Coal industry Act 1994

Compensation in respect of minerals

41 For paragraph 2 of Schedule 5 (compensation in respect of minerals) there shall be substituted the following paragraph—

“2 (1) Any entitlement to compensation under this Schedule shall be an entitlement to compensation from—

(a) in the case of compensation under paragraph 4 or 12 of this Schedule, the persons who, for the whole or any part of the year in question, have been entitled to the rights conferred by the order;

(b) in the case of compensation under paragraph 5 of this Schedule, the person on whose application that order is made;

(c) in the case of compensation under paragraph 6 of this Schedule, the person by whom the compensation would be payable if it were compensation under section 27 of this Act;

(d) in the case of compensation under paragraph 7, 8, 9, 10 or 13 of this Schedule, the person who immediately before the end of the period of occupation is the person entitled to the rights conferred by the order.

(2) Sub-paragraph (1)(a) of this paragraph shall have effect subject, where different persons have been entitled to the rights conferred by an order for different parts of the year, to any apportionment under section 35(3) of this Act.”