Article 6 Transitional and saving

(1)

Class 58 of Schedule 1 to the 1992 Order, as substituted by article (4)(b) of this Order, shall not apply with respect to development by licensees of the British Coal Corporation, and accordingly the provisions of Class 58 shall continue to apply to such development in the form in which they were in force immediately before the date of the coming into force of this Order subject to the amendments in paragraph 2 below.

(2)

For the purposes of paragraph (1) of this article, Class 58, in the form in which it was in force immediately before the date of the coming into force of this Order, is amended as follows;–

(i)

in sub-paragraph (1), for “the british coal corporation, their lessees or licensees”, substitute “a licensee of the British Coal Corporation”;

(ii)

in sub-paragraph (3), in the definition of “coal related minerals”, for “referred to in paragraph 1(2) of Schedule 1 to the Coal Industry Nationalisation Act 1946(^f1)”, substitute “which can only be economically worked in association with the working of coal or which can only be economically brought to the surface by the use of a mine of coal;”;

(iii)

in sub-paragraph (3), after the definition of “coal related minerals”, insert ““a licensee of the British Coal Corporation” means any person who is for the time being authorised by virtue of section 25(3) of the Coal Industry Act 1994 to carry on coal-mining operations to which section 25 of that Act applies;”.

(3)

In paragraph (1) of this article “licensees of the British Coal Corporation” means persons who are for the time being authorised by virtue of section 25(3) of the Coal Industry Act 1994 to carry on coal-mining operations to which section 25 of that Act applies.

Annotations

Footnotes

f1: 1946 c. 59; Schedule 1 was repealed by section 67 of, and Part II of Schedule 11 to, the Coal Industry Act 1994 (c. 21) on the restructuring date, within the meaning of section 7 of that Act.