Opencast Coal Act 1958

29 Annual and terminal compensation, and compensation in respect of forced sales.E+W+S

(1)Where land, immediately before the operative date of a compulsory rights order,—

(a)was occupied as a unit, but

(b)was not so occupied wholly or mainly for the purposes of agriculture carried on by way of a trade or business,

the entirety of that land (excluding the coal and any other minerals vested in [F1the Coal Authority or any licensed operator (within the meaning of the Coal Industry Act 1994)]) shall be taken, in relation to that compulsory rights order, to constitute a holding to which this section applies.

(2)The provisions of subsections (1), [F2(1A) and (3) to (3B) of section 17 of this Act and the provisions of section 18 of this Act], and the provisions of section twenty-seven of this Act, shall have effect in relation to a holding to which this section applies as they have effect in relation to a holding to which section seventeen of this Act applies:

Provided that the provisions of section twenty-seven of this Act shall have effect, in relation to a holding to which this section applies, as if, in paragraph (b) of subsection (1) of that section, for the reference to such a fixture or building as is therein mentioned, there were substituted a reference to any trade or other fixture (not falling within paragraph (a) of that subsection) which the person in question has lawfully removed from the holding.

(3)The provisions of section twenty-one of this Act (except subsection (2) of that section) and the provisions of sections twenty-two and twenty-three of this Act shall have effect in relation to a holding to which this section applies as they have effect in relation to a holding to which section twenty-one of this Act applies.

Textual Amendments

F1Words in s. 29(1) substituted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 22(1) (with s. 40(7)); S.I. 1994/2553, art. 2

F2Words in s. 29(2) substituted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 22(2) (with s. 40(7)); S.I. 1994/2553, art. 2