Coal Industry Act 1987

6 Other social welfare bodies. E+W+S

(1) If it appears to the Secretary of State after receiving representations from the Corporation that there is any organisation representing a substantial proportion of their employees or of any class of them which does not enjoy full participation in any relevant social welfare body, that is to say—

(a) membership of the body;

(b) the right to vote on decisions affecting its affairs; and

(c) the right to participate in the management of its affairs in such other ways, if any, as appear to the Secretary of State to be appropriate,

he may by order make such amendments of the constitution of the body as he considers appropriate for all or any of the following purposes, namely—

(i) to entitle the organisation to be a member of the body;

(ii) to confer on it the right to vote on decisions affecting its affairs; and

(iii) to confer on it the right to participate in the management of the body in any other way.

(2) In this section “relevant social welfare body” means any body—

(a) which for the time being exercises functions in connection with the promotion of the social welfare of persons currently or formerly engaged in the coal mining industry or the dependants of such persons; and

(b) whose constitution provides for the Corporation and one or more organisations representing a substantial proportion of their employees or of any class of them to participate in the management of the body’s affairs.

(3) An order under this section in respect of a relevant social welfare body which is a company may provide that the company shall be taken to have passed in general meeting on such day or days as may be specified in the order such resolutions as may be so specified in connection with the consolidation and reclassification of unissued shares and their allotment to such persons as the Secretary of State thinks appropriate; and any requirements compliance with which is necessary for the passing or implementation of those resolutions shall be taken to have been complied with.

(4) An order under this section in respect of a relevant social welfare body may make such consequential, transitional and supplemental amendments of the constitution of the body as the Secretary of State considers appropriate.

(5) An order under this section shall not amend the provisions regulating any trust to which section 5 above applies but, subject as aforesaid, shall have effect notwithstanding any provision to the contrary in any enactment or in the constitution of the body in question.

(6) Before making an order under this section the Secretary of State shall consult the Corporation and any organisation which appears to him after consultation with the Corporation to represent a substantial proportion of their employees or of any class of them (other than any organisation representing employees who are also represented by another organisation which he has consulted).

(7) The fact that a provision relating to the constitution of a body has been added or amended by an order under this section shall not preclude its subsequent alteration or deletion in accordance with any relevant powers.

(8) Any person who is a party to an agreement to which a relevant social welfare body is a party which regulates the establishment by it of committees for the discharge of its functions in relation to particular areas may terminate the agreement by giving notice in writing to the other parties to the agreement not later than two months before the date specified in the notice as the date on which the termination is to take effect (but without prejudice to any right of any party to such an agreement to terminate it at shorter notice).

(9) References in this section to membership or a right enjoyed by an organisation include membership or a right enjoyed by any person as a nominee or on behalf of the organisation.

(10) The power to make an order under this section shall be exercisable by statutory instrument and an instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11) The power to make an order under this section may only be exercised once as respects any relevant social welfare body unless it is exercised—

(a) before an order previously made under this section has come into force; and

(b) so as to amend or revoke that order;

but for the purposes of this subsection the making of an order which is annulled under subsection (10) above or quashed under section 8 below shall be disregarded.