1994 No. 3097

COAL INDUSTRY

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

Made2nd December 1994

Laid before Parliament9th December 1994

Coming into force31st 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 19581 (“the 1958 Act”), sections 10(2), 11(1), 12, 15, 22 and 29 of the Acquisition of Land Act 19812 as applied by sections 4(4A) and 16(4A)(a) of the 1958 Act3, and paragraphs 2, 3, 6, 13 and 18 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 19474 as applied by section 4(5) of, and Part I of Schedule 2 to, the 1958 Act5, and now vested in him6, and of all other powers enabling him in that behalf, hereby makes the following Regulations—

Citation and commencement1

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.

Interpretation2

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 orders3

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 127;

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 orders4

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 orders5

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 particulars6

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 provision7

1

The Opencast Coal (Compulsory Rights and Rights of Way) (Forms) Regulations 19878 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 GummerOne of Her Majesty’s Principal Secretaries of State2nd December 1994

SCHEDULE

Regulation 2

CONTENTS

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

Form 2Compulsory rights order.

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

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

Form 5Newspaper 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.

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

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

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

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

Form 10Drainage order.

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

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

FORM 1NOTICE TO PERSONS DIRECTLY CONCERNED OF AN APPLICATION FOR AN ORDER CONFERRING COMPULSORY RIGHTS

OPENCAST COAL ACT 1958

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FORM 2OPENCAST COAL ACT 1958

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FORM 3NEWSPAPER NOTICE OF MAKING OR NOTICE OF CONFIRMATION OF A COMPULSORY RIGHTS ORDER

OPENCAST COAL ACT 1958

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FORM 4NOTICE TO PERSONS DIRECTLY CONCERNED OF THE MAKING OF A COMPULSORY RIGHTS ORDER

OPENCAST COAL ACT 1958

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FORM 5NEWSPAPER 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 1947

OPENCAST COAL ACT 1958

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FORM 6NOTICE OF AN APPLICATION FOR AN ORDER SUSPENDING A PUBLIC RIGHT OF WAY

OPENCAST COAL ACT 1958

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FORM 7NOTICE OF AN APPLICATION FOR THE CONFIRMATION OF AN ORDER SUSPENDING A PUBLIC RIGHT OF WAY

OPENCAST COAL ACT 1958

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FORM 8NEWSPAPER/GAZETTE NOTICE OF CONFIRMATION OF AN ORDER SUSPENDING A PUBLIC RIGHT OF WAY

OPENCAST COAL ACT 1958

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

OPENCAST COAL ACT 1958

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FORM 10OPENCAST COAL ACT 1958

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FORM 11NEWSPAPER NOTICE OF MAKING OR NOTICE OF CONFIRMATION OF A DRAINAGE ORDER

OPENCAST COAL ACT 1958

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

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(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.