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—
- a
any space excavated underground for the purposes of coal-mining operations and any shaft or adit made for those purposes,
- b
any space occupied by unworked coal, and
- c
a coal quarry and opencast workings of coal;
- a
“coal-mining operations” includes—
- a
searching for coal and boring for it,
- b
winning, working and getting it (whether underground or in the course of opencast operations),
- c
bringing underground coal to the surface, treating coal and rendering it saleable,
- 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
- 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;
- a
“company” F1has 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—
- 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
- b
in any other case, the person to whom the rights and obligations of the holder of that licence were last transferred;
- a
“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—
- a
authorised by a licence under Part II of this Act to carry on coal-mining operations to which section 25 above applies, or
- b
authorised by virtue of subsection (3) of that section to carry on any such operations;
- a
“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.