Paragraph 5
England, Wales and Scotland
A claimant who—
has served a retained interest notice relating to any land (in this paragraph referred to as “the relevant land”); and
is aggrieved by the service on him of a rejection notice relating to his retained interest notice, other than a rejection notice served pursuant to an order under this paragraph,
may, within the period of 3 months beginning on the date of service of the rejection notice make an application to the county court for an order directing the F1Corporation 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—
the Corporation have already served a rejection notice in respect of that person’s retained interest notice; and
the time within which he might have made an application under this paragraph in respect of that rejection notice has expired without such an application having been made.
On an application under this paragraph the court shall determine whether—
the applicant, or
any other party to the application who contests the applicant’s claim, or
any other person (whether a party to the application or not) on whom the Corporation have served an acceptance notice relating to the whole or any part of the relevant land,
was at the time he gave his retained interest notice entitled to a retained interest in the whole or any part of the relevant land and shall order the 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—
that a rejection notice is or has been served on every party to the application (other than the Corporation) on whom an acceptance notice is not ordered to be or has not been served; and
that, where it appears to the court that an acceptance notice has been served which should not have been served, that notice is cancelled and that the Corporation bring the cancellation to the notice of the person who, if the notice had not been cancelled, would for the time being have been entitled to receive compensation under section 3(4) of this Act in respect of the interest to which the acceptance notice related.
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—
that the person on whom the acceptance notice was served did not have a retained interest in the relevant land at the time he served his retained interest notice; and
that the Corporation served a rejection notice in respect of that retained interest notice.
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.
Annotations
Textual amendments
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Sch. 2 para. 5: for "Board" and "Board's" wherever they occur in the Act (with specified exceptions) there is substituted "Corporation" or "Corporation's" by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 28(2).
Notes on the whole Act
Textual amendments
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In this Act, for the words “Board” and “Board's” wherever they occur (except in ss. 1(4), 2(5), (6), (8), paras. 2(a) and 3(c) of Sch. 1 and in the first place they occur in s. 3(8)) there is substituted the words “Corporation” and “Corporation's” by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 28(2)
Notes on Schedule 2
Textual amendments
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Sch. 2 repealed (31.10.1994) by 1994 c. 21, s. 67 Sch. 11 Pt. II (with ss. 40(7), 49, 66 and with savings in Sch. 7 para. 12(1)(b)(3)); S.I. 1994/2553, art. 2