1994 No. 3097
The Opencast Coal (Compulsory Rights, Drainage and Rights of Way) (Forms) Regulations 1994
Made
Laid before Parliament
Coming into force
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.
SCHEDULE
OPENCAST COAL ACT 1958
OPENCAST COAL ACT 1958
OPENCAST COAL ACT 1958
OPENCAST COAL ACT 1958
OPENCAST COAL ACT 1958
OPENCAST COAL ACT 1958
OPENCAST COAL ACT 1958
OPENCAST COAL ACT 1958
OPENCAST COAL ACT 1958
(This note is not part of the Regulations)