Coal Industry Act 1994

• (4) After section 7 of that Act (imposition of restrictions on the working of minerals where a person having an interest in land is not entitled to support or to sufficient support for buildings or works) there shall be inserted the following section—

(7A) (1) Subject to subsections (2) and (3) below, on an application under section 7 of this Act, the applicant shall not be required to pay or give any compensation or consideration in respect of the imposition of restrictions appearing to the court to be justified by the existence of any right to withdraw support to which any person is entitled under section 38 of the Coal Industry Act 1994 (withdrawal of support). (2) Subsection (1) above shall not apply in a case where, in accordance with subsection (2)(b) of section 38 of the Coal Industry Act 1994, that section applies to the land in question by virtue of subsection (5)(a) of section 2 of the Coal Industry Act 1975. (3) Subsection (1) above shall apply in any case where section 38 of the Coal Industry Act 1994 applies to the land in question otherwise than by virtue of subsection (5) of section 2 of the Coal Industry Act 1975 only if the application under section 7 of this Act is sent to the Secretary of State before the end of the period of six months beginning with the date on which particulars of the notice relating to the land to which the application relates are first registered by the Coal Authority under section 56 of the Coal Industry Act 1994. (4) Notwithstanding anything in section 12 of this Act, any restrictions the imposition of which appears to the court to be justified as mentioned in subsection (1) above— (a) may be imposed under section 7 of this Act on the application of, and so as to vest the right to enforce the restrictions in, any such company, authority or body as is mentioned in the said section 12; and (b) may be so imposed on the application of, and so as to vest the right to enforce the restrictions in— (i) the National Rivers Authority or any water or sewerage undertaker; (ii) any public gas supplier within the meaning of Part I of the Gas Act 1986; or (iii) any company or other body or person carrying on an undertaking primarily for the supply of electricity or hydraulic power for public purposes or to members of the public.

The Land Commission Act 1967 (c. 1)

11

• (1) In section 14 of the Land Commission Act 1967 (power to override easements and other rights in England and Wales)—

• (a) in subsection (2), for the words from “statutory undertakers” to “unless” there shall be substituted “ or statutory undertakers) unless ”; and

• (b) subsection (5) shall cease to have effect.

• (2) In section 15 of that Act (power to override servitudes and other rights in Scotland)—

• (a) in subsection (2), for the words from “statutory undertakers” to “unless” there shall be substituted “ or statutory undertakers) unless ”; and

• (b) subsection (5) shall cease to have effect.

• (3) In section 58 of that Act (statutory undertakers and the Corporation), subsections (5) and (6) shall cease to have effect.

• (4) In section 89 of that Act (statutory undertakers), subsection (7) shall cease to have effect.

• (5) In paragraph 10 of Part I of Schedule 5 to that Act (dispositions by exempted bodies during an interim period), in sub-paragraph (2)(c), the words from “or the chargeable interest” to the end shall be omitted.

The Gaming Act 1968 (c. 65)

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Town and Country Planning (Scotland) Act 1972 (c. 52)

13

• (1) In section 181(1)(a) of the Town and Country Planning (Scotland) Act 1972 (application of provisions of that Act in relation to certain land), the words “or of the British Coal Corporation” shall be omitted.

• (2) In section 205 of that Act (procedure in anticipation of planning permission), in subsection (2)(a), the words “or the British Coal Corporation” shall be omitted.

• (3) Sections 251(3)(b) and 259 of that Act (minerals vested in the Corporation and application of that Act to the Corporation) shall cease to have effect.

The Fair Trading Act 1973 (c. 41)

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Consumer Credit Act 1974 (c. 39)

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Welsh Development Agency Act 1975 (c. 70)

16

In section 27(1) of the Welsh Development Agency Act 1975 (interpretation), in paragraph (b) of the definition of “statutory undertakers” the words “the British Coal Corporation” shall be omitted.

The Restrictive Trade Practices Act 1976 (c. 34)

17

In section 41(1) of the Restrictive Trade Practices Act 1976 (exceptions from the general restriction on the disclosure of information obtained under or by virtue of that Act), in paragraph (a)—

• (a) for “or the Authorised Conveyancing Practitioners Board” there shall be substituted “ the Authorised Conveyancing Practitioners Board, the Coal Authority ”; and

• (b) after “or the Railways Act 1993” there shall be inserted “ or the Coal Industry Act 1994 ”.

The Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

18

• (1) In section 15(3) of the Local Government (Miscellaneous Provisions) Act 1976 (restrictions on power of local authorities to survey land which they propose to acquire compulsorily), for “the Civil Aviation Authority and the British Coal Corporation” there shall be substituted “ and the Civil Aviation Authority ”.

• (2) In section 26(6)(b) of that Act (exemptions from power of certain councils with respect to dangerous excavations), for “the British Coal Corporation” there shall be substituted “ the Coal Authority ”.

The Development of Rural Wales Act 1976 (c. 75)

19

• (1) In paragraph (d) of section 4(1) of the Development of Rural Wales Act 1976 (power of the Development Board for Rural Wales to provide finance), in sub-paragraph (i), after “statutory undertakers” there shall be inserted “ or by the Coal Authority ”.

• (2) In section 34(1) of that Act (interpretation), in paragraph (b) of the definition of “statutory undertakers”, the words “the British Coal Corporation” shall be omitted.

• (3) In the Table in paragraph 56(3) of Schedule 3 to that Act (meaning of “appropriate Minister”), paragraph 8 shall cease to have effect.

The Land Registration (Scotland) Act 1979 (c. 33)

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Estate Agents Act 1979 (c. 38)

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

22

In section 61(2)(b) of the Ancient Monuments and Archaeological Areas Act 1979 (meaning of “statutory undertakers”), the words “the British Coal Corporation” shall be omitted.

The Competition Act 1980 (c. 21)

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Overseas Development and Co-operation Act 1980 (c. 63)

24

• (1) In section 2 of the Overseas Development and Co-operation Act 1980 (powers of statutory bodies in relation to the furnishing of assistance), subsection (4) (the Corporation) shall cease to have effect.

• (2) In Part III of Schedule 1 to that Act (statutory bodies with powers to furnish assistance under that Act), the entry relating to the British Coal Corporation shall be omitted.

The Local Government, Planning and Land Act 1980 (c. 65)

25

• (1) In paragraph (b) of the definition of “statutory undertakers” in each of sections 108(1), 120(3) and 170(1) of the Local Government, Planning and Land Act 1980 (definitions of “statutory undertakers”), the words “the British Coal Corporation” shall be omitted.

• (2) In Schedule 16 to that Act (bodies to whom provisions relating to land held by public bodies apply), in paragraph 14, for “The British Coal Corporation” there shall be substituted “ The Coal Authority ”.

The Highways Act 1980 (c. 66)

26

In section 290 of the Highways Act 1980 (supplementary provisions as to powers of entry for the purpose of survey)—

• (a) in subsection (5)—

• (i) for “of the British Coal Corporation, or” there shall be substituted “ of the Coal Authority, of any licensed operator (within the meaning of the Coal Industry Act 1994) or ”; and

• (ii) for the words from “to that Corporation” to the end there shall be substituted “ to that Authority or, as the case may be, to the licensed operator or statutory undertakers concerned. ”;

and

• (b) in subsection (7), the words “the British Coal Corporation, or” shall be omitted.

The Acquisition of Land Act 1981 (c. 67)

27

• (1) In section 17(4) of the Acquisition of Land Act 1981 (interpretation), paragraph (a) of the definition of “statutory undertakers” (the British Coal Corporation) shall be omitted.

• (2) In section 29 of that Act (application for the purposes of the Opencast Coal Act 1958)—

• (a) in subsection (2)—

• (i) in paragraph (b), for “the British Coal Corporation” there shall be substituted “ the Coal Authority ”; and

• (ii) in paragraph (c), the words “on the British Coal Corporation” shall be omitted;

and

• (b) after subsection (6) there shall be inserted the following subsection—

(6A) Part III of this Act shall apply as if section 17 were omitted.

• (3) In paragraph 1(5) of Schedule 2 to that Act (saving for section 17 of the Coal Act 1938), for “section 17(1) of the Coal Act 1938” there shall be substituted “ section 10(3) of the Coal Industry Act 1994 ”.

The Civic Government (Scotland) Act 1982 (c. 45)

28

In section 123(1) of the Civic Government (Scotland) Act 1982 (interpretation), in the definition of “statutory undertakers”, the words “the British Coal Corporation” shall be omitted.

The National Audit Act 1983 (c. 44)

29

In Part I of Schedule 4 to the National Audit Act 1983 (nationalised industries and other public bodies), the entry relating to the British Coal Corporation shall be omitted.

The Road Traffic Regulation Act 1984 (c. 27)

30

In paragraph 3 of Schedule 5 to the Road Traffic Regulation Act 1984 (buildings in relation to which the Secretary of State is the appropriate authority), in the first column, the reference to the Corporation shall be omitted.

The Roads (Scotland) Act 1984 (c. 54)

31

In section 140 of the Roads (Scotland) Act 1984 (right to enter land)—

• (a) in subsection (3)(b)—

• (i) for “the British Coal Corporation, and” there shall be substituted “ the Coal Authority, any licensed operator (within the meaning of the Coal Industry Act 1994), and ”; and

• (ii) for “the Corporation’s or” there shall be substituted “ the Authority’s, licensed operator’s, or ”;

and

• (b) in subsection (4), the words “or the British Coal Corporation” shall be omitted.

The Companies Act 1985 (c. 6)

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Housing Act 1985 (c. 68)

33

In section 573(1) of the Housing Act 1985 (meaning of “public sector authority”), after “the British Coal Corporation” there shall be inserted “ , the Coal Authority ”.

The Weights and Measures Act 1985 (c. 72)

34

In paragraph 28 of Schedule 5 to the Weights and Measures Act 1985 (exemption of the Corporation from certain provisions)—

• (a) sub-paragraphs (1) and (3) shall cease to have effect; and

• (b) in sub-paragraph (2), the words from “other than” to “applies” shall be omitted.

The Agricultural Holdings Act 1986 (c. 5)

35

Paragraph 8(1)(a) of Part II of Schedule 3 to the Agricultural Holdings Act 1986 (provision applicable to case where consent of tribunal to operation of notice to quit is not required) shall cease to have effect.

The Coal Industry Act 1987 (c. 3)

36

In section 5 of the Coal Industry Act 1987 (coal industry trusts)—

• (a) references to the body known as the Coal Industry Social Welfare Organisation shall include references to any person to whom functions of that body are transferred under section 12(3) of the Miners’ Welfare Act 1952; and

• (b) for subsection (4) there shall be substituted the following subsection—

(4) In this section “an employee organisation” means any organisation appearing to the Charity Commissioners to represent in respect of their employment a substantial number of persons whose employers are licensed operators within the meaning of the Coal Industry Act 1994, or who are all employed by the same licensed operator.

The Housing Act 1988 (c. 50)

37

In paragraph 4(b) of Part I of Schedule 9 to the Housing Act 1988 (meaning of “statutory undertakers”), the words “the British Coal Corporation” shall be omitted.

The Electricity Act 1989 (c. 29)

38

• (1) In subsection (2) of section 57 of the Electricity Act 1989 (which provides that the general restriction on the disclosure of information obtained under or by virtue of that Act does not apply in relation to the performance by certain authorities of their functions under the provisions listed in subsection (3) of that section), in paragraph (b), after sub-paragraph (ix) there shall be inserted the following sub-paragraph—

(ixa) the Coal Authority; or

.

• (2) In subsection (3) of that section, after paragraph (nn) there shall be inserted the following paragraph—

(nnn) the Coal Industry Act 1994;

.

The Town and Country Planning Act 1990 (c. 8)

39

• (1) In section 253(2)(a) of the Town and Country Planning Act 1990 (publication of notice of draft order stopping up or diverting highway), the words “or the British Coal Corporation” shall be omitted.

• (2) In section 315(4) of that Act (disapplication of regulation-making power from certain developments of the Corporation), paragraph (b) and the word “or” immediately preceding it shall cease to have effect.

• (3) Section 317 of that Act (regulation-making power to apply certain enactments to the Corporation) shall cease to have effect.

• (4) In paragraph 1(a)(i) of Schedule 13 to that Act (certain land required for the purposes of certain bodies to be blighted land), the words “or of the British Coal Corporation” shall be omitted.

The Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

40

Section 85 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (regulation-making power to apply certain enactments relating to statutory undertakers to the Corporation) shall cease to have effect.

The Coal Mining Subsidence Act 1991 (c. 45)

41

• (1) In subsection (7) of section 27 of the 1991 Act (interest on compensation)—

• (a) for “from the end of the period mentioned in subsection (5) above” there shall be substituted “ from the date of the claim on which the payment is made ”; and

• (b) at the end there shall be inserted “ but any period of delay in determining the amount of any such payment which is attributable to unreasonable conduct on the part of that person shall be disregarded for the purposes of this subsection. ”

• (2) In subsection (6) of section 30 of the 1991 Act (interest on compensation)—

• (a) for “from the end of the period mentioned in subsection (5) above” there shall be substituted “ from the date of the claim on which the payment is made ”; and

• (b) at the end there shall be inserted “ but any period of delay in determining the amount of any such payment which is attributable to unreasonable conduct on the part of that firm shall be disregarded for the purposes of this subsection. ”

• (3) For section 51 of the 1991 Act there shall be substituted the following section—

(51) Section 63 of the Coal Industry Act 1994 (service of documents) shall apply in relation to any notice, request, claim or other document which is required or authorised by virtue of this Act to be served on any person (whether by being given, made or sent to that person or otherwise) as it applies in relation to any document which is required or authorised to be served on any person by virtue of that Act.

• (4) In paragraph 3(5) of Schedule 6 to the 1991 Act (interest on farm loss payments), at the end there shall be inserted “ but any period of delay in determining the amount of any such payment which is attributable to unreasonable conduct on the part of that person shall be disregarded for the purposes of this sub-paragraph. ”

• (5) In paragraph 2 of Schedule 7 to the 1991 Act (saving where right to withdraw support was conferred by paragraph 5 of Schedule 2 to the Coal Act 1938), in sub-paragraph (1)(b), after “Act” there shall be inserted “ or section 38 of the Coal Industry Act 1994 ”.

The Water Industry Act 1991 (c. 56)

42

In paragraph 1(5) of Schedule 13 to the Water Industry Act 1991 (protection for certain undertakings)—

• (a) in paragraph (a), for “the British Coal Corporation” there shall be substituted “ the Coal Authority ”; and

• (b) at the end, there shall be inserted the following paragraph—

(j) the undertaking of any licensed operator, within the meaning of the Coal Industry Act 1994;

.

The Water Resources Act 1991 (c. 57)

43

• (1) In paragraph 1(4) of Schedule 22 to the Water Resources Act 1991 (protection for certain undertakings)—

• (a) in paragraph (a), for “the British Coal Corporation” there shall be substituted “ the Coal Authority ”; and

• (b) at the end there shall be inserted the following paragraph—

(j) the undertaking of any licensed operator, within the meaning of the Coal Industry Act 1994;

.

• (2) In Schedule 24 to that Act (authorities and enactments which are relevant to the exceptions to the restrictions under that Act on the disclosure of information)—

• (a) in Part I, after the entry relating to the Director General of Electricity Supply, there shall be inserted the following entry—

The Coal Authority.

; and

• (b) in Part II, after the entry relating to the Electricity Act 1989 there shall be inserted the following entry—

The Coal Industry Act 1994.

The Land Drainage Act 1991 (c. 59)

44

In paragraph 1(1) of Schedule 6 to the Land Drainage Act 1991 (protection for certain undertakings)—

• (a) in paragraph (a), for “the British Coal Corporation” there shall be substituted “ the Coal Authority ”; and

• (b) at the end, there shall be inserted the following paragraph—

(j) the undertaking of any licensed operator, within the meaning of the Coal Industry Act 1994.

The Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

45

In section 161(7) of the Leasehold Reform, Housing and Urban Development Act 1993 (interpretation), in paragraph (b) of the definition of “statutory undertakers”, the words “the British Coal Corporation” shall be omitted.

SCHEDULE 10

General saving for repeal of the Coal Act 1938

1

Where this Act repeals any provisions of the Coal Act 1938, that repeal shall not affect so much of this Act or any other enactment as makes provision by reference to anything within the meaning of that Act.

Deemed acknowledgments under section 14(3) of the Coal Act 1938

2

The repeal by this Act of subsection (3) of section 14 of the Coal Act 1938 shall not have effect so as, at any time after the coming into force of that repeal, to prevent any rights or obligations from arising in accordance with section 64 of the Law of Property Act 1925 (production and safe custody of documents) in respect of an acknowledgment which was deemed under that subsection to have been given to the Coal Commission.

Restrictions under section 33 of the Coal Act 1938

3

• (1) Notwithstanding the repeal by this Act of section 33 of the Coal Act 1938 (consent required for working of coal previously vested in statutory undertakers), where any coal which is vested in the Corporation immediately before the restructuring date is coal which by virtue of that section cannot be worked without the consent of the person in whom any undertaking is vested, the consent of the person in whom that undertaking is for the time being vested shall continue, subject to sub-paragraph (2) below, to be required, on and after that date, for the working of that coal.

• (2) The consent required by virtue of sub-paragraph (1) above for the working of any coal shall, if at any time the undertaking in question is vested in a person having no interest in land supported by that coal, cease from that time to be so required.

• (3) A consent required by virtue of this paragraph shall not be unreasonably withheld.

• (4) Sub-paragraph (3) above does not preclude the right of any person whose consent is sought for the purposes of this paragraph—

• (a) to give consent subject, so far as may be reasonably requisite—

• (i) to a condition that the working of the coal shall not be such as to let down any land in which that person is interested in respect of the undertaking in question or shall be limited to working in particular places or in a particular manner, or

• (ii) to other conditions or limitations as regards the working consented to or the payment of proper compensation for, or the making good of, damage arising therefrom;

or

• (b) to require, as a condition of consent, payment of a reasonable sum in respect of any legal or other expenses incurred in connection with the consent.

• (5) Any question arising under sub-paragraph (3) or (4) above shall be referred to and determined by the High Court or, in the case of coal in Scotland, the Court of Session.

• (6) On a reference under sub-paragraph (5) above, the High Court or Court of Session shall have power to dispense with the required consent either without conditions or limitations or subject to any such conditions or limitations as are mentioned in sub-paragraph (4) above.

• (7) In determining any question referred to it under sub-paragraph (5) above the High Court or Court of Session shall have regard primarily to the safety and efficient working of the undertaking in question.

• (8) The requirements of this paragraph—

• (a) shall be enforceable by the persons in whom the undertaking in question is for the time being vested; and

• (b) shall be so enforceable in the same manner, and (subject to any transfer of liabilities in accordance with a restructuring scheme) against the same persons, as by virtue of section 33(6) of the Coal Act 1938, it would have been enforceable immediately before the restructuring date by the persons in whom that undertaking was vested at that time.

Rights saved by section 34 of the Coal Act 1938

4

• (1) Neither the repeal by this Act of section 34 of the Coal Act 1938 (saving for certain statutory rights) nor the transfer by or under this Act of any interest in any land vested in the Corporation immediately before the restructuring date shall affect any such right as is referred to in subsection (1) of that section and is a right subject to which any land is held by the Corporation at that time.

• (2) Sub-paragraph (1) above shall be without prejudice to the transfer by or under this Act to any person of the Corporation’s liabilities in respect of any such right as is mentioned in that sub-paragraph.

Saving for rights under section 43(6) of the Coal Act 1938

5

The repeal by this Act of section 43 of the Coal Act 1938 (application of that Act in special cases) shall not affect—

• (a) any right of the Forestry Commissioners, as mentioned in subsection (6) of that section, to recover rent accruing on or after the restructuring date;

• (b) the obligation of those Commissioners in accordance with that subsection to pay that rent to the Corporation or, as the case may be, to the person to whom the Corporation’s right to receive that rent has been transferred in accordance with a restructuring scheme; or

• (c) the obligation under that subsection of the Corporation or, as the case may be, of the person to whom the Corporation’s obligations under that subsection have been so transferred to pay to those Commissioners any expenses incurred in the exercise, at any time on or after the restructuring date, of the powers mentioned in that subsection.

Licences under section 36 of the 1946 Act

6

As well as being subject to the savings in section 25(3) and (4) of this Act, the repeal by this Act of sections 1(1)(a) and (2)(a) and 36 of the 1946 Act (exclusive rights in relation to coal and licences as to certain coal-mining operations) shall be without prejudice to so much of any licence under section 36 of that Act as has effect (with any modifications made in accordance with any provision made under paragraph 4(5) of Schedule 2 to this Act) as a contract between—

• (a) the person to whom it is granted; and

• (b) the Corporation or, as the case may be, any person to whom the Corporation’s rights and liabilities under the licence are transferred in accordance with a restructuring scheme.

Repeal of section 41 of the 1946 Act

7

The repeal by this Act of section 41 of the 1946 Act (certain coal industry trusts) shall be without prejudice to the continuing effect after the time when that repeal comes into force of any order made before that time under that section.

Repeal of the Miners’ Welfare Act 1952

8

The repeal by this Act of the Miners’ Welfare Act 1952 shall not affect the application in relation to any trusts of section 2 of the Recreational Charities Act 1958 (certain trusts for the purposes of welfare activities within the meaning of that Act of 1952 to be charitable).

Opencast coal

9

• (1) Where any compulsory rights order has been made under the Opencast Coal Act 1958 before the restructuring date and is awaiting confirmation on that date, that order may be confirmed on or after that date in accordance with that Act as if it had been made by the Authority on the application of the Corporation.

• (2) The rights conferred on the Corporation by any compulsory rights order made under that Act before the restructuring date shall have effect on and after that date as if conferred on the Corporation and its successors (within the meaning of that Act) so as to be exercisable for the purposes only of—

• (a) operations which the Corporation or, as the case may be, any such successor is authorised to carry out by virtue of being a licensed operator; and

• (b) operations which are incidental to operations falling within paragraph (a) above (including operations carried out at times when the authorisation for the operations falling within that paragraph is not in force).

• (3) Any application to the Secretary of State for an order under section 15 or 16 of that Act which is pending immediately before the restructuring date shall have effect on and after that date as if made to the Authority; and paragraph (aa) of section 15A(1) of that Act (additional matter to be included in notice of application) shall be disregarded for the purposes of any application to which this sub-paragraph applies.

• (4) An order made under section 15 of that Act before the restructuring date shall not require the confirmation of the Secretary of State.

• (5) The provisions of this Act modifying section 16 of that Act shall not affect the operation of that Act in relation to any order made under that section before the restructuring date.

• (6) On and after the restructuring date compensation payable under that Act shall be payable in respect of any compulsory rights order made before that date as if the Corporation were the person on whose application that order was made.

Offshore coal adjacent to the Isle of Man

10

• (1) On and after the restructuring date the rights in relation to coal under the territorial sea adjacent to the Isle of Man which are vested in the Corporation by virtue of section 2(3) of the 1987 Act shall have effect as comprising the exclusive right of authorising—

• (a) the carrying on of any coal-mining operations for the purpose of searching or boring for that coal; and

• (b) the carrying on of any coal-mining operations consisting in the winning, working or getting of that coal, in the treatment of that coal in the strata for the purpose of winning any product of coal or in the winning, working or getting of any product of coal resulting from any such treatment of that coal.

• (2) Where, at any time on or after the restructuring date, there comes into force any Order in Council under section 1 of the 1987 Act for bringing any area outside the Isle of Man and the territorial sea adjacent to the Isle of Man within that territorial sea—

• (a) the rights previously vested in the Authority under this Act in relation to coal in that area shall become exercisable for purposes other than those of the rights of the United Kingdom mentioned in section 1 of the Continental Shelf Act 1964; and

• (b) those rights shall continue to be vested in the Authority except so far as the Order in Council provides for them to vest at that time in another person.

• (3) The rights in relation to coal under the territorial sea adjacent to the Isle of Man which—

• (a) by virtue of section 2(3) of the 1987 Act, are vested in the Corporation immediately before the restructuring date, or

• (b) are rights to which sub-paragraph (2) above has applied on the subsequent coming into force of an Order in Council under section 1 of that Act,

may at any time be surrendered by the person in whom they are vested (whether as mentioned in this paragraph or in accordance with a restructuring scheme) to, or to a person nominated by, the Government of the Isle of Man, and such a surrender shall be on such terms as may be agreed between that Government and the person making the surrender.

• (4) The rights mentioned in sub-paragraph (3) above shall be extinguished if at any time on or after the restructuring date they vest in or are surrendered to the person with the interests and rights of an owner in and in relation to the coal in question.

• (5) In this paragraph “the 1987 Act” means the Territorial Sea Act 1987, as extended to the Isle of Man by the Territorial Sea Act 1987 (Isle of Man) Order 1991.

Coal industry trusts and other social welfare bodies

11

The repeal by this Act of section 6 of the Coal Industry Act 1987 (coal industry trusts and other social welfare bodies) shall be without prejudice to the continuing effect after the time when that repeal comes into force of any order made before that time under that section.

Interests affected by planning proposals: blight

12

• (1) The repeals made by this Act in paragraph 1(a)(i) of Schedule 13 to the Town and Country Planning Act 1990 and section 181(1)(a) of the Town and Country Planning (Scotland) Act 1972 (land to which the provisions of those Acts relating to blight notices apply) shall not affect the operation of those Acts on and after the restructuring date in relation to any blight notice served on the Corporation before that date or to anything done in relation to such a notice.

• (2) In this paragraph, “blight notice” means a blight notice within the meaning of Chapter II of Part VI of that Act of 1990 or sections 181 to 196 of that Act of 1972.

Subsidence

13

• (1) Without prejudice to section 1(2) of the 1991 Act, the repeal by this Act of subsection (7) of section 34 of that Act (restriction of remedial obligation in relation to buildings etc. of which no notice was given) shall remove the restriction imposed by that subsection in relation to any remedial obligation which first arose before the restructuring date except where before that date either—

• (a) that obligation was discharged; or

• (b) terms of settlement in respect of any claim relating to that obligation were finally agreed or determined.

• (2) Without prejudice to section 37(4) of the 1991 Act (saving for agreements), the provisions of this Act and of that Act relating to any person who is the responsible person in relation to any subsidence damage, or who would be the responsible person if any such damage occurred, shall not affect any rights or obligations in connection with that damage which arise—

• (a) under or in pursuance of a restructuring scheme,

• (b) under or in pursuance of the conditions of any licence under Part II of this Act, or

• (c) apart from this Act,

as between different persons who are or have at any time been licensed operators, or as between the Authority and any one or more such persons.

• (3) Without prejudice to any power conferred by section 13 of the Interpretation Act 1978 (anticipatory exercise of powers), subordinate legislation which—

• (a) is made before the restructuring date under any power contained in the 1991 Act and after any such consultation as may be required for any exercise of that power before that date, and

• (b) is made so as not to come into force until on or after that date,

may contain any such provision as may be contained in any subordinate legislation made on or after that date in exercise of that power as amended by this Act.

SCHEDULE 11

Part I — Repeals coming into force on the passing of this Act

Part II — Repeals coming into force on the restructuring date

Part III — Repeals coming into force on an appointed day

Part IV — Repeals coming into force on the dissolution date

Duties of the Authority with respect to licensing.

Areas of responsibility.

The Local Government (Miscellaneous Provisions) Act 1976 (c.57)

The Ancient Monuments and Archaeological Areas Act 1979 (c.46)

Editorial notes

[^c10937061]: Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1

[^c10937081]: Words in s. 3(6) substituted (15.2.1999) by 1998 c. 17, s. 50, Sch. 4 para. 38(2) (with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2(1)

[^c10937091]: 1974 c. 37.

[^c10937101]: S. 7 power exercised: 31.10.1994 appointed as the restructuring date, see s. 68(2) and S.I. 1994/2553, art. 2

[^c10937111]: 1964 c. 29.

[^c10937121]: 1987 c. 49.

[^c10937131]: 1987 c. 49.

[^c10937141]: 1964 c. 29.

[^c10937221]: Words in s. 9(1) substituted (15.2.1999) by 1998 c. 17, s. 50, Sch. 4 para. 38(3)(a)(with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2(1)

[^c10937231]: Words in s. 9(1)(b) substituted (15.2.1999) by 1998 c. 17, s. 50, Sch. 4 para. 38(3)(b)(with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2(1)

[^c10937241]: Words in s. 9(4) inserted (15.2.1999) by 1998 c. 17, s. 50, Sch. 4 para. 38(3)(c)(with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2(1)

[^c10937291]: 1980 c. 58.

[^c10937301]: 1973 c. 52.

[^c10937311]: S. 10(3) applied (28.7.1998) by 1998 c. iii, s. 1, Sch., Order 40(2).

[^c10937321]: 1965 c. 36.

[^c10937381]: 1966 c. 47.

[^c10937391]: 1977 c. 39.

[^c10937401]: 1993 c. 2.

[^c10937411]: 1967 c. 91.

[^c10937421]: 1982 c. 15.

[^c10937431]: 1976 c. 1.

[^c10937441]: 1977 c. 39.

[^c10937451]: 1987 c. 3.

[^c10937461]: 1990 c. 3.

[^c10937471]: 1988 c. 1.

[^c10937481]: S. 22(1)(3) in force at 31.10.1994 by S.I. 1994/2552, art. 2, Sch. 1

[^c10937491]: 1952 c. 23.

[^c10937501]: S. 23 partly in force: s. 23 not in force at Royal Assent but in force on the restructuring date, see s. 68; 31.10.1994 appointed as the restructuring date for the Act, see S.I. 1994/2553, art. 2; S. 23(1)(a)(b)(c)(d) in force at 30.6.1995 by S.I. 1995/1507, art. 3

[^c10937511]: 1949 c. 53.

[^c10937531]: 1986 c. 45.

[^c10937541]: 1986 c. 45.

[^c10937631]: 1954 c. 70.

[^c10937641]: 1990 c. 8.

[^c10937651]: 1973 c. 65.

[^c10937661]: 1938 c. 52.

[^c10937671]: 1966 c. 4.

[^c10937681]: 1938 c. 52.

[^c10937691]: 1938 c. 34.

[^c10937701]: 1990 c. 8.

[^c10937711]: 1973 c. 65.

[^c10937721]: 1938 c. 52.

[^c10937731]: 1938 c. 52.

[^c10937741]: 1974 c. 40.

[^c10937751]: 1958 c. 69.

[^c10937761]: S. 53: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c10937771]: 1990 c. 8.

[^c10937781]: 1972 c. 52.

[^c10937791]: 1990 c. 8.

[^c10937801]: 1973 c. 65.

[^c10937811]: 1958 c. 69.

[^c10937861]: S. 54: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c10937871]: 1990 c. 8.

[^c10937881]: Words in s. 54(6) substituted (27.5.1997) by 1997 c. 11, s. 4, Sch. 2 para. 56(1)

[^c10937901]: 1990 c. 8.

[^c10937911]: 1973 c. 65.

[^c10937921]: 1974 c. 37.

[^c10937931]: 1938 c. 52.

[^c10937941]: 1958 c. 69.

[^c10937961]: Words in s. 57(4)(a)(ii) substituted (15.2.1999) by 1998 c. 17, ss. 50, 52(4), Sch. 4 para. 38(4); S.I. 1999/161, art. 2(1)

[^c10938971]: S. 59(2): disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. I para. 35

[^c10938981]: S. 59(3)(b) substituted (3.7.2002) by S.I. 2002/1555, art. 23

[^c10938991]: 1986 c. 45.

[^c10939001]: 1974 c. 37.

[^c10939011]: S. 59(3)(dd) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. IV para. 24

[^c10939031]: S. 59(3)(e)(vi) substituted (1.4.1996) by S.I. 1996/973, reg. 16.

[^c10939041]: 1968 c. 29.

[^c10939051]: 1973 c. 41.

[^c10939061]: 1974 c. 40.

[^c10939071]: S. 59(4)(e)(f) repealed (1.3.2000) by 1998 c. 41, s. 74(1)(3), Sch. 12 para. 18(a), Sch. 14 Pt. I; S.I. 2000/344, art. 2, Sch.

[^c10939091]: 1979 c. 38.

[^c10939101]: 1980 c. 21.

[^c10939111]: 1987 c. 43.

[^c10939121]: 1989 c. 29.

[^c10939131]: 1991 c. 57.

[^c10939141]: 1991 c. 59.

[^c10939151]: S. 59(4)(n) inserted (11.1.1999) by 1998 c. 41, s. 74(1), Sch. 12, para. 18(b); S.I. 1998/3166, art. 2, Sch.

[^c10939371]: S. 63 applied (31.10.1994) by 1994 c. 45, s. 51 (as substituted (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 41(3)).

[^c10939381]: 1978 c. 30.

[^c10939391]: 1946 c. 59.

[^c10939401]: 1975 c. 56.

[^c10939411]: 1991 c. 45.

[^c10939431]: 1987 c. 3.

[^c10939441]: 1978 c. 30.

[^c10939461]: 1978 c. 30.

[^c10939621]: S. 68(4)(5) power partly exercised: 19.9.1994 appointed for specified provisions by S.I. 1994/2189, art. 2, Sch.

[^c10940061]: 1961 c. 64.

[^c10940071]: 1964 c. 26.

[^c10940081]: S. 68(2)(d)(iii) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV, Group 2

[^c10940101]: S. 68(2)(d)(v) repealed (27.5.1997) by 1997 c. 11, s. 3, Sch. 1 Pt. I

[^c10940111]: 1980 c. 63.

[^c10940121]: 1983 c. 44.

[^c10940131]: 1984 c. 27.

[^c10940141]: 1990 c. 8.

[^c10940151]: 1993 c. 28.

[^c10940161]: 1961 c. 64.

[^c10940171]: 1980 c. 63.

[^c10940181]: 1983 c. 44.

[^c10940191]: 1984 c. 27.

[^c10940201]: 1993 c. 28.

[^c10940211]: 1967 c. 13.

[^c10940221]: 1975 c. 24

[^c10940231]: 1975 c. 25.

[^c10940241]: 1975 c. 55.

[^c10940251]: 1975 c. 24.

[^c10940261]: 1975 c. 25.

[^c10940271]: 1983 c. 44.

[^c10940281]: 1962 c. 22.

[^c10940291]: 1980 c. 63.

[^c10940301]: 1964 c. 29.

[^c10940311]: 1987 c. 49.

[^c10940321]: 1987 c. 3.

[^c10940331]: 1993 c. 2.

[^c10940341]: S.I. 1991/1722.

[^c10940351]: 1972 c. 11.

[^c10940361]: 1967 c. 13.

[^c10940371]: 1975 c. 24.

[^c10940381]: 1975 c. 25.

[^c10940391]: 1993 c. 2.

[^c10940401]: 1925 c. 20.

[^c10940411]: 1979 c. 33.

[^c10940421]: S.I. 1981/1794.

[^c10940431]: 1993 c. 2.

[^c10940491]: 1988 c. 1.

[^c10940501]: Definition of “the Capital Allowances Act” in Sch. 4 para. 1(2) inserted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(1)(a)

[^c10940511]: Words in Sch. 4 para. 1(2) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(1)(b)

[^c10940521]: Words in Sch. 4 para. 19(1)(2)(a) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(2)

[^c10940541]: Words in Sch. 4 para. 19(3)(b)(4)(b) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(3)

[^c10940561]: Words in Sch. 4 para. 20(1)(3)(7) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(4)(6)(a)(10)(a)

[^c10940571]: Words in Sch. 4 para. 20(2)(a) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(5)(a)

[^c10940581]: Words in Sch. 4 para. 20(2)(b) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(5)(b)(c)

[^c10940591]: Words in Sch. 4 para. 20(2)(b)(3)(5)(b) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(5)(b)(6)(b)(8)(b)

[^c10940611]: Words in Sch. 4 para. 20(2) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(5)(d)

[^c10940641]: Words in Sch. 4 para. 20(3)(a) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(6)(c)

[^c10940651]: Words in Sch. 4 para. 20(3)(c) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(6)(d)

[^c10940661]: Words in Sch. 4 para. 20(4)(b) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(7)

[^c10940671]: Words in Sch. 4 para. 20(5)(a) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(8)(a)

[^c10940681]: Words in Sch. 4 para. 20(5)(a) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(8)(a)

[^c10940701]: Words in Sch. 4 para. 20(5) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(8)(c)

[^c10940711]: Words in Sch. 4 para. 20(6)(a) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(9)(a)

[^c10940721]: Words in Sch. 4 para. 20(6)(b) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(9)(b)(c)

[^c10940751]: Words in Sch. 4 para. 20(7) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(10)(b)

[^c10940761]: Words in Sch. 4 para. 21(2)(3)(c)(4) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(11)(12)(b)(13)(b)

[^c10940771]: Words in Sch. 4 para. 21(3)(c) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(12)(a)

[^c10940791]: Words in Sch. 4 para. 21(3)(c) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(12)(c)

[^c10940801]: Words in Sch. 4 para. 21(3) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(12)(d)

[^c10940811]: Words in Sch. 4 para. 21(4)(a) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(13)(a)

[^c10940821]: Words in Sch. 4 para. 21(4) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(13)(c)

[^c10940871]: Words in Sch. 4 para. 22 substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 93(14)

[^c10940881]: 1993 c. 34.

[^c10940891]: 1993 c. 34.

[^c10940901]: 1891 c. 39.

[^c10940921]: 1993 c. 48.

[^c10940931]: 1993 c. 48.

[^c10940951]: Words in Sch. 5 para. 4(11) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 64.

[^c10940961]: 1966 c. 4.

[^c10940971]: 1958 c. 69.

[^c10940981]: 1986 c. 5.

[^c10940991]: 1991 c. 55.

[^c10941011]: 1938 c. 53.

[^c10941031]: Sch. 9 para. 12 in force except in so far as it relates to provisions coming into force on the restructuring date by virtue of s. 68(2)(d) at 31.10.1994 by S.I. 1994/2552, art. 2, Sch. 1

[^c10941141]: 1958 c. 69.

[^c10941151]: 1938 c. 52.

[^c10941161]: 1952 c. 23.

[^c10941171]: 1938 c. 52.

[^c10941181]: 1938 c. 52.

[^c10941191]: 1925 c. 20.

[^c10941201]: 1938 c. 52.

[^c10941211]: 1938 c. 52.

[^c10941221]: 1938 c. 52.

[^c10941231]: 1952 c. 23.

[^c10941241]: 1958 c. 17.

[^c10941251]: 1958 c. 69.

[^c10941261]: 1964 c. 29.

[^c10941271]: 1987 c. 49.

[^c10941281]: S.I. 1991/1722.

[^c10941291]: 1987 c. 3.

[^c10941301]: 1990 c. 8.

[^c10941311]: 1972 c. 52.

[^c10941351]: 1978 c. 30.

[^c10941361]: Sch. 11 Pt. 3 in force for specified purposes at 31.10.1994 and at 1.11.1994 by S.I. 1994/2552, arts. 2, 3, Schs. 1, 2 and Appendices

[^c23550531]: S. 67(2)-(6) in force and s. 67(8) in force for specified purposes at Royal Assent, see s. 68(6)(e)

[^c23550541]: S. 67(7) in force and 67(1)(8) in force for specified purposes at 31.10.1994 by S.I. 1994/2552, art. 2, Sch. 1, Appendix (with art. 4)

[^c23550551]: S. 67(1)(8) in force for specified purposes at 31.10.1994 ("the restructuring date"), see ss. 7, 68(2) and S.I. 1994/2553, art. 2

[^c23550561]: S. 67(1)(8) in force for specified purposes at 1.11.1994 by S.I. 1994/2552, art. 3, Sch. 2, Appendix

[^c23550571]: S. 67(8) in force for specified purposes at 24.12.1994 by S.I. 1994/3063, art. 2, Sch.

[^c23550581]: S. 67(8) in force for specified purposes at 1.3.1995 by S.I. 1995/273, art. 2, Sch.

[^c23550591]: S. 68(4)(5) power partly exercised: 31.10.1994 and 1.11.1994 appointed for specified provisions and purposes by S.I. 1994/2552, arts. 2, 3, Schs. 1, 2 and Appendices (with art. 4)

[^c23550601]: S. 68(2): 31.10.1994 appointed as the restructuring date, see s. 7 and S.I. 1994/2553, art. 2

[^c23550611]: S. 68(4)(5) power partly exercised: 24.12.1994 appointed for specified provisions and purposes by S.I. 1994/3063, art. 2, Sch.

[^c23550621]: S. 68(4): power partly exercised: 31.1.1995 appointed for s. 24 by S.I. 1995/159, art. 2

[^c23550631]: S. 68(4)(5) power partly exercised: 1.3.1995 appointed for specified provisions and purposes by S.I. 1995/273, art. 2, Sch.

[^c23550641]: Sch. 9 para. 8 in force except in so far as it relates to provisions coming into force on the restructuring date by virtue of s. 68(2)(d) at 31.10.1994 by S.I. 1994/2552, art. 2, Sch. 1

[^c23550651]: Sch. 9 para. 11(1)(2) in force except in so far as it relates to provisions coming into force on the restructuring date by virtue of s. 68(2)(d) at 31.10.1994 by S.I. 1994/2552, art. 2, Sch. 1

[^c23550661]: Sch. 9 para. 13(3) in force at 1.11.1994 by S.I. 1994/2552, art. 3, Sch. 2

[^c23550671]: Sch. 9 para. 39(2)(3) in force at 1.11.1994 by S.I. 1994/2552, art. 3, Sch. 2

[^c23550681]: Sch. 11 Pt. 3 in force for specified purposes at 24.12.1994 by S.I. 1994/3063, art. 2, Sch.

[^c23550691]: Sch. 11 Pt. 3 in force for specified purposes at 1.3.1995 by S.I. 1995/273, art. 2, Sch.

[^c23550701]: Sch. 9 para. 11(1)(2) in force in so far as not already in force and Sch. 9 para. 11(3)-(5) in force at 31.10.1994 ("the restructuring date"), see ss. 7, 68(2) and S.I. 1994/2553, art. 2

[^c23550711]: Sch. 9 para. 13(1)(2) at 31.10.1994 ("the restructuring date"), see ss. 7, 68(2) and S.I. 1994/2553, art. 2

[^c23550721]: Sch. 9 para. 39(1)(4) in force at 31.10.1994 ("the restructuring date"), see ss. 7, 68(2) and S.I. 1994/2553, art. 2

[^key-01b1803ef4b7444a00d30a3b8bddfcc7]: Words in s. 39(5) inserted (E.W.) (6.9.2015 for specified purposes, 7.1.2021 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 18; S.I. 2021/7, reg. 2(c)

[^key-030920babde3729c95517117ba2c7286]: S. 65A inserted (1.10.2007) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), art. 1(3)(a), Sch. 4 para. 84(2) (with art. 12)

[^key-034cd037a7d2328a15ee30c53f3ac36f]: Words in s. 59(3)(e)(v) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 113(a)(ii) (with art. 3)

[^key-051deaa4a25fa2bab60b0e5fb4c11df3]: Words in s. 4A(2) substituted (26.3.2015) by Energy Act 2011 (c. 16), ss. 115(2), 121(1); S.I. 2015/880, art. 2, Sch.