38 Protection from compulsory purchase of land occupied for authorised purposes.E+W+S
Where a compulsory purchase order (within the meaning of the Acquisition of Land Act or, in Scotland, the Scottish Acquisition of Land Act) has been submitted or prepared, and—
(a)the land comprised in the order includes land [F1in respect of which opencast planning permission has been granted]and is for the time being occupied by [F2a relevant person] for the [F3purpose of carrying on the permitted activities], and
(b)within the time limited for making objections to the order, [F2that relevant person gives] notice of that fact to the Minister to whom the order has been submitted, or by whom it has been prepared, as the case may be, specifying the land [F4in respect of which the permission was granted and] which is occupied as mentioned in the preceding paragraph,
the compulsory purchase order shall not be confirmed or made so as to authorise the compulsory purchase of any of the land specified in that notice, unless [F5the Secretary of State] is satisfied that it can be purchased without serious detriment to the [F6permitted activities]
[F7In this section “relevant person” means any licensed operator within the meaning of the Coal Industry Act 1994 or any person who is certified by the Coal Authority as a person whose application to that Authority for a licence under Part II of that Act is pending.].
Textual Amendments
F1Words substituted by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(3), Sch. 8 para. 9(a)(i)
F2Words in s. 38(a)(b) substituted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 28(a)(b) (with s. 40(7)); S.I. 1994/2553, art. 2
F3Words substituted by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(3), Sch. 8 para. 9(a)(ii)
F4Words substituted by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(3), Sch. 8 para. 9(b)
F5Words substituted by virtue of S.I. 1969/1498, arts. 2(1), 5(6) and 1970/1537, arts. 2(2), 7(4)
F6Words substituted by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(3), Sch. 8 para. 9(c)
F7Words in s. 38 inserted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 28(c) (with s. 40(7)); S.I. 1994/2553, art. 2