crofters (Scotland) Act 1955, as the case may require:

Provided that for the purposes of section twenty-three of this Act any improvement on the holding for which the landholder or the crofter would on the termination of his tenancy be entitled to compensation under the Landholders Acts or the M9 Crofters (Scotland) Act 1955, as the case may be, shall be treated as a separate holding, and any compensation payable under the said section in respect of the improvement shall be payable to the landholder or crofter as if he were the owner thereof; and sections twenty-four and twenty-five shall not apply to any improvement in respect of which compensation is so payable;

(b) any dispute as to a right to compensation under this Act of a landholder or crofter or of the owner of a holding or croft in respect thereof or as to the amount of any such compensation, and any matter arising in relation to a holding or croft which is referred to arbitration under this Act, shall be determined by the Scottish Land Court, and the provisions of the Landholders Acts shall, with any necessary modifications, apply for the purpose as they apply for the determination of matters referred to that Court under those Acts.

(6) For the purposes of any feu charter, feu contract or feu disposition, the owner of any land comprised in a compulsory rights order shall not be taken to be in breach of any obligation or liable to pay any sum by way of damages or penalty or to suffer any forfeiture by reason of anything done or omitted to be done by him by way of permitting or facilitating the occupation or use of that land in the exercise of rights conferred by the order.

(7) Where compensation is payable by the [F15 Corporation] under section twenty-three of this Act, or under that section as applied by section twenty-nine thereof, to the owner of any land comprised in a compulsory rights order by reference to the diminution in value of the land, being land which is subject to a feu duty or a ground annual, and the person who is the superior entitled to the feu duty or the creditor in the ground annual (which person is in this subsection referred to as “the creditor”) shows—

(a) that the amount of the feu duty or ground annual exceeds the annual value of the land at the end of the period of occupation; and

(b) that it is unlikely that within a reasonable period such works of restoration will be carried out on the land as will make good the excess;

the creditor shall be entitled to claim (but without prejudice to the making of a claim by the owner) and to receive payment from the [F15 Corporation] in respect of the feu duty or ground annual so much of the compensation which, apart from this subsection, would be payable to the owner as aforesaid as is equal to the capital equivalent of the said excess:

Provided that the creditor shall not be entitled to receive a payment under this subsection until he has executed and delivered any necessary deeds discharging such part of the feu duty or ground annual as is equal to the said excess.

(8) For the purposes of the last preceding subsection the annual value of the land shall be ascertained in accordance with the provisions of subsection (2) of section eighteen of this Act, with the omission, however, of the words “ in the appropriate circumstances”; and the capital equivalent of the excess of a feu duty or ground annual over the annual value of land subject to it at the end of the period of occupation shall be taken to be that excess multiplied by the number of years purchase which the feu duty or ground annual might have been expected to realise on a sale thereof in the open market immediately before the beginning of the period of occupation.

Textual Amendments

F1 Words in s. 52(2) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 11 para. 18 (a)(b) (with s. 45(3), Sch. 12 para. 3)

F2 Definition repealed by S.I. 1970/1681, Sch. 4

F3 Definition inserted by S.I. 1976/1775, Sch. 3 para. 2(2)

F4 Words substituted by virtue of S.I. 1979/571, arts. 2(1), 3(5)

F5 Words repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18

F6 Definition inserted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 141

F7 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F8 Definition inserted by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(3), Sch. 8 para. 14

F9 Words substituted by virtue of Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 22 para. 2

F10 Words substituted by virtue of Water Act 1973 (c. 37), s. 9

F11 Words in s. 52(3) inserted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 37 (with s. 40(7)); S.I. 1994/2553, art. 2

F12 Words in s. 52(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 5(2) (with ss. 115, 117); S.I. 1996/186, art. 3

F13 S. 52(4) proviso repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. XII

F14 Words in s. 52(5)(a) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55. SIF 2:3), ss. 88, 89(2), Sch. 11 para. 19(a)(b)(with s. 45(3), Sch. 12 para. 3)

F15 Word substituted by 1987 c. 3, s. 1(2), Sch. 1 para. 7(c)

Modifications etc. (not altering text)

C1 “The Scottish Act of 1947” means Town and Country Planning (Scotland) Act 1947 (c. 53)

Marginal Citations

M1 1948 c. 45.

M2 1973 c. 65.

M3 1947 c. 42.

M4 1972 c. 52.

M5 1955 c. 21.

M6 1955 c. 21.

M7 1886 c. 29.

M8 1955 c. 21.

M9 1955 c. 21.