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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Opencast Coal (Compulsory Rights, Drainage and Rights of Way) (Forms) Regulations 1994 No. 3097 URL: http://www.bailii.org/uk/legis/num_reg/1994/uksi_19943097_en.html |
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Statutory Instruments
COAL INDUSTRY
Made
2nd December 1994
Laid before Parliament
9th December 1994
Coming into force
31st December 1994
The Secretary of State, in exercise of the powers conferred by sections 4(1A)(b), 15A(1), (1A), (4), (5)(c) and (10), 16(2A)(c) and 49(1) of the Opencast Coal Act 1958(1) ("the 1958 Act"), sections 10(2), 11(1), 12, 15, 22 and 29 of the Acquisition of Land Act 1981(2) as applied by sections 4(4A) and 16(4A)(a) of the 1958 Act(3), and paragraphs 2, 3, 6, 13 and 18 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947(4) as applied by section 4(5) of, and Part I of Schedule 2 to, the 1958 Act(5), and now vested in him(6), and of all other powers enabling him in that behalf, hereby makes the following Regulations-
1. These Regulations may be cited as the Opencast Coal (Compulsory Rights, Drainage and Rights of Way) (Forms) Regulations 1994, and shall come into force on 31st December 1994.
2. In these Regulations-
"the 1947 Act" means the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
"the 1958 Act" means the Opencast Coal Act 1958;
"the 1981 Act" means the Acquisition of Land Act 1981;
and any reference to a numbered form is a reference to the form bearing that number in the Schedule to these Regulations, or to a form substantially to the same effect.
3. The prescribed forms in relation to the provisions mentioned below are as follows-
(a)in relation to England and Wales-
(i)form 1 is the prescribed form for the purposes of section 4(1A)(b) of the 1958 Act;
and in respect of the following provisions of the 1981 Act as applied by section 4(4A) of the 1958 Act-
(ii)form 2 is the prescribed form for the purposes of section 10(2);
(iii)form 3 is the prescribed form for the purposes of sections 11(1) and 15;
(iv)form 4 is the prescribed form for the purposes of section 12(7);
(v)form 5 is the prescribed form for the purposes of section 22; and
(b)in relation to Scotland-
(i)form 1 is the prescribed form for the purposes of section 4(1A)(b) of the 1958 Act;
and in respect of the following provisions of Schedule 1 to the 1947 Act as applied by section 4(5) as read with section 4(8) of the 1958 Act;
(ii)form 2 is the prescribed form for the purposes of paragraph 2;
(iii)form 3 is the prescribed form for the purposes of paragraphs 3(a) and 6;
(iv)form 4 is the prescribed form for the purposes of paragraph 3(b); and
(v)form 5 is the prescribed form for the purposes of paragraph 13.
4. The prescribed forms in relation to the subsections of section 15A of the 1958 Act mentioned below are as follows-
(a)for the purposes of subsection (1) and, as regards that subsection, subsection (5)(c), form 6;
(b)for the purposes of subsection (1A) and, as regards that subsection, subsection (5)(c), form 7;
(c)for the purposes of subsection (10) form 8.
5. The prescribed forms in relation to the provisions mentioned below are as follows-
(a)in relation to England and Wales-
(i)form 9 is the prescribed form for the purposes of section 16(2A)(c) of the 1958 Act;
and in respect of the following provisions of the 1981 Act as applied by section 16(4A) of the 1958 Act-
(ii)form 10 is the prescribed form for the purposes of section 10(2);
(iii)form 11 is the prescribed form for the purposes of sections 11(1) and 15;
(iv)form 12 is the prescribed form for the purposes of section 12; and
(v)form 5 is the prescribed form for the purposes of section 22;
(b)in relation to Scotland-
(i)form 9 is the prescribed form for the purposes of section 16(2A)(c) of the 1958 Act;
and in respect of the following provisions of Schedule 1 to the 1947 Act as applied by section 16(5) as read with section 16(9) of the 1958 Act-
(ii)form 10 is the prescribed form for the purposes of paragraph 2;
(iii)form 11 is the prescribed form for the purposes of paragraph 3(a) and 6;
(iv)form 12 is the prescribed form for the purposes of paragraph 3(b); and
(v)form 5 is the prescribed form for the purposes of paragraph 13.
6. Particulars of the matters specified in subsection (1) or, as the case may be, subsection (1A) of section 15A of the 1958 Act are prescribed for the purposes of section 15A(5)(c)
7.-(1) The Opencast Coal (Compulsory Rights and Rights of Way) (Forms) Regulations 1987(8) are hereby revoked.
(2) Nothing in paragraph (1) shall affect the operation of those Regulations in relation to paragraph 9 of Schedule 10 to the Coal Industry Act 1994.
John Gummer
One of Her Majesty's Principal Secretaries of State
2nd December 1994
Regulation 2
Form 1 Notice to persons directly concerned of an application for an order conferring compulsory rights.
Form 2 Compulsory rights order.
Form 3 Newspaper notice of making, or notice of confirmation, of compulsory rights order.
Form 4 Notice to persons directly concerned of the making of a compulsory rights order.
Form 5 Newspaper notice of giving of certificate under section 16, 19 or 20 of the Acquisition of Land Act 1981 or Part III of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1974.
Form 6 Notice of an application for an order suspending a public right of way.
Form 7 Notice of an application for the confirmation of an order suspending a public right of way.
Form 8 Newspaper/Gazette notice of confirmation of order suspending a public right of way.
Form 9 Notice to owners, lessees and occupiers of an applicatioin for an order conferring drainage and/or water supply rights.
Form 10 Drainage order.
Form 11 Newspaper notice of making, or notice of confirmation, of a drainage order.
Form 12 Notice to owners, lessees and occupiers of the making of a drainage order.
Regulation 3
Regulation 3
Regulation 3
Regulation 3
Regulations 3 and 5
Regulation 4(a)
Regulation 4(b)
Regulation 4(c)
Regulation 5
Regulation 5
Regulation 5
Regulation 5
(This note is not part of the Regulations)
These Regulations prescribe the forms of certain orders under the Opencast Coal Act 1958 and the forms of the notices and advertisements to be given in connection with applications for, and the making and confirming of such orders. The orders in question are orders conferring compulsorily temporary rights of occupation, and of use of land for drainage and water supply purposes, on opencast coal operators to facilitate their operations and orders temporarily suspending non-vehicular rights of way for the same purpose.
The Regulations replace the Opencast Coal (Compulsory Rights and Rights of Way) (Forms) Regulations 1987, making the changes necessary in the light of the Coal Industry Act 1994.
1958 c. 69: section 15A is inserted by the Housing and Planning Act 1986 (c. 63) Schedule 8, paragraph 6. Subsection (1A) of section 4, subsection (1A) of section 15A and subsection (2A) of section 16 are inserted by the Coal Industry Act 1994 (c. 21) Schedule 8, paragraphs 2(2), 13(2) and 14(2).
1981 c. 67: section 29 is amended by paragraph 27 of Schedule 9 to the Coal Industry Act 1994; see also the definition of "prescribed" in section 29(10).
Section 4(4A) is inserted by paragraph 11(2) of Schedule 4 to the Acquisition of Land Act 1981. Section 16(4A) is inserted by paragraph 11(4) of Schedule 4 to that Act, and is amended by paragraph 14(5) of Schedule 8 to the Coal Industry Act 1994.
Section 4(5) is applied in part to drainage orders by section 16(5) of the Opencast Coal Act 1958 as substituted by the Coal Industry Act 1994, Schedule 8, paragraph 14(7). See in particular the definition of "prescribed" in paragraph 11 of Schedule 2 to the Opencast Coal Act 1958.
See the definition of "the Minister" in section 51 of the Opencast Coal Act 1958, S.I. 1969/1498 and 1970/1537.
Section 12 in its relevant form is set out in section 29(4) of the Acquisition of Land Act 1981.
S.I. 1987/1915.
