{
  "url": "https://openlegislation.uk/coal-mining-subsidence-act-1957-repealed-30111991/schedule-SECOND/paragraph-10",
  "json_url": "https://openlegislation.uk/coal-mining-subsidence-act-1957-repealed-30111991/schedule-SECOND/paragraph-10.json",
  "legislation": "ukpga/Eliz2/5-6/59",
  "legislation_title": "Coal-Mining (Subsidence) Act 1957 (repealed 30.11.1991)",
  "legislation_url": "https://openlegislation.uk/coal-mining-subsidence-act-1957-repealed-30111991",
  "path": "schedule/SECOND/paragraph/10",
  "kind": "paragraph",
  "number": "10",
  "heading": null,
  "text": "In the application of this Schedule to Scotland—\n(a) paragraph 7 shall not apply, but where the interest in the property in question of the person to whom the whole or part of a payment under subsection (4) of section one of this Act falls to be paid is subject to a trust within the meaning of the Trusts (Scotland) Act 1921 or to an entail or to a life-rent, that person shall hold and apply that payment or that part thereof in like manner as if the interest had been acquired under compulsory powers and the payment or that part thereof were the purchase money or compensation for that interest:\n(b) the following expressions have the following meanings respectively, that is to say—\n“fee simple” means, in the case of feudal property, the estate or interest of the proprietor of the dominium utile, or, in the case of property other than feudal property, the estate or interest of the owner;\n“incumbrance” means any ground annual or other incumbrance or any liability to pay feuduty;\n“easement” means servitude;\n“mortgage” means—\n(i)a heritable security within the meaning of the Conveyancing (Scotland) Act 1924 exclusive of a security by way of ground annual and a real burden ad factum praestandum but inclusive of a security constituted by ex facie absolute disposition; or\n(ii)an assignation in security of a lease recorded under the Registration of Leases (Scotland) Act 1857;\nand “mortgagee” shall be construed accordingly;\n“rentcharge” means a feuduty or a ground annual.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "M",
      "label": "M1",
      "text": "1921. c. 58."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1924 c. 27."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "1857 c. 26."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Eliz2/5-6/59/schedule/SECOND/paragraph/10",
    "retrieved_at": "2026-10-29T11:13:32.032762+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}