Schedule 2 MODIFICATIONS COMING INTO FORCE ON 27TH DECEMBER 1994

In section 17 of the Order contained in the Schedule to the Act, in the words preceding subsection (1), before the words “the following provisions” there shall be inserted the words “and the other persons referred to in subsections (1)(b), (3), (4) and (5) below”; and there shall be inserted before the word “apply” the words “or, as appropriate, such other persons”;

in subsection (1)(b), for the reference to the British Coal Corporation^f1 there shall be substituted the words “the responsible person (within the meaning of the Coal Industry Act 1994)”^f2;

in subsection (3), for the reference to the British Coal Corporation there shall be substituted the words “A licensed operator (within the meaning of the Coal Industry Act 1994)”^f3;

in subsection (4), for the reference to the British Coal Corporation^f4 there shall be substituted the words “the person in whom the liabilities under that agreement are for the time being vested”;

in subsection (5), for the first reference to the British Coal Corporation, there shall be substituted the words “the Coal Authority or the licensed operator (within the meaning of the Coal Industry Act 1994) as appropriate”^f5; and for the second such reference, there shall be substituted the words “the Coal Authority or that operator”; and

in subsection (9), after the reference to the British Coal Corporation there shall be inserted the words “, the Coal Authority or a licensed operator (within the meaning of the Coal Industry Act 1994)” .

In section 70, in the words preceding subsection (1), for the words between “protection of” and “the following provisions” there shall be substituted the words “the Coal Authority and the licensed operator (within the meaning of the Coal Industry Act 1994) in question”; and for the words “the board apply” there shall be substituted the words

“the British Coal Corporation (in this section referred to as “the board”), the Coal Authority or that operator”;

in subsection (2)(a), after the words “the board” there shall be inserted the words “, the Coal Authority or any licensed operator (within the meaning of the Coal Industry Act 1994)”^f6;

in subsection (2)(b), for the first reference to the British Coal Corporation^f7 there shall be substituted the words “the Coal Authority or the licensed operator (within the meaning of the Coal Industry Act 1994) in question”; and before the words “or in default” there shall be inserted the words “, the Coal Authority or that operator”;

in subsection (2)(c), for the first and third references to the British Coal Corporation^f8 there shall be substituted the words “the Coal Authority or the licensed operator (within the meaning of the Coal Industry Act 1994) in question, as appropriate”; and before the words “or in default” there shall be inserted the words “, the Coal Authority or the licensed operator in question”;

subsections (3) to (7) shall be omitted; and

in subsection (8), for the reference to the British Coal Corporation there shall be substituted the words “the Coal Authority or the licensed operator (within the meaning of the Coal Industry Act 1994) in question”^f9 .

In section 93 of the Order contained in the Schedule to the Act,

in the words before subsection (1), for the first reference to the British Coal Corporation^f10 there shall be substituted the words “the Coal Authority and the licensed operator in question”; and after the second such reference there shall be inserted the words “, the Coal Authority or that operator”;

in subsection (1), at the appropriate place there shall be inserted the following words—

• ““licensed operator” has the meaning given by section 65(1) of the Coal Industry Act 1994;”;

in subsection (2), for the words “the board shall not” there shall be substituted the words “neither the Coal Authority nor, in so far as he is authorised as a licensed operator to carry out the works in question, that operator, shall”;

in subsection (3), for the reference to the British Coal Corporation^f11 there shall be substituted the words “the Coal Authority or the licensed operator referred to in subsection (2)”;

in subsection (4), for the first and second references to the British Coal Corporation^f12 there shall be substituted the words “the Coal Authority”; for the third such reference there shall be substituted the words “the Coal Authority or a licensed operator”; and for the remaining such references there shall be substituted the words “the Coal Authority or that operator as appropriate”;

in subsection (5)(a), for the references to the British Coal Corporation there shall be substituted the words “the Coal Authority or a licensed operator”; and

in subsection (6), for the reference to the British Coal Corporation there shall be substituted the words “the Coal Authority or a licensed operator”.

In section 56, in subsection 4(a), for the first reference to the British Coal Corporation^f13 there shall be substituted the words “the Coal Authority or, as the case may be, a licensed operator (within the meaning of the Coal Industry Act 1994)”^f14; for the second such reference there shall be substituted the words “the Coal Authority or that operator”; and between the words “as” and “defined” there shall be inserted the words “that term was”; and

in subsection 4(b), after the words “Mines and Quarries Act, 1954)” there shall be added the words “or, in the case of a tip which is owned by the Coal Authority, that Authority”.

In section 34, for the first reference to the British Coal Corporation there shall be substituted the words “the Coal Authority or, as appropriate, a licensed operator (within the meaning of the Coal Industry Act 1994)”; for the second such reference there shall be substituted the words “The Coal Authority or such a licensed operator as is referred to in the last preceding subsection”; and for the third such reference there shall be substituted the words “the Coal Authority or to such a licensed operator as is referred to in subsection (1)”; and

in the proviso to section 36(1)—

• in paragraph (a), for the first reference to the British Coal Corporation^f15 there shall be substituted the words “the Coal Authority or, as the case may be, a licensed operator (within the meaning of the Coal Industry Act 1994)”^f16; for the second such reference there shall be substituted the words “the Coal Authority or that operator”; and between the words “as” and “defined” there shall be inserted the words “that term was”; and

• in paragraph (b), after the words “Mines and Quarries Act, 1954)” there shall be inserted the words “or, in the case of a tip which is owned by the Coal Authority, that Authority”.

In section 48, in the words preceding subsection (1), for the first reference to the British Coal Corporation^f17 there shall be substituted the words “the Coal Authority and the licensed operator in question”; and after the second such reference there shall be inserted the words “, the Coal Authority or that operator”;

in subsection (1), there shall be inserted at the appropriate place the words

• ““licensed operator” has the meaning given to it by section 65(1) of the Coal Industry Act 1994;”^f18; and in the definition of “coal”, for the words after “section” there shall be substituted the words “65 of the Coal Industry Act 1994”;

subsection (2) shall have effect as if there were substituted, for references to the British Coal Corporation^f19, references to the Coal Authority or, in relation to coal vested (whether by way of a leasehold interest or otherwise) in a licensed operator, that operator;

in subsection (3), for the reference to the British Coal Corporation there shall be substituted the words “the Coal Authority or, in relation to shafts and outlets vested (whether by way of a leasehold interest or otherwise) in a licensed operator, that operator”; and

in subsection (4), for the words before “, or otherwise” there shall be substituted the words “Neither the Coal Authority, the British Coal Corporation nor any licensed operator shall be liable under the Coal Mining Subsidence Act 1991”^f20 .

In the proviso to section 14(1), in paragraph (a), for the first reference to the British Coal Corporation^f21 there shall be substituted the words “the Coal Authority or, as the case may be, a licensed operator (within the meaning of the Coal Industry Act 1994)^f22”; for the second such reference there shall be substituted the words “the Coal Authority or that operator”; and between the words “as” and “defined” there shall be inserted the words “that term was”; and

in paragraph (b), after the words “Mines and Quarries Act 1954)” there shall be added the words “or, in the case of a tip which is owned by the Coal Authority, that Authority”.

In paragraph (iv) of the proviso to section 26(1), for the reference to the British Coal Corporation^f23 there shall be substituted the words “the Coal Authority or any licensed operator (within the meaning of the Coal Industry Act 1994)”^f24; between the words “as” and “respectively” there shall be inserted the words “such terms were”; and for the words “any mine of coal (as defined in the said Act of 1946)” there shall be substituted the words “any coal mine (within the meaning of the said Act of 1994)” .

In section 49, in the words preceding subsection (1), for the first reference to the British Coal Corporation there shall be substituted the words “the Coal Authority and the licensed operator in question”; and after the second such reference there shall be inserted the words “, the Coal Authority or that operator”;

in subsection (1), there shall be inserted at the appropriate place the words

• ““licensed operator” has the meaning given to it by section 65(1) of the Coal Industry Act 1994;”^f25; and in the definition of “coal”, for the words after “section” there shall be substituted the words “65(1) of the Coal Industry Act 1994;”;

subsection (2) shall have effect as if for references to the British Coal Corporation^f26 there were substituted references to the Coal Authority or, in relation to coal vested (whether by way of a leasehold interest or otherwise) in a licensed operator, that operator;

in subsection (3), for the reference to the British Coal Corporation^f27 there shall be substituted the words “the Coal Authority or, in relation to shafts and outlets vested (whether by way of a leasehold interest or otherwise) in a licensed operator, that operator”;

in subsection (5)(c), for the reference to the British Coal Corporation there shall be substituted references to the Coal Authority or, in relation to surface property of a licensed operator, that operator;

in subsection (5)(g), for the first reference to the British Coal Corporation there shall be substituted the words “the Coal Authority and any licensed operator, as appropriate,”; and for the second such reference there shall be substituted the words “the Coal Authority or that operator”;

in subsection (6), for the words before “or otherwise” there shall be substituted the words “Neither the Coal Authority, the British Coal Corporation nor any licensed operator shall be liable under the Coal Mining Subsidence Act 1991”^f28;

in subsection (7), for the words before “be liable” there shall be substituted the words “Neither the Coal Authority nor any licensed operator shall”; for the second and fourth references to the British Coal Corporation^f29 there shall be substituted the word “them”; and for the third such reference there shall be substituted the words “the Coal Authority and any licensed operator, as appropriate,”; and

subsections (8) to (11) shall have effect as if, for the references to the British Coal Corporation, there were substituted references to the Coal Authority or any licensed operator.

In section 17, in the words preceding subsection (1), for the first reference to the British Coal Corporation^f30 there shall be substituted the words “the Coal Authority and the licensed operator in question”; and after the second such reference there shall be inserted the words “, the Coal Authority or that operator”;

in subsection (1), in the definition of “coal”, for the words after “section” there shall be substituted the words “65(1) of the Coal Industry Act 1994;”^f31; and there shall be inserted at the appropriate place the words

• ““licensed operator” has the meaning given to it by section 65(1) of the Coal Industry Act 1994;”;

subsection (2) shall have effect as if there were substituted, for references to the British Coal Corporation,^f32 references to the Coal Authority or, in relation to coal vested (whether by way of a leasehold interest or otherwise) in a licensed operator, that operator;

in subsection (3), for the reference to the British Coal Corporation^f33 there shall be substituted the words “the Coal Authority or, in relation to shafts and outlets vested (whether by way of a leasehold interest or otherwise) in a licensed operator, that operator”; and

in subsection (4), for the words before “or otherwise” there shall be substituted the words “Neither the Coal Authority, the British Coal Corporation nor any licensed operator shall be liable under the Coal Mining Subsidence Act 1991”^f34 .

In section 30, in the words preceding subsection (1), for the first reference to the British Coal Corporation^f36, there shall be substituted the words “the Coal Authority and the licensed operator in question”; and after the second such reference there shall be inserted the words “, the Coal Authority or that operator”;

in subsection (1), in the definition of “coal”, for the words after “section” there shall be substituted the words “65(1) of the Coal Industry Act 1994;”^f37; and there shall be inserted at the appropriate place the words

• ““licensed operator” has the meaning given to it by section 65(1) of the Coal Industry Act 1994;”;

subsection (2) shall have effect as if there were substituted, for references to the British Coal Corporation, references to the Coal Authority or, in relation to coal vested (whether by way of a leasehold interest or otherwise) in a licensed operator, that operator;

in subsection (3), for the first and third references to the British Coal Corporation^f38 there shall be substituted the words “the Coal Authority or, in relation to shafts and outlets vested (whether by way of a leasehold interest or otherwise) in a licensed operator, that operator”; after the second such reference there shall be inserted the words “, the Coal Authority or, in relation to shafts and outlets vested (whether by way of a leasehold interest or otherwise) in a licensed operator, that operator”; and for the fourth such reference there shall be substituted the words “the Coal Authority or such operator, as appropriate”; and

in subsection (4), for the reference to the British Coal Corporation^f39 there shall be substituted the words “the Coal Authority or a licensed operator”.