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Introductory text

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COAL INDUSTRY

Made 2nd December 1994

Laid before Parliament 9th December 1994

Coming into force 31st December 1994

The Secretary of State, in exercise of the powers conferred by sections 4(1A)(b), 15A(1), (1A), (4), (5)(c) and (10), 16(2A)(c) and 49(1) of the Opencast Coal Act 1958f1 (“the 1958 Act”), sections 10(2), 11(1), 12, 15, 22 and 29 of the Acquisition of Land Act 1981f2 as applied by sections 4(4A) and 16(4A)(a) of the 1958 Actf3, and paragraphs 2, 3, 6, 13 and 18 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947f4 as applied by section 4(5) of, and Part I of Schedule 2 to, the 1958 Actf5, and now vested in himf6, and of all other powers enabling him in that behalf, hereby makes the following Regulations—

Annotations

Footnotes

f1

1958 c. 69: section 15A is inserted by the Housing and Planning Act 1986 (c. 63) Schedule 8, paragraph 6. Subsection (1A) of section 4, subsection (1A) of section 15A and subsection (2A) of section 16 are inserted by the Coal Industry Act 1994 (c. 21) Schedule 8, paragraphs 2(2), 13(2) and 14(2).

f2

1981 c. 67: section 29 is amended by paragraph 27 of Schedule 9 to the Coal Industry Act 1994; see also the definition of “prescribed” in section 29(10).

f3

Section 4(4A) is inserted by paragraph 11(2) of Schedule 4 to the Acquisition of Land Act 1981. Section 16(4A) is inserted by paragraph 11(4) of Schedule 4 to that Act, and is amended by paragraph 14(5) of Schedule 8 to the Coal Industry Act 1994.

f4

1947 c. 42.

f5

Section 4(5) is applied in part to drainage orders by section 16(5) of the Opencast Coal Act 1958 as substituted by the Coal Industry Act 1994, Schedule 8, paragraph 14(7). See in particular the definition of “prescribed” in paragraph 11 of Schedule 2 to the Opencast Coal Act 1958.

f6

See the definition of “the Minister” in section 51 of the Opencast Coal Act 1958, S.I. 1969/1498 and 1970/1537.