Coal Act 1938

Part IV E+W+S Miscellaneous and General.

51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 S. 51 repealed by Mines (Working Facilities and Support) Act 1966 (c. 4), s. 15(2), Sch. 1

52 Right to inspection and copies of Commission’s plans of working. E+W+S

Any person who satisfies the Commission that he is interested in land that is supported by coal, or that was before the working thereof supported thereby, or in land situate below, adjoining, or near to coal, shall be entitled, upon making an application to the Commission and payment of such reasonable fee as may be prescribed in that behalf, to inspect at any time during usual office hours all plans of workings of that coal in the possession of the Commission, and to be furnished by them with a copy of, or of any part of, any such plan.

Modifications etc. (not altering text)

C1 S. 52 amended by Coal Act 1943 (c. 38), s. 14

53 Prevention of disclosure of information. E+W+S

Any person who discloses any information obtained by him in the exercise of powers conferred upon him by section fourteen . . . . . . F2 of this Act shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or to a fine not exceeding five hundred pounds or to both such imprisonment and fine:

Provided that nothing in this section shall apply to the disclosure of any information in so far as it is required to be published or disclosed for the purposes of the performance of functions to be performed under or by virtue of this Act by [F3 the Secretary of State], the Commission, the Central Valuation Board, a referee appointed under the Third Schedule to this Act, or a Regional Valuation Board, or for the purposes of any legal proceedings (including arbitrations), . . . . . . F2

Textual Amendments

F2 Words repealed by Coal Industry Nationalisation Act 1946 (c. 59), Sch. 4

F3 Words substituted by virtue of S.R. & O. 1942/1132 (Rev. XV, p. 99: 1942, p. 217), art. 2(1)(2), Ministry of Fuel and Power Act 1945 (c. 19), s. 1(2), Sch. 1, S.I. 1957/48 (1957 I, p. 1439), 1969/1498, arts. 2(1), 5(6) and 1970/1537, arts. 2(2), 7(4)

Modifications etc. (not altering text)

C2 S. 53 excluded by Coal Industry Nationalisation Act 1946 (c. 59), s. 57

54 Liability of directors, &c. of bodies corporate for offences. E+W+S

Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any negligence on the part of, any director, manager, secretary or other officer of the body corporate, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

55 Service of notices, &c. E+W+S

Any notice, application in writing or other document required or authorised to be served, made or delivered under this Act may be served, made or delivered either—

(a) by delivering it to the person on whom it is to be served, or to whom it is to be made or delivered; or

(b) by leaving it at the usual or last known place of abode of that person; or

(c) by sending it in a prepaid registered letter addressed to that person at his usual or last known place of abode; or

(d) in the case of an incorporated company or body, the Central Valuation Board or a Regional Valuation Board, by delivering it to the secretary or clerk of the company, body or Board at their registered or principal office or sending it in a prepaid registered letter addressed to the secretary or clerk of the company, body or Board at that office; or

(e) if it is not practicable after reasonable inquiry to ascertain the name and address of a person on whom it should be served, or to whom it should be made or delivered, as being a person having any interest in land, by addressing it to him by the description of the person having that interest in the premises (naming them) to which it relates, and delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, affixing it, or a copy of it, to some conspicuous part of the premises.

Modifications etc. (not altering text)

C3 S. 55 extended by Coal Industry Act 1975 (c. 56), s. 2(10)(d) and (E.W.) ibid., Sch. 2 para. 11

C4 References to registered letter to be construed as including references to letter sent by recorded delivery service: Recorded Delivery Service Act 1962 (c. 27), s. 1(1)(2), Sch. para. 1

56, 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W+S

Textual Amendments

F4 Ss. 56, 57, Sch. 1 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. X

58 Short title and extent. E+W+S

(1) This Act may be cited as the Coal Act 1938.

(2) This Act shall not extend to Northern Ireland.