Citation and commencement

1.-(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.

Interpretation

2. 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.

Prescribed forms: suspension of rights of way

3. 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.

Prescribed forms: compulsory rights orders

4. 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(7) 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(8);

(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.

Prescribed particulars

5. 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.

Revocation

6. The Opencast Coal (Authorisations and Compulsory Rights Orders) Regulations 1975(9) 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.

SCHEDULE

Note

The singular has been used throughout these forms: where the plural is required it should be used.

Regulation 3

PART IRIGHTS OF WAY

FORM 1NEWSPAPER NOTICE OF AN APPLICATION FOR AN ORDER SUSPENDING A PUBLIC RIGHT OF WAYOPENCAST COAL ACT 1958

Regulations 3 and 5

FORM 2NOTICE 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 WAYOPENCAST COAL ACT 1958

Regulation 3

FORM 3NOTICE OF MAKING OF AN ORDER SUSPENDING A RIGHT OR WAYOPENCAST COAL ACT 1958

PART IICOMPULSORY RIGHTS ORDERS

Regulation 4

FORM 4 ... ... ... ...COMPULSORY RIGHTS ORDER 19 ... ... ... ... (a)

Regulation 4

FORM 5NEWSPAPER NOTICE OF MAKING OF A COMPULSORY RIGHTS ORDEROPENCAST COAL ACT 1958

Regulation 4

FORM 6NOTICE TO PERSONS DIRECTLY CONCERNED OF THE MAKING OF A COMPULSORY RIGHTS ORDER OTHER THAN A LIMITED RIGHTS ORDEROPENCAST COAL ACT 1958

Regulation 4

FORM 7NOTICE TO PERSONS DIRECTLY CONCERNED OF THE MAKING OF A LIMITED COMPULSORY RIGHTS ORDEROPENCAST COAL ACT 1958

Regulation 4

FORM 8NEWSPAPER NOTICE AND NOTICE TO BE SERVED ON PERSONS DIRECTLY CONCERNED OF CONFIRMATION OF ORDEROPENCAST COAL ACT 1958

Regulation 4

FORM 9NEWSPAPER 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 1947OPENCAST COAL ACT 1958

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.