Statutory Instrument 1994 No. 2567

The Coal Industry Act 1994 (Consequential Modifications of Subordinate Legislation) Order 1994

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© Crown Copyright 1994

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1994 No. 2567

COAL INDUSTRY

The Coal Industry Act 1994 (Consequential Modifications of Subordinate Legislation) Order 1994

The Secretary of State, in exercise of the powers conferred on him by section 67(2) of the Coal Industry Act 1994^[1], and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement
    1.    This Order may be cited as the Coal Industry Act 1994 (Consequential Modifications of Subordinate Legislation) Order 1994 and shall come into operation on 31st October 1994.

Modifications of subordinate legislation
    2.    Subject to articles 3 to 8 below, the subordinate legislation mentioned in columns 1 and 2 of the Schedule to this Order is hereby modified to the extent specified in column 3 of the Schedule.

Transitional provisions
    3.—(1)  This article applies to the following Orders—
 (a) the Town and Country Planning (Black Country Urban Development Area) Special Development Order 1987^[2];
 (b) the Town and Country Planning (Tyne and Wear Urban Development Area) Special Development Order 1987^[3];
 (c) the Town and Country Planning (Central Manchester Urban Development Area) Special Development Order 1989^[4];
 (d) the Town and Country Planning (Sheffield Urban Development Area) Special Development Order 1989^[5];
 (e) the Town and Country Planning (Bristol Urban Development Area) Special Development Order 1989^[6]; and
 (f) the Town and Country Planning (Leeds Urban Development Area) Special Development Order 1989^[7].

    (2)  The modifications made by this Order shall not apply to any development or approval in relation to which the development corporation in question has consulted the British Coal Corporation in accordance with article 6 of the relevant Order.

    4.—(1)  This article applies to the Town and Country Planning (New Towns in Rural Wales) Special Development Order 1977^[8].

    (2)  The modifications made by this Order shall not apply to the undertaking or authorising of any development in relation to which the Development Board for Rural Wales has consulted the British Coal Corporation in accordance with article 8(1)(e) of the Order.

    5—(1)  This article applies to the Town and Country Planning (Simplified Planning Zones) (Scotland) Regulations 1987^[9].

    (2)  The modifications made by this Order shall not apply to any proposal to make or alter a simplified planning scheme in relation to which the planning authority has consulted the British Coal Corporation in accordance with regulation 4(a)(iii) of those Regulations.

    6.—(1)  This article applies to the following Regulations—
 (a) the Planning (Hazardous Substances) Regulations 1992^[10]; and
 (b) the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993^[11].

    (2)  The modifications made by this Order shall not apply to an application for hazardous substances consent in relation to which the hazardous substances authority or planning authority has consulted the British Coal Corporation in accordance with regulation 10(1)(m) of the Regulations referred to in paragraph (1)(a) above, or regulation 11(1)(m) of the Regulations referred to in paragraph (1)(b) above.

    7.—(1)  This article applies to the Transport and Works (Applications and Objections Procedure) Rules 1992^[12].

    (2)  The modifications made by this Order in relation to Schedule 2 to those Rules shall not apply in any case where the applicant has served a notice upon the British Coal Corporation in accordance with rule 3(2).

    (3)  The modifications made by this Order in relation to Schedule 5 to those Rules shall not apply in any case where the applicant has served a copy of the application and copies of the relevant documents upon the British Coal Corporation in accordance with rule 8(3).

    8.—(1)  This article applies to the Public Bodies' Land (Appropriate Ministers) Order 1981^[13].

    (2)  The modifications made by this Order shall not apply in any case where the British Coal Corporation has made representations to the Secretary of State in accordance with section 99(2) of the Local Government, Planning and Land Act 1980^[14].

Tim Eggar

Minister for Industry and Energy, Department of Trade and Industry

3rd October 1994

[1] 1994 c. 21. back

[2] S.I. 1987/1343. back

[3] S.I. 1987/1345. back

[4] S.I. 1989/2203. back

[5] S.I. 1989/2204. back

[6] S.I. 1989/2205. back

[7] S.I. 1989/2206. back

[8] S.I. 1977/815. back

[9] S.I. 1987/1532. back

[10] S.I. 1992/656. back

[11] S.I. 1993/323. back

[12] S.I. 1992/2902. back

[13] S.I. 1981/15. back

[14] 1980 c. 65. back

Explanatory Note