Mining Industry Act 1920

1920 CHAPTER 50 10 and 11 Geo 5

[F1 An Act to provide for the better administration of mines, and to regulate the coal industry, and for other purposes connected with the mining industry and the persons employed therein.]

[16th August 1920]

Textual Amendments

F1 Act repealed (E.W.N.I) (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 4

Modifications etc. (not altering text)

C1 Functions of Board of Trade under this Act now exercisable by Secretary of State: S.R. & O. 1942/1132 (Rev. XV, p. 99, 1942 p. 217), art. 2(1), Ministry of Fuel and Power Act 1945 (c. 19), s. 1(2), Sch. 1, S.I. 1957/48 (1957 I, p. 1439), 1969/1498, art. 2(1) and 1970/1537, art. 2(2)

C2 This Act is not necessarily in the form in which it has effect in Northern Ireland

Part I U.K. Administration of Mining Industry

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 U.K.

Textual Amendments

F2 Ss. 1, 2(2) repealed by Ministry of Fuel and Power Act 1945 (c. 19), Sch. 3

2 General powers and duties. U.K.

(1) . . . F3 there shall . . . F3 be transferred to the Board of Trade all the powers of a Secretary of State under enactments relating to mines and quarries.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(3) The Board of Trade shall undertake the collection, preparation, and publication of information and statistics relating to the mining industry, and shall co-operate with such Committees of the Privy Council as are formed for the purpose, and any other Government departments concerned, in the initiation and direction of research in relation to matters connected with the powers and duties of the Board of Trade.

(4)–(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F3 Words repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)

F4 Ss. 1, 2(2) repealed by Ministry of Fuel and Power Act 1945 (c. 19), Sch. 3

F5 S. 2(4)—(7) repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 U.K.

Textual Amendments

F6 S. 3 repealed by Coal Mines (Decontrol) Act 1921 (c. 6), s. 1(5)

4 Advisory committees. U.K.

(1) The Board of Trade shall appoint committees for the purpose of giving the Board advice and assistance on matters connected with their powers and duties under this Act relating to coal and the coal industry and to the metalliferous mining industry respectively, and may appoint one or more other committees for the purpose of giving the Board advice and assistance on matters connected with any of their other powers and duties relating to mines and the mining industry, and in appointing members of any committee hereinbefore referred to the Board of Trade shall act after consultation with the various interests concerned.

(2) The Board of Trade shall refer to an advisory committee for advice any question relating to the powers and duties of the Board relating to mines and the mining industry which appears to the Board of such a nature as to make such reference desirable, and shall take into consideration any representations thereon which may be made to the Board by any such committee.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 S. 4(3) repealed by Coal Industry Nationalisation Act 1946 (c. 59), Sch. 4

Modifications etc. (not altering text)

C3 S. 4 repealed so far as requires appointment of coal advisory committee by Coal Industry Nationalisation Act 1946 (c. 59), s. 39

5

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(3), (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F8 S. 5(1) repealed by Ministers of the Crown Act 1937 (c. 38), Sch. 4

F9 S. 5(2) repealed by Ministry of Fuel and Power Act 1945 (c. 19), Sch. 3

F10 S. 5(3),(4) repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)

6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 U.K.

Textual Amendments

F11 S. 6 repealed by Ministers of the Crown Act 1937 (c. 38), Sch. 4

Part II U.K.

7—17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 U.K.

Textual Amendments

F12 Ss. 7—17 repealed by Statute Law Revision Act 1927 (c. 42)

Part III U.K. General

18 Schemes as to drainage. U.K.

(1) It shall be lawful for the Board of Trade after . . . F13 holding such other inquiry as they may think fit, to make schemes with respect to any group of mines as to the drainage thereof, and as to the apportionment as between the owners of the mines in question of any expenditure for a common purpose that may be required by any such scheme, and any such scheme may amend or repeal any local Act of Parliament in connection with such drainage.

(2) For this purpose the Board of Trade may adopt with or without modifications any scheme relating to the drainage of any group of mines proposed by all or any of the owners of such mines.

(3) [F14 The provisions of Parts I and III of the Second Schedule to the M1 Mines and Quarries Act 1954, shall, with the necessary modifications, have effect with respect to the procedure for making a scheme under this section as they have effect with respect to the procedure for making general regulations under that Act, and the power conferred by this section to make a scheme shall be construed as including power (exercisable in the like manner and subject to the like conditions) to revoke or vary the scheme:]

Provided that before any scheme involving the amendment or repeal of any local Act of Parliament comes into force it shall be laid before each House of Parliament for a period of not less than fourteen days during which that House is sitting, and, if either House before the expiration of that period presents an address to His Majesty against the scheme or any part thereof, no further proceedings shall be taken thereon without prejudice to the making of any new scheme.

Textual Amendments

F13 Words repealed by Statute Law Revision Act 1927 (c. 42)

F14 Words substituted by Mines and Quarries Act 1954 (c. 70) Sch. 4

Modifications etc. (not altering text)

C4 S. 18 explained by Mines and Quarries Act 1954 (c. 70), Sch. 4

Marginal Citations

M1 1954 c. 70.

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 U.K.

Textual Amendments

F15 S. 19 repealed by Mines and Quarries Act 1954 (c. 70), Sch. 5

20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 U.K.

Textual Amendments

F16 S. 20 repealed by Miners Welfare Act 1952 (c. 23), Sch. 2

21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 U.K.

Textual Amendments

F17 S. 21 repealed by Mines and Quarries Act 1954 (c. 70), Sch. 5

22 Power to hold inquiries. U.K.

(1) The Board of Trade may hold such inquiries as they consider necessary or desirable for the purposes of this Act, and the Board of Trade and, if authorised by the Board of Trade, the person appointed to hold any such inquiry, may, by order, require any person, subject to the payment or tender of the reasonable expenses of his attendance, to attend as a witness and give evidence, or to produce any documents in his possession or power which relate to any matter in question at the inquiry, and are such as would be subject to production in a court of law, and, if any person fails without reasonable excuse to comply with any of the provisions of any such order, he shall be liable on summary conviction to at fine not exceeding [F18 £25], and the person holding the inquiry shall have power to take evidence on oath and for that purpose to administer oaths.

(2) Notices of inquiries may be given and published in accordance with such general or special directions as the Board of Trade may give.

(3) The powers of the Board of Trade under this section shall be in addition to and not in derogation of any powers of holding inquiries transferred to the Board from any other Government department under this Act.

Textual Amendments

F18 Words substituted (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C(4)(5)(8) and (E.W.) Criminal Law Act 1977 (c. 45), s. 31(5)(6)(9)

23 Inter-departmental arrangements. U.K.

The Board of Trade and any other Government department may make arrangements for the exercise and performance by such other Government department or by the Board of Trade of any of the powers and duties of the Board of Trade or such other Government department relating to mines and the mining industry which appear to them to be such as could be more conveniently so exercised and performed, and in such case such other Government department and their officers, or the Board of Trade and their officers, as the case may be, shall have all the powers and duties for such purpose as are exerciseable by the Board of Trade and their officers or such other department and their officers.

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 U.K.

Textual Amendments

F19 S. 24 repealed by Statute Law Revision Act 1927 (c. 42)

25 Interpretation. U.K.

For the purposes of this Act, unless the context otherwise requires,—

• . . . F20

• The expressions “mines” and “the mining industry” include, respectively, quarries and the quarrying industry:

• The expression “output” in relation to a coal mine means the tonnage in saleable coal raised and weighed at the pithead.

Textual Amendments

F20 Definitions repealed by Mines and Quarries Act 1954 (c. 70), Sch. 5

26 Short title. U.K.

This Act may be cited as the Mining Industry Act 1920.

F21 F21 FIRST SCHEDULE U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Sch. 1 repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)

F22 F22 SECOND SCHEDULE U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Sch. 2 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. X