Coal Industry Act 1975
1975 c.56
An Act to provide for grants to the National CoalF1 Corporation to meet expenditure under a scheme providing for compensation for pneumoconiosis; to enable theF1 Corporation to withdraw support to enable coal to be worked and to work coal in former copyhold land; to make further provision in relation to opencast operations; and for purposes connected therewith.
In this Act, for the words “Board” and “Board's” wherever they occur (except in ss. 1(4), 2(5), (6), (8), paras. 2(a) and 3(c) of Sch. 1 and in the first place they occur in s. 3(8)) there is substituted the words “Corporation” and “Corporation's” by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 28(2)
F291 Grants to National Coal F2Corporation to meet expenditure under pneumoconiosis compensation scheme.
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4 Compulsory acquisition of rights over land for opencast operations.
C11
For subsections (1) to (4) of section 4 of the M1Opencast Coal Act 1958 (which provided for the making, within the period of ten years beginning with the commencement of that Act, of compulsory rights orders known as “opencast site orders” and “storage site orders”) there shall be substituted the following subsections:—
1
For the purpose of facilitating the working of coal by opencast operations, the F6Corporation may, by means of an order (in this Act referred to as a “compulsory rights order”) made by the F6Corporation and confirmed by the Secretary of State, compulsorily acquire, in accordance with the following provisions of this Act, temporary rights of occupation and use of the whole or part of the land comprised in an authorisation under section 1 of this Act.
2
Subject to the provisions of Part III of this Act as to the variation of orders, the period for which a compulsory rights order has effect shall be a period—
a
beginning with the date on which the order becomes operative (in this Act referred to as “the operative date”), and
b
of such duration, not exceeding twenty years, as may be specified in the order.
C12
In consequence of the provisions of subsection (1) above, the M2Opencast Coal Act 1958 shall have effect subject to the amendments in Schedule 3 to this Act.
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6 Additional compensation on re-occupation after opencast working.
C21
After section 23 of the Opencast Coal Act 1958 there shall be inserted the following section:—
23A Additional compensation on re-occupation.
1
Subject to the following provisions of this section, with a view to furthering the resumption of agriculture on land formerly comprised in a compulsory rights order, a person shall be entitled to compensation by virtue of this section in respect of a holding to which section 21 of this Act applies if he is in occupation of the holding at the end of the period of occupation or if he enters into occupation of the holding at or after the end of that period, provided that he is occupying the holding or (as the case may be) he enters into occupation of the holding wholly or mainly for the purposes of agriculture carried on by way of a trade or business.
2
No compensation shall be payable to a person by virtue of this section unless he is either the person who, immediately before the operative date of the compulsory rights order, was entitled to occupy the holding (in this subsection referred to as “the original occupier”) or a person who, before the end of the period of occupation, became entitled to the relevant interest in the holding in accordance with the disposition of, the original occupier’s estate effected by his will, or the law relating to intestacy, or the combination of his will and that law.
3
In subsection (2) above—
“the relevant interest”, in relation to any person, means the interest by virtue of which he became entitled to occupy the holding (or would have become so entitled if the compulsory rights order had not been made); and
“will” includes a codicil.
4
The compensation payable in respect of a holding by virtue of this section shall be payable by the F8Corporation and, subject to the following provisions of this section, shall be an amount equal to the compensation payable in respect of that holding under sections 18 and 19 of this Act for the last twelve months of the period of occupation.
5
Subject to the following provisions of this section, in any case where the compensation last payable in respect of a holding under sections 18 and 19 was in fact payable by reference to a period of less than twelve months, the compensation payable in respect of that holding by virtue of this section shall be an amount equal to the compensation which was so payable under sections 18 and 19, multiplied by the fraction of which the numerator is 365 and the denominator is the number of days in the period by reference to which the compensation was so payable under those sections.
6
Where the person entitled, immediately after the end of the period of occupation, to occupy the holding concerned ceases, before he enters into occupation, to be entitled to occupy some part of it then, subject to subsection (7) below,—
a
his entry into occupation of the part which he remains entitled to occupy shall be treated for the purposes of subsection (1) above as entry into occupation of the holding ; but
b
the compensation payable to him by virtue of this section shall be such proportion of the compensation which would have been so payable had he remained entitled to enter into occupation of the whole of the holding as is properly attributable to the part of the holding which he remains entitled to occupy.
7
If, immediately before the end of the period of occupation, only part of the holding concerned (in this subsection referred to as “the compensatable portion”) was comprised in the compulsory rights order and (after the end of the period of occupation) subsection (6) above applies, then—
a
if the part of the holding which the person concerned ceased to be entitled to occupy comprises the whole of the compensatable portion, no compensation shall be payable to him by virtue of this section ;
b
if the person concerned remains entitled to occupy the whole of the compensatable portion, the compensation so payable to him shall not be reduced under paragraph (b) of subsection (6) above ; and
c
in any other case, for the purpose of determining the proportion of the compensation properly attributable to any part of the holding under paragraph (b) of subsection (6) above, the holding shall be treated as consisting of the compensatable portion only.
C22
In section 35 of the M3Opencast Coal Act 1958 (time when compensation accrues due) after subsection (4) there shall be inserted the following subsection:—
4A
Any compensation payable under section 23A of this Act shall accrue due on the date when the person entitled to compensation enters into occupation, if after the end of the period of occupation, and at the end of the period of occupation in any other case.
C23
In Schedule 6 to that Act (application of compensation provisions to special cases), after paragraph 4 there shall be inserted the following paragraph—
4A
Where a compulsory rights order comprises the whole or part of a holding to which section 21 of this Act applies, and at the end of the period of occupation one person is entitled to occupy part of that holding and another person is entitled to occupy another part of that holding, each of those parts of the holding shall be treated for the purposes of section 23A of this Act as if it were a separate holding, and were a holding to which section 21 of this Act applied.
7 Savings, transitional provisions and repeals.
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3
Nothing in this Act shall affect the operation of section 3 of—
a
the M4Acquisition of Land (Authorisation Procedure) Act 1946, or
b
the M5Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947,
in any case where an order under that section was made, or notice of such an order was published, before the commencement of this Act.
C34
The enactments specified in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
8 Short title, commencement and extent.
1
This Act may be cited as the Coal Industry Act 1975.
2
This Act shall come into operation at the expiry of the period of one month beginning with the day on which it is passed.
3
Section 3 of this Act does not extend to Scotland.
4
This Act does not extend to Northern Ireland.
SCHEDULES
SCHEDULE 1 Supplementary Provisions Relating to Right to Withdraw Support
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F15SCHEDULE 2
Sch. 2 repealed (31.10.1994) by 1994 c. 21, s. 67 Sch. 11 Pt. II (with ss. 40(7), 49, 66 and with savings in Sch. 7 para. 12(1)(b)(3)); S.I. 1994/2553, art. 2
1
The provisions of this Schedule apply where a person (in this Schedule referred to as “the claimant”) gives to the F20Corporation notice of a retained interest as mentioned in section 3(3)(b) of this Act (in this Schedule referred to as a “retained interest notice”).
2
1
2
Within the period of three months beginning on the date on which the F21Corporation receive a retained interest notice or within such longer period as may be agreed between the F21Corporation and the claimant the F21Corporation shall serve on the claimant either—
a
a notice in the prescribed form accepting his title to the retained interest and acknowledging the obligation of the F21Corporation to pay compensation in respect of it under section 3 of this Act; or
b
a notice rejecting the claimant’s retained interest notice;
and in this Schedule a notice under paragraph (a) above is referred to as an “acceptance notice” and a notice under paragraph (b) above is referred to as a “rejection notice”.
3
A rejection notice shall specify the ground or grounds on which the F21Corporation reject the claimant’s retained interest notice.
3
Subject to paragraph 5 below, as soon as practicable after the F22Corporation have served an acceptance notice on a claimant, the F22Corporation shall pay to the claimant any reasonable legal expenses incurred by him for the purposes of—
a
establishing his ownership of the retained interest to which the acceptance notice relates; and
b
giving the retained interest notice by virtue of which the acceptance notice came to be served.
4
Subject to paragraph 5 below, where, after the receipt of a retained interest notice, the F23Corporation have served an acceptance notice in respect of the retained interest concerned, the service of that acceptance notice shall be a valid ground for the service of a rejection notice in respect of any other retained interest notice received by the F23Corporation after the first-mentioned notice and relating to any of the land in which subsists the retained interest in respect of which the acceptance notice was served.
5
1
A claimant who—
a
has served a retained interest notice relating to any land (in this paragraph referred to as “the relevant land”); and
b
is aggrieved by the service on him of a rejection notice relating to his retained interest notice, other than a rejection notice served pursuant to an order under this paragraph,
may, within the period of 3 months beginning on the date of service of the rejection notice make an application to the county court for an order directing the F24Corporation to withdraw the rejection notice and to serve an acceptance notice in respect of the retained interest which he claims.
2
On an application under this paragraph, the court may direct that, in addition to the applicant and the F24Corporation, any other person who has given a retained interest notice relating to the whole or part of any of the relevant land shall be made a party to the application unless—
a
the F24Corporation have already served a rejection notice in respect of that person’s retained interest notice; and
b
the time within which he might have made an application under this paragraph in respect of that rejection notice has expired without such an application having been made.
3
On an application under this paragraph the court shall determine whether—
a
the applicant, or
b
any other party to the application who contests the applicant’s claim, or
c
any other person (whether a party to the application or not) on whom the F24Corporation have served an acceptance notice relating to the whole or any part of the relevant land,
was at the time he gave his retained interest notice entitled to a retained interest in the whole or any part of the relevant land and shall order the F24Corporation (so far as they have not already done so) to serve an acceptance notice on that person or, if more than one of them were so entitled to a retained interest in the same piece of land, on that one of them whose retained interest notice was given first.
4
An order under sub-paragraph (3) above may contain such provisions as the court considers appropriate to secure—
a
that a rejection notice is or has been served on every party to the application (other than the F24Corporation) on whom an acceptance notice is not ordered to be or has not been served; and
b
that, where it appears to the court that an acceptance notice has been served which should not have been served, that notice is cancelled and that the F24Corporation bring the cancellation to the notice of the person who, if the notice had not been cancelled, would for the time being have been entitled to receive compensation under section 3(4) of this Act in respect of the interest to which the acceptance notice related.
5
If, in accordance with sub-paragraph (4) above, the court orders the cancellation of an acceptance notice, it shall be conclusively presumed for the purposes of section 3 of this Act and of the provisions of this Schedule other than this paragraph—
a
that the person on whom the acceptance notice was served did not have a retained interest in the relevant land at the time he served his retained interest notice; and
b
that the F24Corporation served a rejection notice in respect of that retained interest notice.
6
Nothing in paragraph 3 above shall affect the power of the court on an application under this paragraph (or in any subsequent proceedings) to make such order as to costs as it thinks fit; and any such order may make such modifications, if any, of the F24Corporation’s obligation under paragraph 3 above as appear to the court to be just in the light of the other provisions as to costs contained in the order.
6
The person having the right to receive compensation under section 3(4) of this Act in respect of a retained interest to which an acceptance notice relates shall be the person on whom that notice was served, notwithstanding that he may not own the retained interest at the time when the compensation becomes payable and, accordingly, that right shall devolve on his death and may be assigned in like manner as the right of a creditor under an unsecured debt.
7
Notwithstanding anything in paragraph 6 above if, at the time at which compensation becomes payable in respect of a retained interest, the F25Corporation pay compensation in good faith to the person who produces the acceptance notice relating to that interest, the surrender of that notice to the F25Corporation by way of receipt for the compensation shall constitute an adequate discharge to the F25Corporation of their liability to pay that compensation, without any further proof that the person producing the acceptance notice is entitled in accordance with paragraph 6 above to receive the compensation.
8
If at any time—
a
after the F26Corporation have served an acceptance notice in respect of a retained interest, and
b
before the date on which compensation becomes payable in respect of that interest,
the F26Corporation enter into an agreement in that behalf with the person who for the time being has the right to receive any such compensation, then, on payment to that person of such consideration as may be agreed, the F26Corporation shall be relieved of any contingent liability under subsection (4) or subsection (6) of section 3 of this Act in respect of that retained interest; and where any such agreement is entered into, paragraph 7 above shall apply in relation to the payment of the consideration agreed as it applies in relation to a payment of compensation at the time referred to in that paragraph.
9
Without prejudice to paragraph 8 above, at any time after the F27Corporation have served an acceptance notice in respect of a retained interest, they shall cease to be entitled to acquire by agreement that interest or any other retained interest in coal or a mine of coal comprised in or lying under any of the land in which subsists the retained interest to which the acceptance notice relates.
10
1
The F28Corporation shall keep, at such places as may be prescribed, a record of—
a
all retained interest notices given to the F28Corporation and all acceptance notices and rejection notices served by them, and
b
all sums paid by way of compensation under section 3(4) of this Act,
and that record shall contain a description of the land in which subsists the retained interest (or in the case of a rejection notice, the claimed retained interest) to which each such notice or payment relates sufficient to enable the land to be identified.
2
The record kept under this paragraph shall be open to public inspection at all reasonable hours, and different places may be prescribed for the keeping of the record relating to retained interests in different areas.
11
Section 55 of the M7Coal Act 1938 (service of notices, etc.) shall have effect as if the provisions of this Schedule were included in that Act.
SCHEDULE 3 Amendments of M6Opencast Coal Act 1958 consequential on Section 4
C41
In section 4(6) the words “being an opencast site order” shall be omitted.
C52
In section 5 for the words “an opencast site order”, in each place where they occur, there shall be substituted the words “a compulsory rights order”.
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4
C61
In section 7, in subsection (1) the words “or in accordance with subsection (3) of section six of this Act” shall be omitted.
C62
In subsection (3) of that section the words “In relation to an opencast site order” shall be omitted.
C63
In subsection (5) of that section the words from “or of” to the end of the subsection shall be omitted.
C64
In subsection (6) of that section the words “or section six of this Act” shall be omitted.
C65
In subsection (7) of that section the words “or in subsection (4) of section six of this Act” shall be omitted.
5
C71
In section 8, in subsection (1) the words “(whether it is an opencast site order or a storage site order)” shall be omitted.
C72
In subsection (3)(b) of that section the words “or subsection (2) of section six of this Act, as the case may be” shall be omitted.
C86
In section 9 for the words “an opencast site order”, in each place where they occur, there shall be substituted the words “a compulsory rights order”.
C97
In section 36, in subsection (2) for the words “an opencast site order”, in the first place where they occur, there shall be substituted the words “any compulsory rights order” and the words “opencast site”, where they occur in the proviso to the subsection, shall be omitted.
C108
In section 49, for the proviso to subsection (5) there shall be substituted the following proviso:—
Provided that where the period specified in the order is less than twenty years, this subsection shall not prevent the variation of the order by the extension of that period, if the period as extended does not exceed twenty years
C119
In section 51(1) the definitions of “opencast site order” and “storage site order” shall be omitted and in each of the definitions of “period of occupation” and “persons directly concerned” for the words following “assigned to it” there shall be substituted the words “by section 5 of this Act”.
F17C1210
In paragraph 5(1) of Schedule 2, for the words “an opencast site order” there shall be substituted the words “a compulsory rights order”.
11
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F19F19Schedule 4
Sch. 4 repealed by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(4), Sch. 12 Pt. II
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C13Schedule 5 Enactments Repealed
The text of ss. 4(1)(2), 6(1)—(3), 7(4), Sch. 3 paras. 1, 2, 4(1)—(5), 5(1)(2), 6—10, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Chapter | Short title | Extent of repeal |
|---|---|---|
1 & 2 Geo. 6. c. 52. | The Coal Act 1938. | In Schedule 2, Part II and, in Part III, paragraph 8(c). |
6 & 7 Geo. 6. c.38. | The Coal Act 1943. | Section 11. |
Schedule 2. | ||
9 & 10 Geo. 6. c. 49. | The Acquisition of Land (Authorisation Procedure) Act 1946. | In section 3, subsections (2) and (3) so far as not otherwise repealed. |
6 & 7 Eliz. 2. c. 69. | The Opencast Coal Act 1958. | In section 4(6) the words “being an opencast site order”. |
Section 6. | ||
In section 7, in subsection (1), the words “or in accordance with subsection (3) of section six of this Act”; in subsection (3), the words “In relation to an opencast site order”; in subsection (5), the words from “or of” to the end of the subsection; in subsection (6), the words “or section six of this Act”; and in subsection (7), the words “or in subsection (4) of section six of this Act”. | ||
In section 8, in subsection (1), the words “(whether it is an opencast site order or a storage site order)”; and in subsection (3)(b) the words “or subsection (2) of section six of this Act, as the case may be”. | ||
In section 36(2), the words “opencast site”, where they occur in the proviso to the subsection. | ||
In section 45, in subsection (3), the words “section three of the Acquisition of Land Act, as applied by”; and subsection (5). | ||
In section 51(1) the definitions of “opencast site order” and “storage site order”. | ||
In Schedule 10, paragraph 12. | ||
1968 c. 41. | The Countryside Act 1968. | In Schedule 3, in Part I, paragraph 3 of the provisions relating to the Acquisition of Land (Authorisation Procedure) Act 1946. |
1971 c. 78. | The Town and Country Planning Act 1971. | In Schedule 3, paragraph 8(c). |
Act wholly in force at 1.9.1975 see s. 8(2)