The Opencast Coal (Compulsory Rights, Drainage and Rights of Way) (Forms) Regulations 1994

Statutory Instruments

1994 No. 3097

COAL INDUSTRY

The Opencast Coal (Compulsory Rights, Drainage and Rights of Way) (Forms) Regulations 1994

Made

2nd December 1994

Laid before Parliament

9th December 1994

Coming into force

31st December 1994

The Secretary of State, in exercise of the powers conferred by sections 4(1A)(b), 15A(1), (1A), (4), (5)(c) and (10), 16(2A)(c) and 49(1) of the Opencast Coal Act 1958(1) (“the 1958 Act”), sections 10(2), 11(1), 12, 15, 22 and 29 of the Acquisition of Land Act 1981(2) as applied by sections 4(4A) and 16(4A)(a) of the 1958 Act(3), and paragraphs 2, 3, 6, 13 and 18 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947(4) as applied by section 4(5) of, and Part I of Schedule 2 to, the 1958 Act(5), and now vested in him(6), and of all other powers enabling him in that behalf, hereby makes the following Regulations—

Citation and commencement

1.  These Regulations may be cited as the Opencast Coal (Compulsory Rights, Drainage and Rights of Way) (Forms) Regulations 1994, and shall come into force on 31st December 1994.

Interpretation

2.  In these Regulations—

“the 1947 Act” means the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

“the 1958 Act” means the Opencast Coal Act 1958;

“the 1981 Act” means the Acquisition of Land Act 1981;

and any reference to a numbered form is a reference to the form bearing that number in the Schedule to these Regulations, or to a form substantially to the same effect.

Prescribed forms in connection with compulsory rights orders

3.  The prescribed forms in relation to the provisions mentioned below are as follows—

(a) in relation to England and Wales—

(i) form 1 is the prescribed form for the purposes of section 4(1A)(b) of the 1958 Act;

and in respect of the following provisions of the 1981 Act as applied by section 4(4A) of the 1958 Act—

(ii) form 2 is the prescribed form for the purposes of section 10(2);

(iii) form 3 is the prescribed form for the purposes of sections 11(1) and 15;

(iv) form 4 is the prescribed form for the purposes of section 12(7);

(v) form 5 is the prescribed form for the purposes of section 22; and

(b) in relation to Scotland—

(i) form 1 is the prescribed form for the purposes of section 4(1A)(b) of the 1958 Act;

and in respect of the following provisions of Schedule 1 to the 1947 Act as applied by section 4(5) as read with section 4(8) of the 1958 Act;

(ii) form 2 is the prescribed form for the purposes of paragraph 2;

(iii) form 3 is the prescribed form for the purposes of paragraphs 3(a) and 6;

(iv) form 4 is the prescribed form for the purposes of paragraph 3(b); and

(v) form 5 is the prescribed form for the purposes of paragraph 13.

Prescribed forms in connection with rights of way orders

4.  The prescribed forms in relation to the subsections of section 15A of the 1958 Act mentioned below are as follows—

(a) for the purposes of subsection (1) and, as regards that subsection, subsection (5)(c), form 6;

(b) for the purposes of subsection (1A) and, as regards that subsection, subsection (5)(c), form 7;

(c) for the purposes of subsection (10) form 8.

Prescribed forms in connection with drainage orders

5.  The prescribed forms in relation to the provisions mentioned below are as follows—

(a) in relation to England and Wales—

(i) form 9 is the prescribed form for the purposes of section 16(2A)(c) of the 1958 Act;

and in respect of the following provisions of the 1981 Act as applied by section 16(4A) of the 1958 Act—

(ii) form 10 is the prescribed form for the purposes of section 10(2);

(iii) form 11 is the prescribed form for the purposes of sections 11(1) and 15;

(iv) form 12 is the prescribed form for the purposes of section 12; and

(v) form 5 is the prescribed form for the purposes of section 22;

(b) in relation to Scotland—

(i) form 9 is the prescribed form for the purposes of section 16(2A)(c) of the 1958 Act;

and in respect of the following provisions of Schedule 1 to the 1947 Act as applied by section 16(5) as read with section 16(9) of the 1958 Act—

(ii) form 10 is the prescribed form for the purposes of paragraph 2;

(iii) form 11 is the prescribed form for the purposes of paragraph 3(a) and 6;

(iv) form 12 is the prescribed form for the purposes of paragraph 3(b); and

(v) form 5 is the prescribed form for the purposes of paragraph 13.

Prescribed particulars

6.  Particulars of the matters specified in subsection (1) or, as the case may be, subsection (1A) of section 15A of the 1958 Act are prescribed for the purposes of section 15A(5)(c)

Revocation and transitional provision

7.—(1) The Opencast Coal (Compulsory Rights and Rights of Way) (Forms) Regulations 1987(8) are hereby revoked.

(2) Nothing in paragraph (1) shall affect the operation of those Regulations in relation to paragraph 9 of Schedule 10 to the Coal Industry Act 1994.

John Gummer

One of Her Majesty’s Principal Secretaries of State

2nd December 1994

Regulation 2

SCHEDULE

1. Form 1 Notice to persons directly concerned of an application for an order conferring compulsory rights.

2. Form 2 Compulsory rights order.

3. Form 3 Newspaper notice of making, or notice of confirmation, of compulsory rights order.

4. Form 4 Notice to persons directly concerned of the making of a compulsory rights order.

5. Form 5 Newspaper notice of giving of certificate under section 16, 19 or 20 of the Acquisition of Land Act 1981 or Part III of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1974.

6. Form 6 Notice of an application for an order suspending a public right of way.

7. Form 7 Notice of an application for the confirmation of an order suspending a public right of way.

8. Form 8 Newspaper/Gazette notice of confirmation of order suspending a public right of way.

9. Form 9 Notice to owners, lessees and occupiers of an applicatioin for an order conferring drainage and/or water supply rights.

10. Form 10 Drainage order.

11. Form 11 Newspaper notice of making, or notice of confirmation, of a drainage order.

12. Form 12 Notice to owners, lessees and occupiers of the making of a drainage order.

Regulation 3

FORM 1 NOTICE TO PERSONS DIRECTLY CONCERNED OF AN APPLICATION FOR AN ORDER CONFERRING COMPULSORY RIGHTSOPENCAST COAL ACT 1958

Regulation 3

FORM 2 OPENCAST COAL ACT 1958

Regulation 3

FORM 3 NEWSPAPER NOTICE OF MAKING OR NOTICE OF CONFIRMATION OF A COMPULSORY RIGHTS ORDEROPENCAST COAL ACT 1958

Regulation 3

FORM 4 NOTICE TO PERSONS DIRECTLY CONCERNED OF THE MAKING OF A COMPULSORY RIGHTS ORDEROPENCAST COAL ACT 1958

Regulations 3 and 5

FORM 5 NEWSPAPER NOTICE OF GIVING OF CERTIFICATE UNDER SECTION 16, 19 OR 20 OF THE ACQUISITION OF LAND ACT 1981 OR PART III OF SCHEDULE 1 TO THE ACQUISITION OF LAND (AUTHORISATION PROCEDURE) (SCOTLAND) ACT 1947OPENCAST COAL ACT 1958

Regulation 4(a)

FORM 6 NOTICE OF AN APPLICATION FOR AN ORDER SUSPENDING A PUBLIC RIGHT OF WAYOPENCAST COAL ACT 1958

Regulation 4(b)

FORM 7 NOTICE OF AN APPLICATION FOR THE CONFIRMATION OF AN ORDER SUSPENDING A PUBLIC RIGHT OF WAYOPENCAST COAL ACT 1958

Regulation 4(c)

FORM 8 NEWSPAPER/GAZETTE NOTICE OF CONFIRMATION OF AN ORDER SUSPENDING A PUBLIC RIGHT OF WAYOPENCAST COAL ACT 1958

Regulation 5

FORM 9 NOTICE TO OWNERS, LESSEES AND OCCUPIERS OF AN APPLICATION FOR AN ORDER CONFERRING DRAINAGE AND/OR WATER SUPPLY RIGHTSOPENCAST COAL ACT 1958

Regulation 5

FORM 10 OPENCAST COAL ACT 1958

Regulation 5

FORM 11 NEWSPAPER NOTICE OF MAKING OR NOTICE OF CONFIRMATION OF A DRAINAGE ORDEROPENCAST COAL ACT 1958

Regulation 5

FORM 12 NOTICE TO OWNERS, LESSEES AND OCCUPIERS OF THE MAKING OF A DRAINAGE ORDER

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the forms of certain orders under the Opencast Coal Act 1958 and the forms of the notices and advertisements to be given in connection with applications for, and the making and confirming of such orders. The orders in question are orders conferring compulsorily temporary rights of occupation, and of use of land for drainage and water supply purposes, on opencast coal operators to facilitate their operations and orders temporarily suspending non-vehicular rights of way for the same purpose.

The Regulations replace the Opencast Coal (Compulsory Rights and Rights of Way) (Forms) Regulations 1987, making the changes necessary in the light of the Coal Industry Act 1994.

(1)

1958 c. 69: section 15A is inserted by the Housing and Planning Act 1986 (c. 63) Schedule 8, paragraph 6. Subsection (1A) of section 4, subsection (1A) of section 15A and subsection (2A) of section 16 are inserted by the Coal Industry Act 1994 (c. 21) Schedule 8, paragraphs 2(2), 13(2) and 14(2).

(2)

1981 c. 67: section 29 is amended by paragraph 27 of Schedule 9 to the Coal Industry Act 1994; see also the definition of “prescribed” in section 29(10).

(3)

Section 4(4A) is inserted by paragraph 11(2) of Schedule 4 to the Acquisition of Land Act 1981. Section 16(4A) is inserted by paragraph 11(4) of Schedule 4 to that Act, and is amended by paragraph 14(5) of Schedule 8 to the Coal Industry Act 1994.

(4)

1947 c. 42.

(5)

Section 4(5) is applied in part to drainage orders by section 16(5) of the Opencast Coal Act 1958 as substituted by the Coal Industry Act 1994, Schedule 8, paragraph 14(7). See in particular the definition of “prescribed” in paragraph 11 of Schedule 2 to the Opencast Coal Act 1958.

(6)

See the definition of “the Minister” in section 51 of the Opencast Coal Act 1958, S.I. 1969/1498 and 1970/1537.

(7)

Section 12 in its relevant form is set out in section 29(4) of the Acquisition of Land Act 1981.

(8)

S.I. 1987/1915.