Opencast Coal Act 1958

2 (1) The provisions of this paragraph shall have effect where land comprised in an agricultural holding [F1 held under a tenancy in relation to which the Act of 1986 applies]is comprised in a compulsory rights order (whether any other land is comprised in the holding, or comprised in the order, or not), and— E+W+S

(a) before the date of entry long-term improvements qualifying for compensation under the [F2 Act of 1986] (in this Act referred to as “the former improvements”) had been carried out on the land in question, or a special system of farming qualifying for compensation under that Act (in this paragraph referred to as “the former system”) had been adopted on that land, and

(b) at the end of the period of occupation the circumstances are such that the provisions of the [F2 Act of 1986] referred to in subsection (2) of section twenty-four of this Act (as extended by subsection (6) of that section) would have applied as mentioned in subsection (3) of that section, but for the fact that the benefit of the former improvements, or the increased value attributable to the former system, as the case may be, has been replaced or regained, on the restoration of the land, by works (in this paragraph referred to as “the new improvements”) or the continuous adoption of a system of farming (in this paragraph referred to as “the new system”) of comparable benefit to the land.

(2) In the circumstances specified in the preceding sub-paragraph, the said provisions of the [F2 Act of 1986] shall have effect in relation to the new improvements or the new system, as the case may be, as if those improvements had been carried out, or that system had been adopted, by the person who carried out or adopted the former improvements or the former system.

(3) Subsections (7) and (8) of section twenty-four of this Act shall apply for the purposes of this paragraph as they apply for the purposes of that section.

[F3 (3A) The references in sub-paragraph (1)(a) of this paragraph to the Act of 1986 include references to the Act of 1948.]

Textual Amendments

F1 Words in Sch. 7 para. 2(1) inserted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 20(3) (with s. 37)

F2 Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 33(3)(a)

F3 Sch. 7 para. 2(3A) inserted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 33(3)(b)