Part V E+W Procedure in Special Cases

Compulsory acquisition of rights over land E+W

29 Compulsory rights orders under Opencast Coal Act 1958. E+W

(1) This Act in its application to compulsory rights orders by section 4 of the M1 Opencast Coal Act 1958 has effect subject to this section.

(2) Parts II, III and IV of this Act shall apply as if in those provisions—

(a) any reference to a compulsory purchase order were a reference to a compulsory rights order,

(b) any reference to the acquiring authority were a reference to [F1 the Coal Authority] , and any reference to the confirming authority were a reference to the Secretary of State, and

(c) any reference to authorising the compulsory purchase of land were a reference to operating so as to confer F2 . . . temporary rights of occupation and use of land.

(3) Any modifications of particular provisions of this Act which are specified in the following provisions of this section shall have effect, in relation to those provisions, in addition to the general modifications mentioned above.

(4) Part II of this Act shall apply as if for section 12 there was substituted—

The acquiring authority shall—

(a) serve on all persons who at the time when notice of the order is first published under section 11 above are known to the acquiring authority to be persons directly concerned a notice in the prescribed form—

(i) stating the effect of the order and that it is about to be submitted for confirmation, and

(ii) specifying the time (not being less than 21 days from service of the notice) within which, and the manner in which, objections thereto can be made, and

(b) affix conspicuously to some conspicuous object or objects on the land comprised in the order a notice or notices containing the particulars specified in paragraph (a)(i) and (ii) above.”

(5) Section 13 of this Act shall apply as if for [F3 the reference to a qualifying person for the purposes of section 12(2)] there were substituted a reference to any person who, in relation to the order, is a person directly concerned.

(6) Except where the Secretary of State is proceeding concurrently with respect to an application for [F4 opencast planning permission] and a compulsory rights order, the Secretary of State may disregard an objection to such an order if he is satisfied that it relates to the question whether [F4 opencast planning permission should be granted or should have been granted] and either—

(a) it relates exclusively to that question, or

(b) in so far as it relates to other matters, they consist entirely of matters which can be dealt with in the assessment of compensation.

This subsection is without prejudice to the operation of section 13 of this Act.

[F5 (6A) Part III of this Act shall apply as if section 17 were omitted.]

(7) In section 19 of this Act—

(a) any reference to giving other land in exchange shall be construed as a reference to making other land available during the period for which the compulsory rights order is to have effect,

(b) the provisions of the said section 19 as to the vesting of land, and as to its being made subject to the like rights, trusts and incidents as the land purchased, shall apply with the necessary modifications, and

(c) subsection (3)(b) shall not apply.

(8) Section 23 of this Act shall apply as if—

(a) in subsection (1) for the first reference to this Act there were substituted a reference to the M2 Opencast Coal Act 1958,

(b) in subsection (3)(a) the reference to this Act included a reference to that Act.

(9) The date on which the compulsory rights order becomes operative shall be that mentioned in section 26(1) of this Act or such later date (not being more than one year after confirmation of the order) as may be determined by the Secretary of State and specified in the order as confirmed.

(10) In the application of this Act to compulsory rights orders “prescribed” means prescribed by regulations under the M3 Opencast Coal Act 1958.

[F6 (11) In this section “opencast planning permission” and “persons directly concerned” have the same meanings as in the Opencast Coal Act 1958.]

Textual Amendments

F1 Words in s. 29(2)(b) substituted (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 27(2)(a)(i) (with s. 40(7)); S.I. 1994/2553, art. 2

F2 Words in s. 29(2)(c) repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 27(2)(a)(ii), Sch. 11 Pt. II(with s. 40(7)); S.I. 1994/2553, art. 2

F3 Words in s. 29(5) substituted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 12 (with s. 111); S.I. 2004/2593, art. 2(d)

F4 Words substituted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 39(3), Sch. 8 Pt. II para. 18(a)

F5 S. 29(6A) inserted (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 27(2)(b) (with s. 40(7)); S.I. 1994/2553, art. 2

F6 S. 29(11) substituted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 39(3), Sch. 8 Pt. II para. 18(b)

Modifications etc. (not altering text)

C1 S. 29 applied (with modifications) (31.10.1994) by Opencast Coal Act 1958 c. 69 s. 16(4A) (as substituted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 14(5); S.I. 1994/2553, art. 2)

Marginal Citations

M1 1958 c. 69.

M2 1958 c. 69.

M3 1958 c. 69.