F1C1Part 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)
C1

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

C230Y 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 F3trustee or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act F22016); F4...

ii

any disclaimer under section 178 or 315 of the M1Insolvency Act 1986 (power of liquidator, or trustee of bankrupt’s estate, to disclaim onerous property) by the official receiver acting in a compulsory capacity; F5or

iii

any disclaimer by notice signed by the Queen's and Lord Treasurer's Remembrancer under section 1013 of the Companies Act 2006 (Crown disclaimer of property vesting as bona vacantia).

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 M2Insolvency 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 M3Insolvency 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.