# The Opencast Coal (Compulsory Rights and Rights of Way) (Forms) Regulations 1987 S.I. 1987/1915 · made 10 November 1987 These Regulations prescribe the forms of certain orders under the Opencast Coal Act 1958 and the forms of the notices and advertisements to be given in connection with making and confirming such orders. The orders in question are orders conferring compulsorily rights of temporary occupation on the British Coal Corporation to facilitate opencast working and orders temporarily suspending non-vehicular rights of way for the same purpose. Made under: 1958 c. 69 (Section 4, Section 15A, Section 49, Schedule 2); Acquisition of Land Act 1981 (Section 7, Section 10, Section 11, Section 12, Section 15, Section 22, Section 29); 1947 c. 42 (Schedule 1 paragraph 2, Schedule 1 paragraph 3, Schedule 1 paragraph 6, Schedule 1 paragraph 13, Schedule 1 paragraph 18) PDFs: Printed copy https://openlegislation.uk/opencast-coal-compulsory-rights-and-rights-of-way-forms-regulations-1987/pdf/uksi_19871915_en.pdf ## Introductory text COAL INDUSTRY Made 10th November 1987 Laid before Parliament 20th November 1987 Coming into force 11th December 1987 The Secretary of State, in exercise of the powers conferred by sections 4, 15A(1), (5)(c) and (10) and 49(1) of the Opencast Coal Act 1958 (“the 1958 Act”), sections 7(2), 10(2), 11(1), 12, 15, 22 and 29 of the Acquisition of Land Act 1981 as applied by section 4(4A) of the 1958 Act and paragraphs 2, 3, 6, 13 and 18 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 as applied by section 4(5) and (8) of, and Part 1 of Schedule 2 to, the 1958 Act, and now vested in him, and of all other powers enabling him in that behalf, hereby makes the following Regulations:— ## 1 Citation and commencement (1) These Regulations may be cited as the Opencast Coal (Compulsory Rights and Rights of Way) (Forms) Regulations 1987. (2) These Regulations shall come into force on 11th December 1987. ## 2 Interpretation In these Regulations— (a) “the 1958 Act” means the Opencast Coal Act 1958; and (b) any reference to a numbered form includes a reference to a document in substantially the same form. ## 3 Prescribed forms: suspension of rights of way Forms 1, 2 and 3 in Part I of the Schedule hereto are the prescribed forms for the purposes of subsections (1), (5)(c) and (10) respectively of section 15A of the 1958 Act. ## 4 Prescribed forms: compulsory rights orders The forms set out in Part II of the Schedule hereto are hereby prescribed as follows:— (a) in relation to England and Wales— (i) forms 4 and 5 are the prescribed forms for the purposes of sections 10(2) and 11(1) respectively of the Acquisition of Land Act 1981; (ii) form 6 (or in the case of a limited rights order, form 7) is the prescribed form for the purposes of section 12 of the said 1981 Act; and (iii) forms 8 and 9 are the prescribed forms for the purposes of sections 15 and 22 respectively of the said 1981 Act; (b) in relation to Scotland— (i) forms 4 and 5 are the prescribed forms for the purposes of paragraphs 2 and 3(a) respectively of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947; (ii) form 6 (or, in the case of a limited rights order, form 7) is the prescribed form for the purposes of paragraph 3(b) of that Schedule; and (iii) forms 8 and 9 are the prescribed forms for the purposes of paragraphs 6 and 13 respectively of that Schedule. ## 5 Prescribed particulars The prescribed particulars for the purposes of section 15A(5)(c) of the 1958 Act are the particulars required to be included in a notice in form 2. ## 6 Revocation The Opencast Coal (Authorisations and Compulsory Rights Orders) Regulations 1975 are hereby revoked; but any form prescribed by those regulations shall be deemed to be prescribed by these Regulations where an application or an order as the case may be has been made before the coming into force of these Regulations. ## Signature Nicholas Ridley One of Her Majesty’s Principal Secretaries of State 10th November 1987 ## The singular has been used throughout these forms: where the plural is required it should be used. ## I RIGHTS OF WAY FORM 1 NEWSPAPER NOTICE OF AN APPLICATION FOR AN ORDER SUSPENDING A PUBLIC RIGHT OF WAY OPENCAST COAL ACT 1958 FORM 2 NOTICE OF AN APPLICATION FOR AN ORDER SUSPENDING A PUBLIC RIGHT OF WAY TO BE AFFIXED TO A CONSPICUOUS OBJECT AT EITHER END OF RIGHT OF WAY OPENCAST COAL ACT 1958 Regulations 3 and 5 FORM 3 NOTICE OF MAKING OF AN ORDER SUSPENDING A RIGHT OR WAY OPENCAST COAL ACT 1958 Regulation 3 ## II COMPULSORY RIGHTS ORDERS FORM 4 …COMPULSORY RIGHTS ORDER 19… (a) Regulation 4 FORM 5 NEWSPAPER NOTICE OF MAKING OF A COMPULSORY RIGHTS ORDER OPENCAST COAL ACT 1958 Regulation 4 FORM 6 NOTICE TO PERSONS DIRECTLY CONCERNED OF THE MAKING OF A COMPULSORY RIGHTS ORDER OTHER THAN A LIMITED RIGHTS ORDER OPENCAST COAL ACT 1958 Regulation 4 FORM 7 NOTICE TO PERSONS DIRECTLY CONCERNED OF THE MAKING OF A LIMITED COMPULSORY RIGHTS ORDER OPENCAST COAL ACT 1958 Regulation 4 FORM 8 NEWSPAPER NOTICE AND NOTICE TO BE SERVED ON PERSONS DIRECTLY CONCERNED OF CONFIRMATION OF ORDER OPENCAST COAL ACT 1958 Regulation 4 FORM 9 NEWSPAPER NOTICE OF GIVING OF CERTIFICATE UNDER PART III OF THE ACQUISITION OF LAND ACT 1981 OR PART III OF SCHEDULE 1 TO THE ACQUISITION OF LAND (AUTHORISATION PROCEDURE) (SCOTLAND) ACT 1947 OPENCAST COAL ACT 1958 Regulation 4 ## Explanatory note (This note is not part of the Regulation) These Regulations prescribe the forms of certain orders under the Opencast Coal Act 1958 and the forms of the notices and advertisements to be given in connection with making and confirming such orders. The orders in question are orders conferring compulsorily rights of temporary occupation on the British Coal Corporation to facilitate opencast working and orders temporarily suspending non-vehicular rights of way for the same purpose. The Regulations replace the Opencast Coal (Authorisations and Compulsory Rights Orders) Regulations 1975. The new regulations reproduce with modifications those of the forms prescribed by the 1975 regulations which remain relevant following the amendment of the Opencast Coal Act 1958 by the Housing and Planning Act 1986. Transitional provision is made in Regulation 6 for the Continued use of existing forms. --- Source: https://www.legislation.gov.uk/uksi/1987/1915 (the official version) Page: https://openlegislation.uk/opencast-coal-compulsory-rights-and-rights-of-way-forms-regulations-1987 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.