Coal Industry Nationalisation Act 1946

1. Introductory Text

2. The National Coal Board

   1. 1. Establishment of National Coal Board and functions thereof.

   2. 2. Constitution of the Board.

   3. 3. Powers of the Minister in relation to the Corporation.

   4. 4. Consumers’ councils.

3. Transfer of assets to the Board

   1. 5. Transfer of assets generally.

   2. 6. Transfer of interests in patents and designs.

   3. 7. Transfer of rights and liabilities under contracts.

   4. 8. Vesting of rights to use of certain property.

   5. 9. Ascertainment of assets, rights and liabilities transferred, and determination of questions as to transfer.

   6. 10—25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. Financial provisions

   1. 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   2. 27. Temporary borrowing powers of the Board.

   3. 28. Payments to the Minister by the Corporation.

   4. 29. Reserve fund of the Board.

   5. 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   6. 31. Board’s accounts and audit thereof.

   7. 32. Issue of stock in exchange for Coal Commission Stock.

   8. 33. General provisions as to stock.

   9. 34. Issues out of the Consolidated Fund for money payments and for advances to the Board.

   10. 35. Account of Minister’s receipts.

5. Savings, and provisions consequential on nationalisation

   1. 36. Savings as to certain coal, etc.

   2. 37. Provisions as to superannuation, etc., rights.

   3. 38. Transfer to the Board of property and functions of the Coal Commission, other than interests in coal.

   4. 39. Abolition of coal advisory committee under 10 & 11 Geo. 5. c. 50, s. 4.

   5. 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   6. 41. Power to vary trusts of property provided out of the Miners’ Welfare Fund.

   7. 42. †Duty of the Minister to prosecute safety and health research, and winding up of research endowment fund.

   8. 43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   9. 44. Winding-up of coal-selling schemes, and of S. Yorks. Mines Drainage Committee.

   10. 45. Provisions as to Doncaster Drainage District and certain dock etc., undertakings.

6. Miscellaneous provisions as to the Corporation

   1. 46. Duty of the Corporation as to establishment of machinery for settlement of terms and conditions of employment, etc.

   2. 47. Corporation not to be exempt from taxation, etc.

   3. 48. Transfer of liability for subsidence from colliery concerns to the Corporation.

   4. 49. Provisions as to liability of the Corporation in actions, etc.

   5. 50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   6. 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   7. 52. Right to inspection and copies of the Board’s plans of workings.

   8. 53. Availability of transferred documents and staff for compensation proceedings and windings up.

   9. 54. Annual report of the Corporation.

7. General

   1. 55. Payment of certain expenses of the Minister out of moneys provided by Parliament.

   2. 56. Restriction on disclosure of information.

   3. 57. Use for purposes this Act of information obtained under Coal Act 1938.

   4. 58. Penalties for giving false information,

   5. 59. Provisions as to prosecutions, and as to offences by corporations.

   6. 60. Service of notices, etc.

   7. 61. Arbitration under this Act.

   8. 62. Provisions as to regulations.

   9. 63. Interpretation.

   10. 64. Application to Scotland.

   11. 65. †Short title, extent and repeal.

8. SCHEDULES

   1. FIRST SCHEDULE

      1. Part I Assets to be transferred without option

         1. 1. Unworked coal and mines of coal (and certain associated minerals).

         2. 2. Collieries, and colliery coke ovens and manufactured fuel plants.

         3. 3. Colliery electricity plants.

         4. 4. Colliery transport loading and storage works.

         5. 5. Colliery merchanting property.

         6. 6. Colliery institutes, etc.

         7. 7. Maintenance, operational, office and general equipment.

         8. 8. Stocks of colliery products.

         9. 9. Certain curtilages and development sites.

      2. Part II Assets to be transferred at option of the Board or of owners

         1. 10. Colliery stores.

         2. 11. Waterworks.

         3. 12. Certain wharves, etc. used for colliery purposes.

         4. 13. Housing property.

         5. 14. Farming property.

      3. Part III Assets to be transferred at option of the Board or of owners subject to arbitration in case of objection

         1. 15. Manufactured fuel plants other than of collieries.

         2. 16. Certain transport, loading and storage works other than of collieries.

         3. 17. Associated merchanting property.

         4. 18. Central rescue stations.

         5. 19. Brickworks.

         6. 20. Curtilages and development sites not within Part I.

      4. Part IV Other assets to be transferred at option of the Board or of owners subject to arbitration in case of objection

         1. 21. Other colliery assets of any kind, except iron and steel works.

      5. Part V Provisions supplementary to the preceding provisions of this Schedule

         1. 22. References to ownership, etc., to be related in general to date for vesting.

         2. 23. Ownership, etc., discontinued since the 1st January, 1946, to be treated as if continued.

         3. 24. Things not in use owned for a given purpose to be treated as if used therefor.

         4. 25. Definitions.

         5. 26. Application to Scotland.

   2. SECOND SCHEDULE

      1. 1. (1) This Schedule shall apply, subject to the limitations contained...

      2. 2. Provisions of a contract being provisions to which this Schedule...

      3. 3. Where the application of this Schedule to provisions of a...

      4. 4. The Minister may by regulations make such provisions supplementary to...

      5. 5. In this Schedule the expression “class A subsidiary” has the...

   3. SCHEDULE 2A

      Eligibility for Superannuation Rights

      1. 1. Any person who has been in the employment of a...

      2. 2. Any person who has been in the employment of a...

      3. 3. (1) Any person who has been in the employment of...

      4. 4. Any person who has been in the employment of a...

      5. 5. Other persons, so far as benefits in their favour are...

   4. THIRD SCHEDULE

      1. Part I Coal-selling Schemes

         1. Vesting of Interests and Compensation

            1. 1. On the primary vesting date there shall vest in the...

            2. 2. Compensation shall not be made in respect of interests vested...

            3. 3. The compensation to be made in respect of the interests...

         2. Contracts

            1. 4. (1) Subject to the provisions of sub-paragraph (3) of this...

         3. Winding up, etc.

            1. 5. On the primary vesting date— (a) the bodies administering selling...

            2. 6. On the primary vesting date Part I of the Coal...

            3. 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

         4. Interpretation

            1. 8. In this Part of this Schedule— (a) the expression “central...

      2. Part II The South Yorkshire Mines Drainage Committee

         1. Vesting of Interests and Dissolution of Committee

            1. 9. On the primary vesting date— (a) there shall vest in...

            2. 10. Compensation shall not be made in respect of the transfer...

         2. Rights and Liabilities

            1. 11. (1) As from the primary vesting date, a contract to...

         3. Transitional Provisions

            1. 12. (1) All such proceedings with respect to the assessment of...

      3. Part III Provisions Supplementary to Parts I and II

         1. 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   5. FOURTH SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .