Coal Industry Act 1994

Part IV U.K. General and Supplemental

Information provisions U.K.

57 Public access to information held by the Authority. U.K.

(1) This section applies to the information contained in any register maintained by the Authority under section 35 or 56 above and to any of the following information which is for the time being in the possession of the Authority, that is to say—

(a) information about the geological or physiographical features or characteristics of any land in which any unworked coal or any coal mine is situated or of any other land;

(b) information about the identity of the persons in whom interests and rights in or in relation to any unworked coal or any coal mine have been vested;

(c) the contents of the plans of any coal mines or coal workings;

(d) any other information about proposals for the carrying on by any person of any coal-mining operations;

(e) information about any subsidence or subsidence damage or about claims made under the 1991 Act; and

(f) information about such other matters as the Secretary of State may by regulations prescribe for the purposes of this section.

(2) Subject to subsections (3) and (4) below, it shall be the duty of the Authority to establish and maintain arrangements under which every person is entitled, in such cases, on payment to the Authority of such fee and subject to such other conditions as the Authority may consider appropriate—

(a) to be furnished with any information to which this section applies;

(b) to have the contents of so much of the records maintained by the Authority as contains any information to which this section applies made available to him, at such office of the Authority as it may determine, for inspection at such times as may be reasonable; and

(c) to make or be supplied with copies of, or of extracts from, so much of the records maintained by the Authority as contains any information to which this section applies.

(3) Subject to subsection (5) below, nothing in this section shall require or authorise the disclosure by the Authority of any information which—

(a) relates to the affairs of an individual or specifically to the affairs of any body of persons (whether corporate or unincorporate), including the Authority itself, and

(b) is not contained in a register maintained under section 35 or 56 above,

if the disclosure of that information would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or, as the case may be, of that body.

(4) Subject to subsection (5) below, nothing in this section shall require or authorise the disclosure by the Authority, without the consent of the person to whom the Authority owes the obligation of confidence, of any information which—

(a) has been furnished to the Authority—

(i) in pursuance of the provisions of a licence under Part II of this Act;

(ii) in pursuance of any provisions of an agreement entered into in connection with, or with any proposals for, the carrying on of any activities in the course of any exploration for coal or of any activities for which a licence under [F1 section 3 of the Petroleum Act 1998] is required; or

(iii) for the purposes of any application to the Authority for the grant of a licence under Part II of this Act, for the making of such an agreement or for the transfer or creation of any interests or rights in or in relation to any land;

and

(b) under the provisions of the licence under Part II of this Act, of that agreement or of any undertaking given by the Authority to the applicant for the purposes of that application, is to be treated as subject to an obligation of confidence owed by the Authority to any other person.

(5) The information that is to be excluded by virtue of subsections (3) and (4) above from the information which is to be made available to any person in pursuance of arrangements under this section shall not include any information of a description that appears to the Authority to comprise information relating to matters which are or may be relevant to the safety of members of the public or of any particular individual or individuals other than the person whose consent is required for its disclosure.

(6) For the purposes of this section it shall be the duty of the Authority to maintain such records as it considers appropriate of any information which comes into its possession and is information to which this section applies.

(7) The power to make regulations for the purposes of this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In this section “records” includes registers, maps, plans and accounts, as well as computer records and other records kept otherwise than in documentary form.

Textual Amendments

F1 Words in s. 57(4)(a)(ii) substituted (15.2.1999) by 1998 c. 17, ss. 50, 52(4), Sch. 4 para. 38(4); S.I. 1999/161, art. 2(1)

58 Liability for inaccurate information furnished to the Authority. E+W+S

(1) This section applies where the conditions of a licence under Part II of this Act contain provision stating—

(a) that information of a specified description which is furnished to the Authority in pursuance of the conditions of the licence may be disclosed by the Authority for specified purposes in pursuance of arrangements under section 57 above; and

(b) that any information of that description that is disclosed by the Authority for any of those purposes is to be treated, for the purposes of this section, as information whose accuracy the operator has undertaken to secure.

(2) The licensed operator shall owe a duty to the Authority and to every person likely to be affected by any inaccuracy in information disclosed by the Authority for any of the specified purposes to exercise all due diligence to secure—

(a) that the Authority is furnished, in accordance with the conditions of the licence, with all the information of the specified descriptions which the operator is required by those conditions to furnish to the Authority; and

(b) that the information of those descriptions which is furnished by the operator to the Authority is accurate in every material particular.

(3) Where a duty is owed by any person to another person by virtue of subsection (2) above, any breach of that duty which causes that other person to sustain loss or damage shall be actionable against the person in breach at the suit or instance of the other person.

(4) A person shall not be liable for any breach of a duty mentioned in subsection (2) above except—

(a) in respect of a disclosure of information made by the Authority for a specified purpose; and

(b) to the Authority or the person to whom the disclosure was made.

(5) This section shall be without prejudice to the liability of any person for breach of the duty to comply with an enforcement order (within the meaning of Part II of this Act).

59 Information to be kept confidential by the Authority. E+W+S

(1) Subject to the following provisions of this section, it shall be the duty of the Authority to establish and maintain such arrangements as it considers best calculated to secure that information which—

(a) is in the Authority’s possession in consequence of either the carrying out of any of its functions or the transfer to the Authority, in accordance with a restructuring scheme, of any records, and

(b) relates to the affairs of any individual or to any particular business,

is not, during the lifetime of that individual or so long as that business continues to be carried on, disclosed to any person without the consent of that individual or, as the case may be, of the person for the time being carrying on that business.

(2) Nothing in subsection (1) above shall authorise or require the making of arrangements which prevent the disclosure of information—

(a) for the purpose of facilitating the carrying out by the Secretary of State, the Treasury or the Authority of any of his, their or, as the case may be, its functions under this Act;

(b) in pursuance of arrangements made under section 57 above;

(c) for the purpose of facilitating the carrying out by any relevant authority of any of the functions in relation to which it is such an authority;

(d) in connection with the investigation of any criminal offence or for the purposes of criminal proceedings;

(e) for the purposes of any civil proceedings brought under this Act or any relevant enactment, of any proceedings before the Lands Tribunal or the Lands Tribunal for Scotland under the 1991 Act or of any arbitration for which provision is made by regulations under section 47(2) above;or

(f) in pursuance of any Community obligation.

(3) For the purposes of this section—

(a) every Minister of the Crown and local weights and measures authority in Great Britain is a relevant authority in relation to his or, as the case may be, their functions under any relevant enactment;

[F2 (b) the Secretary of State, the Treasury and the Financial Services Authority are relevant authorities in relation to their functions under the Financial Services and Markets Act 2000 and the enactments relating to companies and insolvency;]

(c) an inspector appointed under the enactments relating to companies, an official receiver and any recognised professional body for the purposes of section 391 of the M1 Insolvency Act 1986 are relevant authorities in relation to their functions as such;

(d) every enforcing authority, within the meaning of Part I of the M2 Health and Safety at Work etc. Act 1974, is a relevant authority in relation to its functions under any relevant statutory provision, within the meaning of that Act;

[F3 (dd) the Civil Aviation Authority is a relevant authority in relation to its functions under Part I of the Transport Act 2000;]and

(e) the following are relevant authorities in relation to all of their functions, that is to say—

(i) the Comptroller and Auditor General;

(ii) the Health and Safety ExecutiveF4 ...;

(iii) the National Rivers Authority;

(iv) the [F5 Competition Commission];

(v) [F6 the Office of Fair Trading] and the Director General of Electricity Supply;

[F7 (vi) the Scottish Environment Protection Agency.]

(4) In subsections (2) and (3) above “relevant enactment” means any of the following, that is to say—

(a) the M3 Trade Descriptions Act 1968;

(b) the M4 Fair Trading Act 1973;

(c) the Consumer Credit Act 1974;

(d) Part II of the M5 Control of Pollution Act 1974;

F8 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the M6 Estate Agents Act 1979;

(h) the M7 Competition Act 1980;

(i) the M8 Consumer Protection Act 1987;

(j) the M9 Electricity Act 1989;

(k) the M10 Water Resources Act 1991;

(l) the M11 Land Drainage Act 1991;

(m) any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities dated 10th September 1984 (No. 84/450/EEC) on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising;

[F9 (n) the Competition Act 1998;]

[F10 (o) the Enterprise Act 2002;]

[F11 (p) the Water Act 2003.]

(5) Nothing in any arrangements under this section shall—

(a) limit the matters which may be contained in a report under section 60 below or section 49 of the 1991 Act (report on operation of that Act); or

(b) restrict or prohibit the disclosure of any information which has already been made public—

(i) as part of such a report;

(ii) in pursuance of any arrangements under section 57 above;

(iii) under any provision of section 31 or 32 above or Part III of this Act requiring the publication of any notice or other matter; or

(iv) in the exercise of any power or the performance of any duty which is conferred or imposed on any person apart from this Act.

(6) The Secretary of State may by order made by statutory instrument modify subsections (2) to (5) above so as to add to or restrict the descriptions of disclosures which are to be excluded from any prohibition contained in arrangements under subsection (1) above; and the power to make an order under this subsection shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Subject to subsection (8) below, where any licence under Part II of this Act or any such undertaking as is mentioned in section 57(4)(b) above contains provision for any information furnished to the Authority to be treated as subject to such an obligation of confidence as restricts the disclosure or use of that information without the consent of the person to whom that obligation is to be owed—

(a) the requirement to comply with that obligation shall be a duty owed by the Authority to that person; and

(b) any such disclosure or use, in contravention of that provision, of any information as causes the person to whom it is owed to sustain loss or damage shall be actionable against the Authority at the suit or instance of that person.

(8) Subsection (7) above shall not apply, except in so far as the provisions of the licence or undertaking contain express provision to the contrary, to any disclosure of information which is for the time being excluded by virtue of subsections (2) to (5) above from the prohibition contained in arrangements under subsection (1) above.

(9) In this section “records” has the same meaning as in section 57 above.

Textual Amendments

F2 S. 59(3)(b) substituted (3.7.2002) by S.I. 2002/1555, art. 23

F3 S. 59(3)(dd) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. IV para. 24

F4 Words in s. 59(3)(e)(ii) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)

F5 Words in s. 59(3)(e)(iv) substituted (1.4.1999) by S.I. 1999/506, art. 34

F6 Words in s. 59(3)(e)(v) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 32(2)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F7 S. 59(3)(e)(vi) substituted (1.4.1996) by S.I. 1996/973, reg. 16.

F8 S. 59(4)(e)(f) repealed (1.3.2000) by 1998 c. 41, s. 74(1)(3), Sch. 12 para. 18(a), Sch. 14 Pt. I; S.I. 2000/344, art. 2, Sch.

F9 S. 59(4)(n) inserted (11.1.1999) by 1998 c. 41, s. 74(1), Sch. 12, para. 18(b); S.I. 1998/3166, art. 2, Sch.

F10 S. 59(4)(o) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 32(2)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F11 S. 59(4)(p) inserted (1.4.2004) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 31; S.I. 2004/641, art. 3(y), Sch. 2 (with Sch. 3 para. 7)

Modifications etc. (not altering text)

C1 S. 59(2): disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. I para. 35

Marginal Citations

M1 1986 c. 45.

M2 1974 c. 37.

M3 1968 c. 29.

M4 1973 c. 41.

M5 1974 c. 40.

M6 1979 c. 38.

M7 1980 c. 21.

M8 1987 c. 43.

M9 1989 c. 29.

M10 1991 c. 57.

M11 1991 c. 59.

60 Annual report of the Authority. E+W+S

(1) As soon as reasonably practicable after the end of each financial year the Authority shall prepare a report on its activities during that year and shall send a copy of that report to the Secretary of State.

(2) The Authority’s annual report—

(a) shall set out—

(i) all such directions under section 6 above, this section or Part II of Schedule 1 to this Act, and

(ii) all such determinations under that Part of that Schedule,

as have been given to it or made during the financial year to which the report relates;

(b) shall incorporate the statement of accounts prepared by the Authority in respect of the accounting year ending with the financial year in question, together with a copy of the report on those accounts which is required to be laid before Parliament under paragraph 15(4) of Schedule 1 to this Act; and

(c) shall otherwise be in such form, and contain such information, as may be specified in a direction given to it by the Secretary of State.

(3) The information contained in the Authority’s annual report shall not include any such information as falls to be excluded by virtue of subsection (3) or (4) of section 57 above from the information which is to be made available in pursuance of arrangements under that section.

(4) Nothing in subsection (3) above shall prevent the inclusion in the Authority’s annual report of any information which has already been made public by virtue of any provision of this Act or of any other enactment.

(5) In consequence of section 49 of the 1991 Act (report on operation of that Act), it shall not be necessary for the Authority’s annual report to include any report on the operation of that Act.

(6) As soon as reasonably practicable after he has received the Authority’s annual report for any financial year the Secretary of State shall lay a copy of it before each House of Parliament.

(7) It shall be the duty of the Authority—

(a) to arrange for copies of every annual report of the Authority to be published in such manner as it considers appropriate for securing that the information contained in it is available to the persons likely to be interested in it; and

(b) to send the Secretary of State such number of copies of the published report as he may require.

61 Report on financial assistance for coal-mining museums. E+W+S

As soon as reasonably practicable after the end of the period of three years beginning with the restructuring date, the Secretary of State shall prepare and lay before Parliament a report setting out particulars of—

(a) the financial assistance provided during that period to coal-mining museums, so far as it has involved the making of payments for that purpose to any person by the Secretary of State;

(b) the manner in which the provision of that financial assistance has been administered; and

(c) the use to which that financial assistance has been put by the coal-mining museums which have received it.

Supplemental U.K.

62 Financial provisions. E+W+S

There shall be paid out of money provided by Parliament—

(a) any administrative expenses incurred by the Secretary of State or the Treasury in consequence of the provisions of this Act;

(b) any sums required by any Minister of the Crown or Government department for meeting obligations arising in consequence of that Minister or department becoming entitled or subject, in accordance with any restructuring scheme, to any property, rights or liabilities; and

(c) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

63 Provisions relating to the service of documents. E+W+S

(1) Any document required or authorised by virtue of this Act to be served on any person may be served—

(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;

(b) if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary or clerk of that body; or

(c) if the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having the control or management of the partnership business;

and any document required or authorised by this Act to be served on the Authority or the Corporation may be served by leaving it at, or sending it by post to, any office of the Authority or, as the case may be, of the Corporation.

(2) For the purposes of this section and section 7 of the M12 Interpretation Act 1978 (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—

(a) in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body; and

(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom, is its principal office within the United Kingdom.

(3) If a person to be served by virtue of this Act with any document by another has specified to that other an address within the United Kingdom, other than his proper address (as determined in accordance with subsection (2) above), as one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as a proper address of that person for the purposes of this section and for the purposes of the said section 7 in its application to this section.

(4) References in this section to the service of a document on any person include references to the giving, making or sending to that person of any notice, direction, claim or request which is in writing.

(5) This section shall not apply to any document in relation to the service of which provision is made by rules of court.

Modifications etc. (not altering text)

C2 S. 63 applied (31.10.1994) by 1994 c. 45, s. 51 (as substituted (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 41(3)).

Marginal Citations

M12 1978 c. 30.

64 Offences by bodies corporate etc. E+W+S

(1) Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, then he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3) Where any partnership in Scotland or any unincorporated association in Scotland which is not a partnership is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any partner in the partnership or, as the case may be, any person concerned in the management or control of the association, or

(b) any person purporting to act in any such capacity,

then he, as well as the partnership or association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

65 Interpretation. U.K.

(1) In this Act, except in so far as the context otherwise requires—

• “the 1946 Act” means the M13 Coal Industry Nationalisation Act 1946;

• “the 1975 Act” means the M14 Coal Industry Act 1975;

• “the 1991 Act” means the M15 Coal 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;

• “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;

• “company” has the same meaning as in the M16 Companies Act 1985;

• “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 M17 Coal 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;

• “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;

• “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 M18 Interpretation Act 1978;

• “subsidence damage” has the same meaning as in the 1991 Act;

• “subsidiary” and “wholly-owned subsidiary” have the meanings given by section 736 of the M19 Companies Act 1985;

• “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.

Marginal Citations

M13 1946 c. 59.

M14 1975 c. 56.

M15 1991 c. 45.

M16 1985 c. 6.

M17 1987 c. 3.

M18 1978 c. 30.

M19 1985 c. 6.

[F12 65A. Shadow directors U.K.

The Companies Acts (as defined by section 2 of the Companies Act 2006) have effect in relation to a company that—

(a) is wholly owned by the Crown, and

(b) has been notified by the Secretary of State that it is a company to which it is proposed to transfer any part of the Corporation’s undertaking,

as if references to a shadow director did not include the Treasury or any Minister of the Crown.]

Textual Amendments

F12 S. 65A inserted (1.10.2007) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), art. 1(3)(a), Sch. 4 para. 84(2) (with art. 12)

66 Crown application. E+W+S

(1) This Act shall have effect in relation to any land or other property in which there is a Crown or Duchy interest as it has effect in relation to land or other property in which there is no such interest.

(2) So much of this Act as contains provision for the modification of the rights or liabilities to which any person is or may become entitled or subject shall bind the Crown.

(3) Nothing in this section shall be taken as requiring a licence under Part II of this Act for the carrying on by or on behalf of the Crown of any coal-mining operations.

(4) Where this Act modifies any enactment in relation to which provision is made for its application to the Crown that differs from the provision made by this section, that provision, and not this section, shall have effect in relation to the modification.

(5) In this section “Crown or Duchy interest” means any interest belonging to Her Majesty or to the Duchy of Cornwall or any interest belonging to a Government department or held in trust for the purposes of a Government department.

[F13 (6) The references in subsection (5) above to a Government department shall, for the purposes of the application of this section to sections 4D to 4F of, and Schedule 1C to, this Act, be treated as including the holder of an office in the Scottish Administration which is not a ministerial office.]

Textual Amendments

F13 S. 66(6) added (S.) (20.6.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 30(2), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 1

67 Amendments, transitional provisions, savings and repeals. U.K.

(1) The enactments mentioned in Schedule 9 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the preceding provisions of this Act).

(2) The Secretary of State may by order made by statutory instrument make such consequential modifications of any provision contained in any Act passed before the relevant commencement date, or in any subordinate legislation made before that date, as appear to him necessary or expedient—

(a) in respect of any reference in that Act or subordinate legislation to the Corporation;

(b) in respect of any reference (in whatever terms) in that Act or subordinate legislation to a person carrying on coal-mining operations or to such operations;

(c) in respect of any reference in that Act or subordinate legislation to any enactment repealed or amended by this Act; or

(d) in the case of a provision contained in subordinate legislation, in respect of any other inconsistency between that subordinate legislation and this Act;

and in this subsection “the relevant commencement date”, in relation to any modifications, means the date of the coming into force of the provisions of this Act on which they are consequential.

(3) If it appears to the Secretary of State to be appropriate to do so—

(a) for the purposes of, or in consequence of, the coming into force of any enactment contained in this Act, or

(b) in consequence of the effect or operation at any time after the restructuring date of any such enactment or of anything done under any such enactment,

he may by order made by statutory instrument repeal, amend or re-enact (with or without modifications) any provision contained in any local Act (whenever passed), including, in the case of an order by virtue of paragraph (b) above, a provision amended by virtue of subsection (2) or paragraph (a) above.

(4) The power of the Secretary of State to make provision by an order under subsection (3) above shall include power—

(a) to provide for general modifications of local Acts of a specified description and for modifications making different provision for different cases;

(b) to make such supplemental, incidental, consequential and transitional provision as the Secretary of State considers appropriate in relation to any other provisions of such an order; and

(c) in the case of an order made after the restructuring date, to require provision contained in the order to be treated as if it came into force on that date.

(5) An order shall not be made under this section for modifying any public general Act unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(6) A statutory instrument containing an order under this section a draft of which is not required to have been laid before Parliament under subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) The transitional provisions and savings contained in Schedule 10 to this Act shall have effect; and those provisions and savings shall be without prejudice to sections 16 and 17 of the M20 Interpretation Act 1978 (effect of repeals).

(8) The enactments mentioned in Schedule 11 to this Act (which include some enactments which are spent) are hereby repealed to the extent specified in the third column of that Schedule.

Commencement Information

I1 S. 67(2)-(6) in force and s. 67(8) in force for specified purposes at Royal Assent, see s. 68(6)(e)

I2 S. 67(7) in force and 67(1)(8) in force for specified purposes at 31.10.1994 by S.I. 1994/2552, art. 2, Sch. 1, Appendix (with art. 4)

I3 S. 67(1)(8) in force for specified purposes at 1.11.1994 by S.I. 1994/2552, art. 3, Sch. 2, Appendix

I4 S. 67(1)(8) in force for specified purposes at 31.10.1994 ("the restructuring date"), see ss. 7, 68(2) and S.I. 1994/2553, art. 2

I5 S. 67(8) in force for specified purposes at 24.12.1994 by S.I. 1994/3063, art. 2, Sch.

I6 S. 67(8) in force for specified purposes at 1.3.1995 by S.I. 1995/273, art. 2, Sch.

I7 S. 67(1)(8) in force for specified purposes at 27.3.2004 ("the dissolution date"), see s. 23(2) and S.I. 2004/144, art. 3

I8 S. 67(8) in force at 27.3.2004 for specified purposes by S.I. 2004/144, art. 2(a), Sch.

Marginal Citations

M20 1978 c. 30.

68 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Coal Industry Act 1994.

(2) The following provisions of this Act shall come into force on the restructuring date, that is to say—

(a) sections 10, 11, 18 and 23;

(b) sections 31 to 34 and section 36;

(c) sections 38 to 44 and 48 to 53, section 55 and Schedules 6, 7 and 8;

(d) Schedule 9, except (subject to the power to appoint the restructuring date under subsection (4) below) for so much of that Schedule as relates to—

(i) the M21 Public Health Act 1961,

(ii) the M22 Licensing Act 1964,

F14 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) the M23 Overseas Development and Co-operation Act 1980,

(vii) the M24 National Audit Act 1983,

(viii) the M25 Road Traffic Regulation Act 1984,

(ix) sections 315(4)(b) and 317 of the M26 Town and Country Planning Act 1990, and

(x) the M27 Leasehold Reform, Housing and Urban Development Act 1993;

(e) Part II of Schedule 11; and

(f) subsections (1) and (8) of section 67 so far as they relate to provisions coming into force on that date by virtue of paragraphs (d) and (e) above.

(3) The following provisions of this Act shall come into force on the dissolution date, that is to say—

(a) Schedule 9, so far as it relates to—

(i) the M28 Public Health Act 1961,

(ii) the M29 Overseas Development and Co-operation Act 1980,

(iii) the M30 National Audit Act 1983,

(iv) the M31 Road Traffic Regulation Act 1984, and

(v) the M32 Leasehold Reform, Housing and Urban Development Act 1993;

(b) Part IV of Schedule 11; and

(c) subsections (1) and (8) of section 67 so far as they relate to provisions coming into force on that date by virtue of paragraphs (a) and (b) above.

(4) Apart from the provisions to which subsections (2) and (3) above apply and the provisions specified in subsection (6) below (which come into force on the passing of this Act), this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(5) An order under subsection (4) above may—

(a) appoint different days for different provisions and for different purposes; and

(b) make any such transitional provision (including provision modifying for transitional purposes any of the provisions of this Act or of any enactment amended or repealed by this Act) as the Secretary of State considers appropriate in connection with the bringing into force of any provision of this Act;

but, where an order under that subsection makes any such provision as is mentioned in paragraph (b) above, the statutory instrument containing the order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) The provisions of this Act mentioned in subsection (4) above are this section and—

(a) sections 7 to 9;

(b) sections 12 to 14 and 17 and Schedule 2;

(c) section 54;

(d) sections 62 to 66;

(e) section 67(2) to (6); and

(f) Part I of Schedule 11 to this Act and subsection (8) of section 67 so far as it relates to that Part of that Schedule.

(7) The following provisions of this Act do not extend to Scotland, that is to say—

[F17 (za) sections 4A to 4C and Schedules 1A and 1B;]

(a) sections 49 and 50 and Schedule 7; and

(b) so much of Schedules 9 and 11 as relates to enactments extending to England and Wales only.

[F18 (7A) Sections 4D to 4F of, and Schedule 1C to, this Act extend to Scotland only.]

(8) This Act, except for—

(a) sections 7 to 9, 12 and 13 and Schedule 2,

(b) sections 20 and 21 and Schedule 4,

(c) so much of Schedule 1 as amends the M33 Parliamentary Commissioner Act 1967, the M34 House of Commons Disqualification Act 1975 and the M35 Northern Ireland Assembly Disqualification Act 1975,

(d) so much of Schedule 9 as amends any enactment that extends to Northern Ireland,

(e) the repeal, by virtue of their inclusion in Schedule 11, of—

(i) the entries relating to the Corporation in the M36 Statutory Corporations (Financial Provisions) Act 1975, the M37 House of Commons Disqualification Act 1975, the M38 Northern Ireland Assembly Disqualification Act 1975 and the M39 National Audit Act 1983,

(ii) the M40 Coal Consumers’ Councils (Northern Irish Interests) Act 1962,

(iii) section 2(4) and (5) of the M41 Overseas Development and Co-operation Act 1980 and the entry relating to the Corporation in Schedule 1 to that Act,

(iv) section 1(2) of the M42 Continental Shelf Act 1964 and section 2(3) of the M43 Territorial Sea Act 1987,

(v) so much of the M44 Coal Industry Act 1987 as extends to Northern Ireland, and

(vi) the M45 British Coal and British Rail (Transfer Proposals) Act 1993,

and

(f) so much of this Part as is required for the purpose of giving effect to the extension to Northern Ireland of the provisions mentioned in the preceding paragraphs,

does not extend to Northern Ireland.

(9) This Act extends to the Isle of Man for the purpose of giving effect there to the repeal by this Act of subsection (3) of section 2 of the Territorial Sea Act 1987, to paragraph 10 of Schedule 10 and to so much of any restructuring scheme or any agreement under section 13 above as relates to rights mentioned in that paragraph; and, subject to that paragraph, that repeal shall accordingly include the repeal of that subsection as it extends to the Isle of Man by virtue of the M46 Territorial Sea Act 1987 (Isle of Man) Order 1991.

Subordinate Legislation Made

P1 S. 68(2): 31.10.1994 appointed as the restructuring date, see s. 7 and S.I. 1994/2553, art. 2

P2 S. 68(3) power exercised: 27.3.2004 appointed as the dissolution date, see s. 23(2) and S.I. 2004/144, art. 3

P3 S. 68(4)(5) power partly exercised: 19.9.1994 appointed for specified provisions by S.I. 1994/2189, art. 2, Sch.

P4 S. 68(4)(5) power partly exercised: 31.10.1994 and 1.11.1994 appointed for specified provisions and purposes by S.I. 1994/2552, arts. 2, 3, Schs. 1, 2 and Appendices (with art. 4)

P5 S. 68(4)(5) power partly exercised: 24.12.1994 appointed for specified provisions and purposes by S.I. 1994/3063, art. 2, Sch.

P6 S. 68(4): power partly exercised: 31.1.1995 appointed for s. 24 by S.I. 1995/159, art. 2

P7 S. 68(4)(5) power partly exercised: 1.3.1995 appointed for specified provisions and purposes by S.I. 1995/273, art. 2, Sch.

Textual Amendments

F14 S. 68(2)(d)(iii) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV, Group 2

F15 S. 68(2)(d)(iv) repealed (1.9.2007) by Gambling Act 2005 (c. 19), s. 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with Sch. 4 (as amended by S.I. 2007/1157, arts. 7-12; S.I. 2007/2169, arts. 7-11)) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

F16 S. 68(2)(d)(v) repealed (27.5.1997) by 1997 c. 11, s. 3, Sch. 1 Pt. I

F17 S. 68(7)(za) inserted (E.W.S.) (1.4.2004) by Water Act 2003 (c. 37), ss. 85(3), 105(3); S.I. 2004/641, art. 3(w) (with Sch. 3 para. 7)

F18 S. 68(7A) inserted (S.) (20.6.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 30(3), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 1

Marginal Citations

M21 1961 c. 64.

M22 1964 c. 26.

M23 1980 c. 63.

M24 1983 c. 44.

M25 1984 c. 27.

M26 1990 c. 8.

M27 1993 c. 28.

M28 1961 c. 64.

M29 1980 c. 63.

M30 1983 c. 44.

M31 1984 c. 27.

M32 1993 c. 28.

M33 1967 c. 13.

M34 1975 c. 24

M35 1975 c. 25.

M36 1975 c. 55.

M37 1975 c. 24.

M38 1975 c. 25.

M39 1983 c. 44.

M40 1962 c. 22.

M41 1980 c. 63.

M42 1964 c. 29.

M43 1987 c. 49.

M44 1987 c. 3.

M45 1993 c. 2.

M46 S.I. 1991/1722.