Town and Country Planning Act 1954

The Mineral Workings Act, 1951(14 & 15 Geo. 6. c. 60)

6 In section three, in subsection (2) for the words " one penny and one-eighth" there shall be substituted the words " twopence farthing " and at the end of the subsection there shall be added the following:—

“Provided that as respects—

(a) ironstone which immediately before the fifteenth day of February, nineteen hundred and fifty-one, was subject to a full restoring lease ; and

(b) ironstone in respect of which an order under section seven of this Act was in force immediately before the commencement of section fifty-six of the Town and Country Planning Act, 1954 ; and

(c) ironstone specified in an order in force under subsection (1) of the said section fifty-six,

the rate of the contributions so payable shall be one penny and one-eighth for each ton so weighed.

(2A) Where, under subsection (2) of this section, contributions at the rate of twopence, farthing per ton are payable by a lessee under a mining lease or by the person granted a right to work minerals by an order under Part I of the Mines (Working Facilities and Support) Act, 1923, a sum, computed in accordance with the provisions of the Third Schedule to this Act, may, notwithstanding anything in the lease or order, be deducted in accordance with the provisions of that Schedule from payments by the lessee under the lease or by that person under the order, or may be otherwise recovered in accordance with those provisions by the lessee or by that person:

Provided that this subsection shall not apply to any mining lease made after the fifteenth day of February and before the first day of August, nineteen hundred and fifty-one, which contained a provision expressly excluding the operation of paragraph (b) of subsection (2) of section six of this Act.”

7 In the Third Schedule—

(a) in paragraph 1, for the words " the rate required under section six of this Act" there shall be substituted the words " the rate of twopence farthing per ton ";

(b) in paragraphs 3 and 4, for the words " the first day of July, nineteen hundred and fifty-one " there shall be substituted the words " the date of the commencement of section fifty-six of the Town and Country Planning Act, 1954 ";

(c) in paragraph 7 for the words " paragraph (b) of subsection (2) of section six " there shall be substituted the words " subsection (2A) of section three ", and for the words " the said paragraph (b)" there shall be substituted the words " the said subsection (2A) " ; and

(d) after paragraph 7 there shall be added the following—

“8 This Schedule shall apply with any necessary adaptations in relation to an order under Part I of the Mines (Working Facilities and Support) Act, 1923, as if that order were a lease and the person granted thereby a right to work minerals were the lessee under that lease”.