Office of Public Sector Information
SCHEDULE 8 continued
39 (1) In paragraph 13 of Part II of Schedule 2 (procedure relating to orders), in sub-paragraph (2), for “The Corporation” there shall be substituted “The person on whose application a compulsory rights order has been made”.
(2) In sub-paragraph (3) of that paragraph—
(a) for the words “The Corporation”, at the beginning, there shall be substituted “That person”;
(b) after “on” there shall be inserted “the Coal Authority and on”; and
(c) for “to the Corporation” there shall be substituted “to the person serving the notice”.
(3) In sub-paragraph (4) of that paragraph, for “The Corporation” there shall be substituted “The person on whose application a compulsory rights order has been made”.
40 (1) In Schedule 3 (terminal compensation by way of payment for works)—
(a) in paragraph 1, after the definition of “compensation” there shall be inserted the following definition—
““final operator” means the person who immediately before the end of the period of occupation is the person entitled to the rights conferred by the order;”and
(b) for the words “the Corporation”, wherever they occur in that Schedule, there shall be substituted “the final operator”.
(2) In paragraph 3 of that Schedule—
(a) in sub-paragraph (a), for “object” there shall be substituted “objects”; and
(b) in sub-paragraph (b), for “they object” there shall be substituted “the final operator objects”.
(3) In paragraph 5 of that Schedule—
(a) in sub-paragraph (4)(a)(ii), for “have not” and “they have” there shall be substituted, respectively, “has not” and “the final operator has”; and
(b) in sub-paragraph (5), for “serve” there shall be substituted “serves”.
(4) In paragraph 8 of that Schedule—
(a) in sub-paragraph (a), for “have not served” there shall be substituted “has not served”; and
(b) in sub-paragraph (b), for “have served” there shall be substituted “has served”.
(5) In paragraph 9 of that Schedule—
(a) in sub-paragraph (1), for “have served” there shall be substituted “has served”; and
(b) in sub-paragraph (2), for “are precluded” there shall be substituted “is precluded”.
(6) In paragraph 10(1) of that Schedule—
(a) for “have served” there shall be substituted “has served”; and
(b) in paragraph (b), for “maintain” there shall be substituted “maintains”.
41 For paragraph 2 of Schedule 5 (compensation in respect of minerals) there shall be substituted the following paragraph—
“2 (1) Any entitlement to compensation under this Schedule shall be an entitlement to compensation from—
(a) in the case of compensation under paragraph 4 or 12 of this Schedule, the persons who, for the whole or any part of the year in question, have been entitled to the rights conferred by the order;
(b) in the case of compensation under paragraph 5 of this Schedule, the person on whose application that order is made;
(c) in the case of compensation under paragraph 6 of this Schedule, the person by whom the compensation would be payable if it were compensation under section 27 of this Act;
(d) in the case of compensation under paragraph 7, 8, 9, 10 or 13 of this Schedule, the person who immediately before the end of the period of occupation is the person entitled to the rights conferred by the order.
(2) Sub-paragraph (1)(a) of this paragraph shall have effect subject, where different persons have been entitled to the rights conferred by an order for different parts of the year, to any apportionment under section 35(3) of this Act.”
42 (1) In paragraph 1(2) of Schedule 6 (changes in right of occupation), for “seventeen to nineteen” there shall be substituted “17 and 18”.
(2) In paragraph 2 of that Schedule (new tenancies), for “seventeen to twenty” there shall be substituted “17 and 18”.
(3) Paragraphs 8 and 9 of that Schedule (which relate to compensation under section 19 but are applied in relation to compensation under Schedule 5) shall cease to have effect except so far as applied by paragraph 10 of that Schedule.
(4) In paragraph 26 of that Schedule (apportionment in respect of parts of a year), after sub-paragraph (4) there shall be inserted the following sub-paragraph—
“(5) This paragraph shall not apply in relation to any compensation the entitlement to which is apportioned in accordance with section 17(3A) of this Act.”
(5) In paragraph 31 of that Schedule (application of the Schedule to Scotland), for the words from “of land entered” to the end there shall be substituted “falling within section 2(2)(a) of the Scottish Act of 1991, to a lease and to section 2 of the Scottish Act of 1991.”
(6) Sub-paragraphs (1) to (4) above shall not apply in relation to any compulsory rights order confirmed before the restructuring date.
43 (1) In paragraph 3 of Schedule 8 (compensation for termination of allotment tenancy), for “the Corporation” there shall be substituted “the person on whose application the order was made”.
(2) In paragraph 4 of that Schedule (amount of compensation payable by the Corporation and interest), the words “by the Corporation” shall be omitted.
(3) In paragraph 5 of that Schedule (compensation for forced sales), the words “from the Corporation” in sub-paragraph (1) shall be omitted, and after that sub-paragraph there shall be inserted the following sub-paragraph—
“(1A) Compensation under this paragraph shall be payable by the person by whom it would be payable if it were compensation under section 27 of this Act.”
(4) In paragraph 6(3) of that Schedule (application of section 35(7) and (8)), the words “by the Corporation” shall be omitted.
(5) In paragraph 7 of that Schedule (disputes)—
(a) in sub-paragraphs (a) and (b), the words “from the Corporation” shall be omitted; and
(b) in the words after sub-paragraph (b), for “the Corporation” there shall be substituted “the person from whom it is claimed”.
(6) In paragraph 8 of that Schedule (costs of valuation), for “the Corporation” there shall be substituted “the person from whom the compensation under this Schedule is claimed”.
Coal Industry Act 1994