Part IV General and Supplemental

Supplemental

65 Interpretation.

1

In this Act, except in so far as the context otherwise requires—

  • the 1946 Act” means the M1Coal Industry Nationalisation Act 1946;

  • the 1975 Act” means the M2Coal Industry Act 1975;

  • the 1991 Act” means the M3Coal Mining Subsidence Act 1991;

  • the Authority” means the Coal Authority;

  • business” includes any trade or profession;

  • coal” means bituminous coal, cannel coal and anthracite;

  • coal mine” includes—

    1. a

      any space excavated underground for the purposes of coal-mining operations and any shaft or adit made for those purposes,

    2. b

      any space occupied by unworked coal, and

    3. c

      a coal quarry and opencast workings of coal;

  • coal-mining operations” includes—

    1. a

      searching for coal and boring for it,

    2. b

      winning, working and getting it (whether underground or in the course of opencast operations),

    3. c

      bringing underground coal to the surface, treating coal and rendering it saleable,

    4. d

      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

    5. e

      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;

  • companyF1has the meaning given by section 1(1) of the Companies Act 2006;

  • contravention” includes a failure to comply, and cognate expressions shall be construed accordingly;

  • the Corporation” means the British Coal Corporation or, in relation to times before the commencement of section 1 of the M4Coal Industry Act 1987, the National Coal Board;

  • debenture” includes debenture stock;

  • the dissolution date” means the date appointed under section 23 above for the dissolution of the Corporation;

  • financial year” means the twelve months ending with 31st March;

  • holder”, in relation to a licence under Part II of this Act, means the following person (whether or not the authorisation contained in the licence remains in force), that is to say—

    1. a

      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

    2. b

      in any other case, the person to whom the rights and obligations of the holder of that licence were last transferred;

  • interest”, in relation to land, includes estate;

  • liability”, in relation to the transfer of liabilities from one person to another or to the modification of any liability, does not include any criminal liability;

  • licensed operator” means any person who is for the time being either—

    1. a

      authorised by a licence under Part II of this Act to carry on coal-mining operations to which section 25 above applies, or

    2. b

      authorised by virtue of subsection (3) of that section to carry on any such operations;

  • modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;

  • the restructuring date” means the date appointed as that date under section 7(1) above;

  • restructuring scheme” means a scheme under section 12 above;

  • securities”, in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company;

  • shares” includes stock;

  • subordinate legislation” has the same meaning as in the M5Interpretation Act 1978;

  • subsidence damage” has the same meaning as in the 1991 Act;

  • subsidiary” and “wholly-owned subsidiary” have the meanings given by F2section 1159 of the Companies Act 2006;

  • successor company” means any company which, at a time when it is wholly owned by the Crown, becomes entitled or subject, in accordance with any restructuring scheme, to any property, rights or liabilities;

  • undertaking”, in relation to the Corporation, includes the undertakings of its wholly-owned subsidiaries.

2

References in this Act to the treatment of coal in the strata shall be taken not to include references to any operations which—

a

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

b

are so carried on wholly for the purpose of winning or getting that oil or gas;

and in this subsection “oil or gas” means oil or gas within the meaning of section 9 above.

3

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.

4

For the purposes of this Act a company shall be regarded as wholly owned by the Crown at any time if it is—

a

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

b

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.