Coal Act 1938

Sections 1, 24.

FIRST SCHEDULE Constitution and procedure of the Coal Commission

1 The Commission shall consist of a chairman and four other members appointed by the Board of Trade. The Board of Trade shall nominate one of the members of the Commission other than the chairman to act as deputy chairman.

2 At least two of the members of the Commission shall be persons who have had administrative or other practical experience in the coal-mining industry, and one of those two members shall be a person who has been a wage earner in the coal-mining industry.

3 The appointment of a member of the Commission shall, subject to the provisions of this Schedule, be for such term, not being less than five years or more than ten years, as may be determined by the Board of Trade with the approval of the Treasury before his appointment, and shall be subject to such conditions as may be so determined.

4 A person shall be disqualified for being appointed or being a member of the Commission so long as he is a member of the Commons House of Parliament.

5 A person shall be disqualified for being appointed or being a member of the Commission so long as he is an officer or servant of an organisation of employers or of workpeople in the coalmining industry, a practising mining engineer, or in any other manner directly connected with that industry. For the purposes of this paragraph, membership of such an organisation as aforesaid shall not of itself be treated as constituting a direct connection with the coal-mining industry.

6 A member of the Commission shall, within three months after Ms appointment, sell or dispose of any interest or securities which he may hold in Ms own name or in the name of a nominee for Ms benefit in any undertaking carrying on the business of coal-mining or supplying or selling coal or the manufacture or sale of by-products of coal.

7 It shall not be lawful for a member of the Commission while he holds office to acquire, directly or indirectly, for Ms own benefit any interest or securities in any such undertaking as aforesaid, and if a member of the Commission becomes entitled for his own benefit under any will or succession or otherwise to any interest or securities in any such undertaking, he shall sell or dispose of it or them -within three months after he has so become entitled thereto.

8 If a member of the Commission becomes disqualified for holding office, or is absent from meetings of the Commission for more than six months consecutively except for some reason approved by the Board of Trade, or fails to comply with either of the two last preceding paragraphs, the Board shall forthwith declare his office to be vacant and shall notify the fact in such manner as they think fit, and thereupon his office shall become vacant.

9 The Commission shall appoint a secretary and such other officers, agents and servants as the Commission may determine.

10 There shall be paid out of the revenues of the Commission—

(a) to the members of the Commission, or to any of them, such salaries and allowances for expenses as the Board of Trade with the approval of the Treasury may determine; and

(b) to the secretary, officers, agents and servants of the Commission such salaries and remuneration, and, on the retirement or death of any of them, to them or their personal representatives or to their dependants such pensions and gratuities, as the Commission may determine.

11 The Commission may act notwithstanding a vacancy in their number, but a quorum of the Commission shall be not less than three.

12 The seal of the Commission shall be authenticated by the signature of the chairman of the Commission or some other member of the Commission authorised by the Commission to act in that behalf, and. of the secretary or some other person authorised by the Commission so to act.

13 Every document purporting to be an order or other instrument issued by the Commission, and to be sealed with the seal of the Commission authenticated in the manner provided by this Schedule, or to be signed by the secretary or any person authorised to act hi that behalf, shall be received in evidence and be deemed to be such an order or instrument without further proof unless the contrary is shown.

14 Subject to the provisions of this Schedule, the Commission shall have power to regulate their own procedure.

15 In this Schedule the expression " securities " includes shares, stock, debentures and debenture stock.