F1C2Part IA Abandoned Mines

Annotations:
Amendments (Textual)
F1

Pt. IA (ss. 30Y, 30Z) inserted (12.10.1995 for specified purposes otherwise 1.1.1999) by 1995 c. 25, s. 59 (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2(i); S.I. 1998/3272, art. 2

Modifications etc. (not altering text)
C2

Pt. 1A modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C130Y Introductory.

1

For the purposes of this Part, “abandonment”, in relation to a mine,—

a

subject to paragraph (b) below, includes—

i

the discontinuance of any or all of the operations for the removal of water from the mine;

ii

the cessation of working of any relevant seam, vein or vein-system;

iii

the cessation of use of any shaft or outlet of the mine;

iv

in the case of a mine in which activities other than mining activities are carried on (whether or not mining activities are also carried on in the mine)—

A

the discontinuance of some or all of those other activities in the mine; and

B

any substantial change in the operations for the removal of water from the mine; but

b

does not include—

i

the abandonment of any rights, interests or liabilities by the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the M1Bankruptcy (Scotland) Act 1985); or

ii

any disclaimer under section 178 or 315 of the M2Insolvency Act 1986 (power of liquidator, or trustee of bankrupt’s estate, to disclaim onerous property) by the official receiver acting in a compulsory capacity;

and cognate expressions shall be construed accordingly.

2

In this Part, except where the context otherwise requires—

  • “acting in a compulsory capacity”, in the case of the official receiver, means acting as—

    1. a

      liquidator of a company;

    2. b

      receiver or manager of a bankrupt’s estate, pursuant to section 287 of the M3Insolvency Act 1986;

    3. c

      trustee of a bankrupt’s estate;

    4. d

      liquidator of an insolvent partnership;

    5. e

      trustee of an insolvent partnership;

    6. f

      trustee, or receiver or manager, of the insolvent estate of a deceased person;

  • “the official receiver” has the same meaning as it has in the M4Insolvency Act 1986 by virtue of section 399(1) of that Act;

  • “relevant seam, vein or vein-system”, in the case of any mine, means any seam, vein or vein-system for the purpose of, or in connection with, whose working any excavation constituting or comprised in the mine was made.

3

This Part extends only to Scotland.