Words in s. 57(4)(a)(ii) substituted (15.2.1999) by 1998 c. 17, ss. 50, 52(4), Sch. 4 para. 38(4); S.I. 1999/161, art. 2(1)
S. 59(2): disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. I para. 35
S. 59(3)(b) substituted (3.7.2002) by S.I. 2002/1555, art. 23
S. 59(3)(dd) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. IV para. 24
S. 59(3)(e)(vi) substituted (1.4.1996) by S.I. 1996/973, reg. 16.
S. 59(4)(e)(f) repealed (1.3.2000) by 1998 c. 41, s. 74(1)(3), Sch. 12 para. 18(a), Sch. 14 Pt. I; S.I. 2000/344, art. 2, Sch.
S. 59(4)(n) inserted (11.1.1999) by 1998 c. 41, s. 74(1), Sch. 12, para. 18(b); S.I. 1998/3166, art. 2, Sch.
S. 63 applied (31.10.1994) by 1994 c. 45, s. 51 (as substituted (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 41(3)).
S. 67(2)-(6) in force and s. 67(8) in force for specified purposes at Royal Assent, see s. 68(6)(e)
S. 67(7) in force and 67(1)(8) in force for specified purposes at 31.10.1994 by S.I. 1994/2552, art. 2, Sch. 1, Appendix (with art. 4)
S. 67(1)(8) in force for specified purposes at 1.11.1994 by S.I. 1994/2552, art. 3, Sch. 2, Appendix
S. 67(1)(8) in force for specified purposes at 31.10.1994 ("the restructuring date"), see ss. 7, 68(2) and S.I. 1994/2553, art. 2
S. 67(8) in force for specified purposes at 24.12.1994 by S.I. 1994/3063, art. 2, Sch.
S. 67(8) in force for specified purposes at 1.3.1995 by S.I. 1995/273, art. 2, Sch.
S. 68(2): 31.10.1994 appointed as the restructuring date, see s. 7 and S.I. 1994/2553, art. 2
S. 68(2)(d)(iii) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV, Group 2
S. 68(2)(d)(v) repealed (27.5.1997) by 1997 c. 11, s. 3, Sch. 1 Pt. I
S. 68(4)(5) power partly exercised: 19.9.1994 appointed for specified provisions by S.I. 1994/2189, art. 2, Sch.
S. 68(4)(5) power partly exercised: 31.10.1994 and 1.11.1994 appointed for specified provisions and purposes by S.I. 1994/2552, arts. 2, 3, Schs. 1, 2 and Appendices (with art. 4)
S. 68(4)(5) power partly exercised: 24.12.1994 appointed for specified provisions and purposes by S.I. 1994/3063, art. 2, Sch.
S. 68(4): power partly exercised: 31.1.1995 appointed for s. 24 by S.I. 1995/159, art. 2
S. 68(4)(5) power partly exercised: 1.3.1995 appointed for specified provisions and purposes by S.I. 1995/273, art. 2, Sch.
S. 59(4)(o) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 32(2)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
S. 68(3) power exercised: 27.3.2004 appointed as the dissolution date, see s. 23(2) and S.I. 2004/144, art. 3
S. 67(8) in force at 27.3.2004 for specified purposes by S.I. 2004/144, art. 2(a), Sch.
S. 67(1)(8) in force for specified purposes at 27.3.2004 ("the dissolution date"), see s. 23(2) and S.I. 2004/144, art. 3
S. 59(4)(p) inserted (1.4.2004) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 31; S.I. 2004/641, art. 3(y), Sch. 2 (with Sch. 3 para. 7)
S. 68(7)(za) inserted (E.W.S.) (1.4.2004) by Water Act 2003 (c. 37), ss. 85(3), 105(3); S.I. 2004/641, art. 3(w) (with Sch. 3 para. 7)
S. 66(6) added (S.) (20.6.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 30(2), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 1
S. 68(7A) inserted (S.) (20.6.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 30(3), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 1
S. 68(2)(d)(iv) repealed (1.9.2007) by Gambling Act 2005 (c. 19), s. 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with Sch. 4 (as amended by S.I. 2007/1157,
S. 65A inserted (1.10.2007) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), art. 1(3)(a), Sch. 4 para. 84(2) (with art. 12)
Words in s. 59(3)(e)(ii) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)
S. 59(4)(q)(r) inserted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 57(b) (with reg. 28(2)(3))
S. 59(4)(m) repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 57(a), Sch. 4 Pt. 1 (with reg. 28(2)(3))
Words in s. 59(2)(e) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 257 (with Sch. 5)
Words in s. 65(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 147(3)(a) (with art. 10)
Words in s. 65(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 147(3)(b) (with art. 10)
S. 59(3)(f) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 360 (with Sch. 7)
Words in s. 59(3)(b) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s.122(3), Sch. 19 para. 18 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
Words in s. 59(3)(b) inserted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services Act 2012 (Consumer Credit) Order 2013 (S.I. 2013/1882), arts. 1(1), 10(2)
S. 59(3)(e)(iia) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 70; S.I. 2014/251, art. 4
Words in s. 59(3)(e)(v) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 113(a)(ii) (with art. 3)
S. 59(4)(s) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 113(b) (with art. 3)
S. 59(3)(e)(iv) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 113(a)(i) (with art. 3)
S. 67(8) in force at 28.4.2014 for specified purposes by S.I. 2014/888, art. 2(a), Sch. (with art. 3)
This section applies to the information contained in any register maintained by the Authority under section 35 or 56 above and to any of the following information which is for the time being in the possession of the Authority, that is to say—
information about the geological or physiographical features or characteristics of any land in which any unworked coal or any coal mine is situated or of any other land;
information about the identity of the persons in whom interests and rights in or in relation to any unworked coal or any coal mine have been vested;
the contents of the plans of any coal mines or coal workings;
any other information about proposals for the carrying on by any person of any coal-mining operations;
information about any subsidence or subsidence damage or about claims made under the 1991 Act; and
information about such other matters as the Secretary of State may by regulations prescribe for the purposes of this section.
Subject to subsections (3) and (4) below, it shall be the duty of the Authority to establish and maintain arrangements under which every person is entitled, in such cases, on payment to the Authority of such fee and subject to such other conditions as the Authority may consider appropriate—
to be furnished with any information to which this section applies;
to have the contents of so much of the records maintained by the Authority as contains any information to which this section applies made available to him, at such office of the Authority as it may determine, for inspection at such times as may be reasonable; and
to make or be supplied with copies of, or of extracts from, so much of the records maintained by the Authority as contains any information to which this section applies.
Subject to subsection (5) below, nothing in this section shall require or authorise the disclosure by the Authority of any information which—
relates to the affairs of an individual or specifically to the affairs of any body of persons (whether corporate or unincorporate), including the Authority itself, and
is not contained in a register maintained under section 35 or 56 above,
if the disclosure of that information would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or, as the case may be, of that body.
Subject to subsection (5) below, nothing in this section shall require or authorise the disclosure by the Authority, without the consent of the person to whom the Authority owes the obligation of confidence, of any information which—
has been furnished to the Authority—
in pursuance of the provisions of a licence under Part II of this Act;
in pursuance of any provisions of an agreement entered into in connection with, or with any proposals for, the carrying on of any activities in the course of any exploration for coal or of any activities for which a licence under
for the purposes of any application to the Authority for the grant of a licence under Part II of this Act, for the making of such an agreement or for the transfer or creation of any interests or rights in or in relation to any land;
and
under the provisions of the licence under Part II of this Act, of that agreement or of any undertaking given by the Authority to the applicant for the purposes of that application, is to be treated as subject to an obligation of confidence owed by the Authority to any other person.
The information that is to be excluded by virtue of subsections (3) and (4) above from the information which is to be made available to any person in pursuance of arrangements under this section shall not include any information of a description that appears to the Authority to comprise information relating to matters which are or may be relevant to the safety of members of the public or of any particular individual or individuals other than the person whose consent is required for its disclosure.
For the purposes of this section it shall be the duty of the Authority to maintain such records as it considers appropriate of any information which comes into its possession and is information to which this section applies.
The power to make regulations for the purposes of this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “
This section applies where the conditions of a licence under Part II of this Act contain provision stating—
that information of a specified description which is furnished to the Authority in pursuance of the conditions of the licence may be disclosed by the Authority for specified purposes in pursuance of arrangements under section 57 above; and
that any information of that description that is disclosed by the Authority for any of those purposes is to be treated, for the purposes of this section, as information whose accuracy the operator has undertaken to secure.
The licensed operator shall owe a duty to the Authority and to every person likely to be affected by any inaccuracy in information disclosed by the Authority for any of the specified purposes to exercise all due diligence to secure—
that the Authority is furnished, in accordance with the conditions of the licence, with all the information of the specified descriptions which the operator is required by those conditions to furnish to the Authority; and
that the information of those descriptions which is furnished by the operator to the Authority is accurate in every material particular.
Where a duty is owed by any person to another person by virtue of subsection (2) above, any breach of that duty which causes that other person to sustain loss or damage shall be actionable against the person in breach at the suit or instance of the other person.
A person shall not be liable for any breach of a duty mentioned in subsection (2) above except—
in respect of a disclosure of information made by the Authority for a specified purpose; and
to the Authority or the person to whom the disclosure was made.
This section shall be without prejudice to the liability of any person for breach of the duty to comply with an enforcement order (within the meaning of Part II of this Act).
Subject to the following provisions of this section, it shall be the duty of the Authority to establish and maintain such arrangements as it considers best calculated to secure that information which—
is in the Authority’s possession in consequence of either the carrying out of any of its functions or the transfer to the Authority, in accordance with a restructuring scheme, of any records, and
relates to the affairs of any individual or to any particular business,
is not, during the lifetime of that individual or so long as that business continues to be carried on, disclosed to any person without the consent of that individual or, as the case may be, of the person for the time being carrying on that business.
Nothing in subsection (1) above shall authorise or require the making of arrangements which prevent the disclosure of information—
for the purpose of facilitating the carrying out by the Secretary of State, the Treasury or the Authority of any of his, their or, as the case may be, its functions under this Act;
in pursuance of arrangements made under section 57 above;
for the purpose of facilitating the carrying out by any relevant authority of any of the functions in relation to which it is such an authority;
in connection with the investigation of any criminal offence or for the purposes of criminal proceedings;
for the purposes of any civil proceedings brought under this Act or any relevant enactment, of any proceedings before the
in pursuance of any Community obligation.
For the purposes of this section—
every Minister of the Crown and local weights and measures authority in Great Britain is a relevant authority in relation to his or, as the case may be, their functions under any relevant enactment;
the Secretary of State, the Treasury
an inspector appointed under the enactments relating to companies, an official receiver and any recognised professional body for the purposes of section 391 of the
every enforcing authority, within the meaning of Part I of the
the Civil Aviation Authority is a relevant authority in relation to its functions under Part I of the Transport Act 2000; and
the following are relevant authorities in relation to all of their functions, that is to say—
the Comptroller and Auditor General;
the Health and Safety Executive
the Office for Nuclear Regulation;
the National Rivers Authority;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Scottish Environment Protection Agency.
the Natural Resources Body for Wales is a relevant authority in relation to its relevant transferred functions (within the meaning of article 11 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903)).
In subsections (2) and (3) above “
the
the
the Consumer Credit Act 1974;
Part II of the
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the
the
the
the
the
the
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Competition Act 1998;
the Enterprise Act 2002;
the Water Act 2003;
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising;
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.
Nothing in any arrangements under this section shall—
limit the matters which may be contained in a report under section 60 below or section 49 of the 1991 Act (report on operation of that Act); or
restrict or prohibit the disclosure of any information which has already been made public—
as part of such a report;
in pursuance of any arrangements under section 57 above;
under any provision of section 31 or 32 above or Part III of this Act requiring the publication of any notice or other matter; or
in the exercise of any power or the performance of any duty which is conferred or imposed on any person apart from this Act.
The Secretary of State may by order made by statutory instrument modify subsections (2) to (5) above so as to add to or restrict the descriptions of disclosures which are to be excluded from any prohibition contained in arrangements under subsection (1) above; and the power to make an order under this subsection shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Subject to subsection (8) below, where any licence under Part II of this Act or any such undertaking as is mentioned in section 57(4)(b) above contains provision for any information furnished to the Authority to be treated as subject to such an obligation of confidence as restricts the disclosure or use of that information without the consent of the person to whom that obligation is to be owed—
the requirement to comply with that obligation shall be a duty owed by the Authority to that person; and
any such disclosure or use, in contravention of that provision, of any information as causes the person to whom it is owed to sustain loss or damage shall be actionable against the Authority at the suit or instance of that person.
Subsection (7) above shall not apply, except in so far as the provisions of the licence or undertaking contain express provision to the contrary, to any disclosure of information which is for the time being excluded by virtue of subsections (2) to (5) above from the prohibition contained in arrangements under subsection (1) above.
In this section “
As soon as reasonably practicable after the end of each financial year the Authority shall prepare a report on its activities during that year and shall send a copy of that report to the Secretary of State.
The Authority’s annual report—
shall set out—
all such directions under section 6 above, this section or Part II of Schedule 1 to this Act, and
all such determinations under that Part of that Schedule,
as have been given to it or made during the financial year to which the report relates;
shall incorporate the statement of accounts prepared by the Authority in respect of the accounting year ending with the financial year in question, together with a copy of the report on those accounts which is required to be laid before Parliament under paragraph 15(4) of Schedule 1 to this Act; and
shall otherwise be in such form, and contain such information, as may be specified in a direction given to it by the Secretary of State.
The information contained in the Authority’s annual report shall not include any such information as falls to be excluded by virtue of subsection (3) or (4) of section 57 above from the information which is to be made available in pursuance of arrangements under that section.
Nothing in subsection (3) above shall prevent the inclusion in the Authority’s annual report of any information which has already been made public by virtue of any provision of this Act or of any other enactment.
In consequence of section 49 of the 1991 Act (report on operation of that Act), it shall not be necessary for the Authority’s annual report to include any report on the operation of that Act.
As soon as reasonably practicable after he has received the Authority’s annual report for any financial year the Secretary of State shall lay a copy of it before each House of Parliament.
It shall be the duty of the Authority—
to arrange for copies of every annual report of the Authority to be published in such manner as it considers appropriate for securing that the information contained in it is available to the persons likely to be interested in it; and
to send the Secretary of State such number of copies of the published report as he may require.
As soon as reasonably practicable after the end of the period of three years beginning with the restructuring date, the Secretary of State shall prepare and lay before Parliament a report setting out particulars of—
the financial assistance provided during that period to coal-mining museums, so far as it has involved the making of payments for that purpose to any person by the Secretary of State;
the manner in which the provision of that financial assistance has been administered; and
the use to which that financial assistance has been put by the coal-mining museums which have received it.
There shall be paid out of money provided by Parliament—
any administrative expenses incurred by the Secretary of State or the Treasury in consequence of the provisions of this Act;
any sums required by any Minister of the Crown or Government department for meeting obligations arising in consequence of that Minister or department becoming entitled or subject, in accordance with any restructuring scheme, to any property, rights or liabilities; and
any increase attributable to this Act in the sums payable out of money so provided under any other Act.
Any document required or authorised by virtue of this Act to be served on any person may be served—
by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;
if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary or clerk of that body; or
if the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having the control or management of the partnership business;
and any document required or authorised by this Act to be served on the Authority or the Corporation may be served by leaving it at, or sending it by post to, any office of the Authority or, as the case may be, of the Corporation.
For the purposes of this section and section 7 of the
in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body; and
in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership;
and for the purposes of this subsection the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom, is its principal office within the United Kingdom.
If a person to be served by virtue of this Act with any document by another has specified to that other an address within the United Kingdom, other than his proper address (as determined in accordance with subsection (2) above), as one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as a proper address of that person for the purposes of this section and for the purposes of the said section 7 in its application to this section.
References in this section to the service of a document on any person include references to the giving, making or sending to that person of any notice, direction, claim or request which is in writing.
This section shall not apply to any document in relation to the service of which provision is made by rules of court.
Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, then he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Where any partnership in Scotland or any unincorporated association in Scotland which is not a partnership is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
any partner in the partnership or, as the case may be, any person concerned in the management or control of the association, or
any person purporting to act in any such capacity,
then he, as well as the partnership or association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
In this Act, except in so far as the context otherwise requires—
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“
“
any space excavated underground for the purposes of coal-mining operations and any shaft or adit made for those purposes,
any space occupied by unworked coal, and
a coal quarry and opencast workings of coal;
“
searching for coal and boring for it,
winning, working and getting it (whether underground or in the course of opencast operations),
bringing underground coal to the surface, treating coal and rendering it saleable,
treating coal in the strata for the purpose of winning any product of coal and winning, working or getting any product of coal resulting from such treatment, and
depositing spoil from any activities carried on in the course of any coal-mining operations and draining coal mines,
and an operation carried on in relation to minerals other than coal is a coal-mining operation in so far as it is carried on in relation to those minerals as part of, or is ancillary to, operations carried on in relation to coal;
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“
“
“
“
“
in a case where there has been no such transfer in relation to that licence as is mentioned in section 27(5) above, the person to whom the licence was granted, and
in any other case, the person to whom the rights and obligations of the holder of that licence were last transferred;
“
“
“
authorised by a licence under Part II of this Act to carry on coal-mining operations to which section 25 above applies, or
authorised by virtue of subsection (3) of that section to carry on any such operations;
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“
References in this Act to the treatment of coal in the strata shall be taken not to include references to any operations which—
are carried on in relation to coal in or to which any oil or gas that exists in its natural condition in the strata is absorbed or adsorbed; and
are so carried on wholly for the purpose of winning or getting that oil or gas;
and in this subsection “
References in this Act to the creation, in favour of any person, of an interest in property include references to the vesting in that person of a freehold or leasehold interest in property.
For the purposes of this Act a company shall be regarded as wholly owned by the Crown at any time if it is—
a company limited by shares in which there are at that time no issued shares held otherwise than by, or by a nominee of, the Treasury, the Secretary of State or any other company wholly owned by the Crown; or
a company limited by guarantee of which no person other than the Treasury or the Secretary of State, or a nominee of the Treasury or the Secretary of State, is a member.
The Companies Acts (as defined by section 2 of the Companies Act 2006) have effect in relation to a company that—
is wholly owned by the Crown, and
has been notified by the Secretary of State that it is a company to which it is proposed to transfer any part of the Corporation’s undertaking,
as if references to a shadow director did not include the Treasury or any Minister of the Crown.
This Act shall have effect in relation to any land or other property in which there is a Crown or Duchy interest as it has effect in relation to land or other property in which there is no such interest.
So much of this Act as contains provision for the modification of the rights or liabilities to which any person is or may become entitled or subject shall bind the Crown.
Nothing in this section shall be taken as requiring a licence under Part II of this Act for the carrying on by or on behalf of the Crown of any coal-mining operations.
Where this Act modifies any enactment in relation to which provision is made for its application to the Crown that differs from the provision made by this section, that provision, and not this section, shall have effect in relation to the modification.
In this section “
The references in subsection (5) above to a Government department shall, for the purposes of the application of this section to sections 4D to 4F of, and Schedule 1C to, this Act, be treated as including the holder of an office in the Scottish Administration which is not a ministerial office.
The enactments mentioned in Schedule 9 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the preceding provisions of this Act).
The Secretary of State may by order made by statutory instrument make such consequential modifications of any provision contained in any Act passed before the relevant commencement date, or in any subordinate legislation made before that date, as appear to him necessary or expedient—
in respect of any reference in that Act or subordinate legislation to the Corporation;
in respect of any reference (in whatever terms) in that Act or subordinate legislation to a person carrying on coal-mining operations or to such operations;
in respect of any reference in that Act or subordinate legislation to any enactment repealed or amended by this Act; or
in the case of a provision contained in subordinate legislation, in respect of any other inconsistency between that subordinate legislation and this Act;
and in this subsection “
If it appears to the Secretary of State to be appropriate to do so—
for the purposes of, or in consequence of, the coming into force of any enactment contained in this Act, or
in consequence of the effect or operation at any time after the restructuring date of any such enactment or of anything done under any such enactment,
he may by order made by statutory instrument repeal, amend or re-enact (with or without modifications) any provision contained in any local Act (whenever passed), including, in the case of an order by virtue of paragraph (b) above, a provision amended by virtue of subsection (2) or paragraph (a) above.
The power of the Secretary of State to make provision by an order under subsection (3) above shall include power—
to provide for general modifications of local Acts of a specified description and for modifications making different provision for different cases;
to make such supplemental, incidental, consequential and transitional provision as the Secretary of State considers appropriate in relation to any other provisions of such an order; and
in the case of an order made after the restructuring date, to require provision contained in the order to be treated as if it came into force on that date.
An order shall not be made under this section for modifying any public general Act unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing an order under this section a draft of which is not required to have been laid before Parliament under subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The transitional provisions and savings contained in Schedule 10 to this Act shall have effect; and those provisions and savings shall be without prejudice to sections 16 and 17 of the
The enactments mentioned in Schedule 11 to this Act (which include some enactments which are spent) are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Coal Industry Act 1994.
The following provisions of this Act shall come into force on the restructuring date, that is to say—
sections 10, 11, 18 and 23;
sections 31 to 34 and section 36;
sections 38 to 44 and 48 to 53, section 55 and Schedules 6, 7 and 8;
Schedule 9, except (subject to the power to appoint the restructuring date under subsection (4) below) for so much of that Schedule as relates to—
the
the
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the
the
the
sections 315(4)(b) and 317 of the
the
Part II of Schedule 11; and
subsections (1) and (8) of section 67 so far as they relate to provisions coming into force on that date by virtue of paragraphs (d) and (e) above.
The following provisions of this Act shall come into force on the dissolution date, that is to say—
Schedule 9, so far as it relates to—
the
the
the
the
the
Part IV of Schedule 11; and
subsections (1) and (8) of section 67 so far as they relate to provisions coming into force on that date by virtue of paragraphs (a) and (b) above.
Apart from the provisions to which subsections (2) and (3) above apply and the provisions specified in subsection (6) below (which come into force on the passing of this Act), this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
An order under subsection (4) above may—
appoint different days for different provisions and for different purposes; and
make any such transitional provision (including provision modifying for transitional purposes any of the provisions of this Act or of any enactment amended or repealed by this Act) as the Secretary of State considers appropriate in connection with the bringing into force of any provision of this Act;
but, where an order under that subsection makes any such provision as is mentioned in paragraph (b) above, the statutory instrument containing the order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The provisions of this Act mentioned in subsection (4) above are this section and—
sections 7 to 9;
sections 12 to 14 and 17 and Schedule 2;
section 54;
sections 62 to 66;
section 67(2) to (6); and
Part I of Schedule 11 to this Act and subsection (8) of section 67 so far as it relates to that Part of that Schedule.
The following provisions of this Act do not extend to Scotland, that is to say—
sections 4A to 4C and Schedules 1A and 1B;
sections 49 and 50 and Schedule 7; and
so much of Schedules 9 and 11 as relates to enactments extending to England and Wales only.
Sections 4D to 4F of, and Schedule 1C to, this Act extend to Scotland only.
This Act, except for—
sections 7 to 9, 12 and 13 and Schedule 2,
sections 20 and 21 and Schedule 4,
so much of Schedule 1 as amends the
so much of Schedule 9 as amends any enactment that extends to Northern Ireland,
the repeal, by virtue of their inclusion in Schedule 11, of—
the entries relating to the Corporation in the
the
section 2(4) and (5) of the
section 1(2) of the
so much of the
the
and
so much of this Part as is required for the purpose of giving effect to the extension to Northern Ireland of the provisions mentioned in the preceding paragraphs,
does not extend to Northern Ireland.
This Act extends to the Isle of Man for the purpose of giving effect there to the repeal by this Act of subsection (3) of section 2 of the Territorial Sea Act 1987, to paragraph 10 of Schedule 10 and to so much of any restructuring scheme or any agreement under section 13 above as relates to rights mentioned in that paragraph; and, subject to that paragraph, that repeal shall accordingly include the repeal of that subsection as it extends to the Isle of Man by virtue of the