400. Prior rights.

If (1) the British Coal Corporation1 was, on 31 August 1975, entitled2 to work any coal3 or to use any coal mine4 in which a retained interest5 subsisted at that time; (2) that entitlement has continued throughout the period since that date as an entitlement of the Corporation or, at different times, of the Corporation and a person to whom the Corporation's rights have been transferred in accordance with a restructuring scheme6; and (3) the Corporation or such person was still so entitled, then the provisions relating to the working of coal in or under land which was formerly