Paragraph 4
In section 7 (rights not affected by order)—
in subsection (2)(c)—
for “authorisation” there shall be substituted “ opencast planning permission ”;
for “the Corporation have” there shall be substituted “ the person entitled to the rights conferred by the compulsory rights order has ”; and
for the words from “under” to “applied” there shall be substituted “ under the provisions of the Act of 1990, applied ”;
in subsection (3)(a)—
for “made by the Corporation and” there shall be substituted “ to which the person entitled to the rights conferred by the compulsory rights order is or is deemed to be a party and which is ”; and
for “the Corporation are” there shall be substituted “ that person is ”;
and
for subsections (8) and (9) of that section there shall be substituted—
“(8)In this section—
“statutory water undertakers” means—
- (i)
in England and Wales, the National Rivers Authority, a water undertaker or a sewerage undertaker; and
- (ii)
in Scotland, a water authority within the meaning of the Water (Scotland) Act 1980;
“local enactment”—
- (i)
in England and Wales, means any local statutory provision within the meaning of the Water Industry Act 1991; and
- (ii)
in Scotland, has the same meaning as in the Water (Scotland) Act 1980;
and, in the application of this section to Scotland, for any reference to the Act of 1990 there shall be substituted a reference to the Town and Country Planning (Scotland) Act 1972.”