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Opencast Coal Act 1958

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This is the original version (as it was originally enacted).

20Special compensation for cost of removal

(1)Where compensation is payable by virtue of section seventeen of this Act in respect of a holding for the year beginning with the operative date of a compulsory rights order, the compensation payable for that year by virtue of that section shall (in addition to any sum payable in accordance with section eighteen or section nineteen of this Act) include the amount of any expenses reasonably incurred by the person entitled to the compensation which are directly attributable to his being required to vacate so much of the holding as is comprised in the order.

(2)Without prejudice to the generality of the preceding subsection, the expenses referred to in that subsection shall be taken to include any expenses reasonably incurred by the person therein mentioned in procuring the cancellation or modification of a contract in force immediately before the operative date, in so far as it is a contract for the supply of goods or the rendering of services which—

(a)would have been required by him for the purposes of the holding if the order had not been made, but

(b)in consequence of his being required to vacate so much of the holding as is comprised in the order, are not required for those purposes.

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