Coal Industry Act 1975
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The Secretary of State may make, in accordance with this section, grants out of money provided by Parliament towards expenditure incurred, whether before or after the commencement of this Act, by the National Coal Board (in this Act referred to as " the Board ") under or for the purposes of the industry's pneumoconiosis compensation scheme.
The total of grants under this section shall not exceed £100 million.
No grant shall be made under this section towards any expenditure incurred by the Board in paying benefits under the industry's pneumoconiosis compensation scheme to or in respect of any person unless it appears to the Secretary of State—
that that person became entitled before 1st October 1974, in respect of pneumoconiosis contracted by him. to such other description of benefit as, in accordance with the scheme, qualifies him, or any other person in respect of him, to benefit under the scheme ; or
that, in a case where paragraph (a) above does not apply, pneumoconiosis contracted by that person would be treated, for the purposes of a claim to any such other description of benefit as is referred to in that paragraph, as having developed on a date before 1st October 1974.
In this section " the industry's pneumoconiosis compensation scheme " means—
the scheme set out in the Schedule to an agreement dated 13th September 1974 and made between the Board and the National Union of Mineworkers, the National Association of Colliery Overmen Deputies and Shotfirers and the British Association of Colliery Management; and
any variation of that scheme (whether operating by way of amendment or replacement of that scheme or otherwise) which is for the time being approved by the Secretary of State, with the consent of the Treasury.
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shall indicate the land to which it relates, either by reference to a map or in such other manner as appears to the Board to be appropriate in the circumstances of the case, and
shall state the Board's intention to exercise in relation to that land the right conferred on the Board by this section, and
shall be published—
in the London Gazette or, if the land to which the notice relates is situated in Scotland, in the Edinburgh Gazette; and
on two successive weeks in such newspapers circulating in the locality concerned as appear to the Board to be desirable for giving adequate publicity to the notice;
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serve a copy of the notice on every local planning authority in whose area or, in Scotland, on every planning authority in whose district lies any part of the land to which the notice relates, and
post a copy or copies of the notice in some conspicuous place or places on the land to which the notice relates,
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pay proper compensation for the damage, or
with the consent (which shall not be unreasonably with held) of the person who would otherwise be entitled to the payment of compensation for the damage, make good the damage to the reasonable satisfaction of that person and without expense to him ;
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by virtue of paragraph 5 of Schedule 2 to the Coal Act 1938 (cases where rights to withdraw support were annexed to coal or a mine of coal before the valuation date), or
by virtue of paragraph 1 of Schedule 2 to the Coal Act 1943 (rights to withdraw support from protected and other land originally comprised in a coal-mining lease),
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any agreement binding on the Board immediately before the commencement of this Act, being an agreement made between the Board, the Coal Commission or a coal owner and a person interested in any land whereby the Board, the Coal Commission or the coal owner agreed not to work any coal or (as the case may be) any minerals or not to withdraw support from any land, or
any provision contained, in a coal-mining lease which is binding on the Board immediately before the commencement of this Act and which prohibits the withdrawal of support from any land specified in the lease, or
any restrictions* terms or conditions applicable to the working of any coal—
by virtue of an agreement binding; on the Board and entered into after 1st July 1942 and before the commencement of this Act, or
by virtue of an order made, whether before or after the commencement of this Act under section 1 or section 7 of the Mines (Working Facilities and Support) Act 1966, or
by virtue of, or of any consent in relation to a restriction imposed by, section 33 of the Coal Act 1938.
any such right as is referred to in section 34(1) of the Coal Act 1938 (statutory rights of the Crown, local authorities, statutory undertakers, and other persons to restrict the withdrawal of support etc.),
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section 42 (application of Part I to Crown and Duchy land);
section 44 (interpretation of Part I);
section 45 (application of Part I to Scotland); and
section 55 (service of notices etc.).
Notwithstanding anything in section 5(6) of the Coal Act 1938 (interests of former copyholders which were preserved after enfranchisement to be retained interests) where any coal or a mine of coal vested in the Board is comprised in or lies under land— the Board shall have the like right to work that coal or, for any coal-mining purpose, to use that mine as if they had .acquired all retained interests subsisting in that coal or mine immediately before the commencement of this Act.
which was formerly copyhold, and
which is comprised in an area specified in a notice under this section,
Before exercising their rights under subsection (1) above with respect to land in any area the Board shall publish notice of their intention to do so—
in the London Gazette, and
on two successive weeks in such newspapers circulating in the area concerned as appear to the Board to be desirable for giving adequate publicity to their intention.
Every notice under subsection (2) above—
shall indicate the area of land to which it relates either by reference to a map or in such other manner as appears to the Board to be appropriate in the circumstances of the case;
shall invite the owners of retained interests in coal or any mine of coal comprised in or lying under land in that area to give notice of their interests to the Board within the period of twelve years beginning with the date on which the notice under subsection (2) above is first published ; and
shall contain such other particulars as may be prescribed.
Where the Board— then, in respect of that interest, the Board shall pay compensation calculated by reference to the consideration which, on the date on which they began to exercise the right referred to in paragraph (c) above, would have been appropriate, as between a willing grantor and a willing grantee, on a conveyance of that interest to the Board; and any dispute as to the amount of compensation payable by the Board by virtue of this subsection shall be determined by the Lands Tribunal.
have published a notice under subsection (2) above, and
have been given notice of a retained interest as mentined in subsection (3) (b) above, and
have begun to exercise the right conferred on them by subsection (1) above in relation to any coal or a mine of coal comprised in or lying under any land in which the retained interest subsists,
Schedule 2 to this Act shall have effect for supplementing the provisions of this section.
Where compensation is payable to any person under subsection (4) above there shall be paid to him, in addition to the compensation, any reasonable valuation expenses incurred by him for the purpose of ascertaining the value, at the date referred to in subsection (4) above, of the retained interest to which the compensation relates, but this subsection is without prejudice to the powers of the Lands Tribunal in respect of the costs of proceedings before the Tribunal by virtue of subsection (4) above.
Subject to paragraph 9 of Schedule 2 to this Act, the service of a notice under subsection (2) above shall not prevent the Board from acquiring by agreement any retained interest in coal or a mine of coal comprised in or lying under land in the area to which the notice relates.
If, by virtue of an order under section 1 of the Mines (Working Facilities and Support) Act 1966 or of any agreement, the Board are entitled immediately before the commencement of this Act to work any coal or to use any mine of coal in which a retained interest subsists at that time, then, if and so long as the Board continue on and after the commencement of this Act to be so entitled, nothing in the preceding provisions of this section shall apply with respect to that coal or mine of coal or to any retained interest therein ; and accordingly—
in so far as any notice which is published under subsection (2) above at a time when the Board are so entitled specifies an area which includes the land in or under which that coal or mine of coal is comprised or lies, so much of that land as consists of that coal or mine of coal shall be deemed to be excluded from that area; and
in so far as notice of a retained interest which is given as mentioned in subsection (3)(b) above at a time when the Board are so entitled relates to a retained interest in any land in or under which that coal or mine of coal is comprised or lies, for the purposes of determining the amount of any compensation payable under subsection (4) above, that interest shall be treated as not subsisting in that coal or mine of coal.
In this section and Schedule 2 to this Act " prescribed " means prescribed by the Secretary of State by regulations made by statutory instrument; and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Section 42 of the Coal Act 1938 (application of Part I to Crown and Duchy Land) and, except in so far as it defines " prescribed ", section 44 of that Act (interpretation of Part D shall have effect as if the preceding provisions of this section and Schedule 2 to this Act were included in Part I of that Act.
For subsections (1) to (4) of section 4 of the Opencast 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:—
In consequence of the provisions of subsection (1) above, the Opencast Coal Act 1958 shall have effect subject to the amendments in Schedule 3 to this Act.
Subject to subsection (3) below, for section 15 of the Opencast Coal Act 1958 (which provides for the suspension of certain public rights of way by the application of section 3 of either the Acquisition of Land (Authorisation Procedure) Act 1946 or the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947) there shall be substituted the following section:—
For the purpose— Schedule 1 to that Act (procedure for granting authorisations) shall have effect subject to the amendments in Schedule 4 to this Act.
of giving effect to section 15 of the Opencast Coal Act 1958, as set out in subsection (1) above, and
of securing that, before he grants an authorisation under section 1 of that Act, the Secretary of State considers every objection which is duly made and not withdrawn,
In any case where— nothing in subsection (1) or subsection (2) above or in the repeals effected by this Act shall affect the operation of that Act or of any other enactment in relation to that application or (unless that application is rejected and a further application is made after the commencement of this Act) the suspension of that right of way.
before the commencement of this Act the Board' have, in accordance with any provision of paragraph 4 of Schedule 1 to the Opencast Coal Act 1958, published or served notice of an application for an authorisation under section 1 of that Act, and
there subsists over any part of the land described in the application as land which the Board will require to occupy any such public right of way as is referred to in subsection (1) of section 15 of that Act,
“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.
In section 35 of the Opencast Coal Act 1958 (time when compensation accrues due) after subsection (4) there shall be inserted the following subsection:—
In Schedule 6 to that Act (application of compensation provisions to special cases), after paragraph 4 there shall be inserted the following paragraph—
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notification of a proposal to construct any buildings or works has been given under paragraph 6(3)(a) of Schedule 2 to the Coal Act 1938, and
the construction of those buildings or works has not been completed (whether or not it has been begun) before the commencement of this Act, and
paragraph 3 of Schedule 1 to this Act does not apply,
Nothing in this Act shall affect the operation of section 3 of— 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.
the Acquisition of Land (Authorisation Procedure) Act 1946, or
the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947,
The enactments specified in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Coal Industry Act 1975.
This Act shall come into operation at the expiry of the period of one month beginning with the day on which it is passed.
Section 3 of this Act does not extend to Scotland.
This Act does not extend to Northern Ireland.
Section 2.
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immediately before the commencement of this Act the Board had a right to withdraw support from any land by virtue of paragraph 5 of Schedule 2 to the Coal Act 1938, including that paragraph as applied by paragraph 1(2) of Schedule 2 to the Coal Act 1943, and
after the commencement of this Act that land is damaged by the working of coal in exercise of the right to withdraw support conferred on the Board by section 2 of this Act,
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before the commencement of this Act, public notice was given in relation to any land under sub-paragraph (2) of paragraph 6 of Schedule 2 to the Coal Act 1938 (in the following provisions of this paragraph referred to as " paragraph 6 "), and
at any time between the first publication of that notice and the commencement of this Act, the construction began of any buildings or works on land to which the notice applied, and
immediately before the commencement of this Act, the obligation of the Board under sub-paragraph (1) of paragraph 6 in relation to those buildings or works was limited as mentioned in paragraph (b) or paragraph (e) of sub-paragraph (3) of paragraph 6 (which contained provisions similar to sub-paragraphs (3) and (6) of paragraph 1 above), the obligation of the Board, in relation to those buildings or works, to pay compensation or make good any damage under section 2(4) of this Act shall be limited as mentioned in sub-paragraph (3) or, as the case may require, sub-paragraph (b) of paragraph 1 above.
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The provisions of this Schedule apply where a person (in this Schedule referred to as “the claimant”) gives to the Corporation 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”).
Together with a retained interest notice given by him to the Corporation the claimant shall furnish to the Corporation adequate proof of his title to the interest at the time the notice is given. Within the period of three months beginning on the date on which the Corporation receive a retained interest notice or within such longer period as may be agreed between the Corporation and the claimant the Corporation shall serve on the claimant either— 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”. A rejection notice shall specify the ground or grounds on which the Corporation reject the claimant’s retained interest notice.
Subject to paragraph 5 below, as soon as practicable after the Corporation have served an acceptance notice on a claimant, the Corporation shall pay to the claimant any reasonable legal expenses incurred by him for the purposes of—
establishing his ownership of the retained interest to which the acceptance notice relates; and
giving the retained interest notice by virtue of which the acceptance notice came to be served.
Subject to paragraph 5 below, where, after the receipt of a retained interest notice, the Corporation 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 Corporation 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.
A claimant who— 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 Corporation to withdraw the rejection notice and to serve an acceptance notice in respect of the retained interest which he claims. On an application under this paragraph, the court may direct that, in addition to the applicant and the Corporation, 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— On an application under this paragraph the court shall determine whether— 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 Corporation (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. An order under sub-paragraph (3) above may contain such provisions as the court considers appropriate to secure— 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— 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 Corporation’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.
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.
Notwithstanding anything in paragraph 6 above if, at the time at which compensation becomes payable in respect of a retained interest, the Corporation pay compensation in good faith to the person who produces the acceptance notice relating to that interest, the surrender of that notice to the Corporation by way of receipt for the compensation shall constitute an adequate discharge to the Corporation 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.
If at any time— the Corporation 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 Corporation 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.
after the Corporation have served an acceptance notice in respect of a retained interest, and
before the date on which compensation becomes payable in respect of that interest,
Without prejudice to paragraph 8 above, at any time after the Corporation 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.
The Corporation shall keep, at such places as may be prescribed, a record of— 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. 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.
Section 55 of the Coal Act 1938 (service of notices, etc.) shall have effect as if the provisions of this Schedule were included in that Act.
Section 4.
In section 4(6) the words “being an opencast site order” shall be omitted.
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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In section 7, in subsection (1) the words “or in accordance with subsection (3) of section six of this Act” shall be omitted. In subsection (3) of that section the words “In relation to an opencast site order” shall be omitted. In subsection (5) of that section the words from “or of” to the end of the subsection shall be omitted. In subsection (6) of that section the words “or section six of this Act” shall be omitted. In subsection (7) of that section the words “or in subsection (4) of section six of this Act” shall be omitted.
In section 8, in subsection (1) the words “(whether it is an opencast site order or a storage site order)” shall be omitted. 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.
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”.
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.
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
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”.
In paragraph 5(1) of Schedule 2, for the words “an opencast site order” there shall be substituted the words “a compulsory rights order”.
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At the end of paragraph 2 of the Schedule there shall be added the words and.
If the Board propose to include in an application for an authorisation under section 1 of this Act an application for an order under section 15 thereof, sub-paragraph (1) above shall have effect as if—
Paragraph 7 of the Schedule shall be amended in accordance with the provisions of this paragraph. In sub-paragraph (1) of that paragraph for the words from " grant the authorisation" to the end of the sub-paragraph there shall be substituted the words "after considering any Other objections which are duly made and not withdrawn— either in accordance with the Board's application or subject to such modifications as he may determine ". In sub-paragraph (2) of that paragraph after the words " any objection " there shall be inserted the words " to the grant of the authorisation is " after the words " lessee or occupier " there shall be inserted the word " and " and for the words " the objection " there shall be substituted the words " all objections to the grant of the authorisation which are duly made and not withdrawn ". If, in the case of an application which includes an application for an order under section 15 of this Act, any objection to the making of the order is duly made by the council of any such county or district or, in Scotland, by any such local authority as is mentioned in paragraph 4(1)(b) of this Schedule and is not withdrawn, the Secretary of State shall cause a public local inquiry to be held and shall consider all objections to the making of the order which are duly made and not withdrawn and the report of the person who held the inquiry before determining whether to make the order; and if he determines to make the order, he may do so either in accordance with the Board's application or subject to such modification as he may determine. If, in a case where a public local inquiry is required to be held by virtue of sub-paragraph (2) above, such an inquiry is also required to be held by virtue of sub-paragraph (2A) above the Secretary of State may direct that those inquiries, including, in a case falling within paragraph 6 of this Schedule, any inquiry relating to a compulsory rights order on which proceedings are to be taken concurrently with the proceedings relating to the application for an authorisation, shall be held concurrently. In sub-paragraph (3) of that paragraph for the words " the last preceding sub-paragraph " there shall be substituted the words " sub-paragraphs (2) and (2A) above ", after the word "authorisation " there shall be inserted the words " or, as the case may be, make an order " and for the words " that sub-paragraph " there shall be substituted the words " either or both of those sub-paragraphs ".
Where an order is made under section 15 of this Act, sub-paragraph (1) above shall have effect in relation to the order as if—
In paragraph 11 of the Schedule, for the words " paragraph 5 " there shall be substituted the words " paragraphs 4(2)(b) and 5 ".
section 7(4). 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).