Coal Industry Act 1994

• (e) to take samples, or cause samples to be taken, of any articles or substances found in or on any premises which he has power to enter, and of the air or water or land in, on, or in the vicinity of, the premises;

• (f) to require any person to give him such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by virtue of this section.

• (4) The powers which are conferred in relation to any land by this section include power, for the purposes mentioned in subsection (2) above—

• (a) to carry out experimental borings or other works on those premises; and

• (b) to install, keep or maintain monitoring and other apparatus there.

• (5) Where subsection (6) below applies, any entry to premises by virtue of this section shall (except in an emergency) be effected only—

• (a) after the expiry of at least seven days' notice of the proposed entry given to a person who appears to the authorised person to be in occupation of the premises in question; and

• (b) either—

• (i) with the consent of a person who is in occupation of those premises; or

• (ii) under the authority of a warrant granted under paragraph 2 of Schedule 1C to this Act.

• (6) This subsection applies where it is proposed to—

• (a) enter any premises used for residential purposes; or

• (b) take heavy equipment on to any premises which are to be entered.

• (7) Where an authorised person proposes to enter any premises and—

• (a) entry has been refused and he reasonably believes that the use of force may be necessary to effect entry; or

• (b) he reasonably believes that entry is likely to be refused and that the use of force may be necessary to effect entry,

any entry to those premises by virtue of this section shall (except in an emergency) be effected only under the authority of a warrant granted under paragraph 2 of Schedule 1C to this Act.

• (8) In this section—

• “premises” includes any land, vehicle or vessel, and any plant which is designed to move or be moved (whether or not on roads);

• “emergency” means a case in which it appears to the authorised person in question—that there is an immediate risk of serious pollution of the environment; orthat circumstances exist which are an immediate danger to life or health,and that immediate entry to any premises is necessary to verify the existence of that risk or those circumstances or to ascertain the cause of that risk or those circumstances or to effect a remedy.

• (9) Schedule 1C to this Act makes further provision regarding powers of entry.

4F

• (1) The Authority may, with the authorisation of the Scottish Ministers, acquire any land anywhere in Scotland compulsorily if the Authority is of the opinion that—

• (a) the acquisition is for the purpose of preventing, or mitigating the effect of, a discharge of water from a coal mine; and

• (b) the discharge has caused, is causing or is likely to cause—

• (i) serious pollution of the water environment; or

• (ii) danger to life or health.

• (2) The power to acquire land under subsection (1) above includes power to acquire a servitude or other right in or over land by the creation of a new right.

• (3) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) applies in relation to an acquisition under subsection (1) above as if—

• (a) this section were contained in an Act in force immediately before the commencement of that Act; and

• (b) references in that Act to a local authority were references to the Authority.

SCHEDULE 1C

Exercise of powers of entry etc.

1

• (1) A person entitled to enter premises by virtue of the power mentioned in section 4E(3)(a) of this Act—

• (a) may take on to the premises such other persons (including, if the person reasonably believes he is likely to be obstructed, a constable) and such equipment or materials as may be necessary; but this is, where that power is exercisable under a warrant, subject to the terms of the warrant; and

• (b) must, if required to do so, produce written evidence of that entitlement.

• (2) A person who enters premises in the exercise of a power conferred by virtue of section 4E of this Act must leave the premises as effectually secured against trespassers as the person found them.

• (3) Where a person exercises a power conferred by virtue of section 4E(3)(a) or (4) of this Act, the Authority is to make full compensation to any person who has sustained loss or damage by reason of—

• (a) the exercise of that power; or

• (b) the carrying out of, or failure to carry out, the duty imposed by sub-paragraph (2) above,

except in so far as the loss or damage is attributable to the fault of the person who sustained it.

• (4) Any dispute as to a person's entitlement to compensation under sub-paragraph (3) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbiter, appointed—

• (a) by agreement between the Authority and the person who claims to have sustained the loss or damage; or

• (b) in default of agreement, by the Scottish Ministers.

• (5) Any person who makes use of or discloses any trade secret of which the person has gained knowledge as a result of the exercise of a power conferred by virtue of section 4E of this Act is guilty of an offence.

• (6) A person who is guilty of an offence under sub-paragraph (5) above is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum; or

• (b) on conviction on indictment, to a fine.

• (7) In this schedule, “premises” has the meaning given by section 4E(8) of this Act.

Warrants

2

• (1) If a sheriff or justice of the peace is satisfied, by evidence on oath, that—

• (a) there are reasonable grounds for the exercise in relation to any premises of a power mentioned in section 4E(3) or (4) of this Act; and

• (b) at least one of the conditions mentioned in sub-paragraph (2) below is fulfilled in relation to the premises,

the sheriff or justice may grant a warrant authorising the Authority (and any person authorised by the Authority for the purpose) to exercise the power in relation to the premises in accordance with the terms of the warrant and, if need be, by force.

• (2) The conditions are—

• (a) that the exercise of the power in relation to the premises has been refused;

• (b) that such a refusal may reasonably be expected;

• (c) that the premises are unoccupied;

• (d) that the occupier is temporarily absent from the premises and the case is one of urgency.

• (3) In a case where subsections (5) and (6) of section 4E of this Act apply, a sheriff or justice shall not issue a warrant under this paragraph by virtue of being satisfied that a condition mentioned in head (a) or (b) of sub-paragraph (2) above is fulfilled unless the sheriff or justice is also satisfied that notice required by subsection (5)(a) of that section has been given and that the period of that notice has expired.

• (4) A warrant granted under this paragraph continues in force until the purposes for which the warrant is issued have been fulfilled.

65A

The Companies Acts (as defined by section 2 of the Companies Act 2006) have effect in relation to a company that—

• (a) is wholly owned by the Crown, and

• (b) has been notified by the Secretary of State that it is a company to which it is proposed to transfer any part of the Corporation’s undertaking,

as if references to a shadow director did not include the Treasury or any Minister of the Crown.

Annual report of the Authority.

4CA

• (1) The Authority may take such action as it considers appropriate (if any)—

• (a) with respect to subsidence arising otherwise than in connection with coal-mining;

• (b) for the purpose of preventing, or mitigating the effect of, the discharge of water other than from a coal mine into or on to any land or into any controlled waters.

• (2) The powers conferred on the Authority by subsection (1) do not affect any other function of the Authority.

4G

• (1) The Authority may take such action as it considers appropriate (if any)—

• (a) with respect to subsidence arising otherwise than in connection with coal-mining;

• (b) for the purpose of preventing, or mitigating the effect of, the discharge of water other than from a coal mine into or on to any land or into the water environment.

• (2) The powers conferred on the Authority by subsection (1) do not affect any other function of the Authority.

26A

• (1) If or to the extent that a licence under this Part authorises coal-mining operations in relation to coal in Wales, it shall have effect only if the Welsh Ministers notify the Authority that they approve the authorisation.

• (2) In this section “"Wales”” has the meaning given in section 158(1) of the Government of Wales Act 2006.

Report on financial assistance for coal-mining museums.