Coal Act 1938

45 Application of Part I to Scotland. E+W+S

(1) The provisions of this section shall have effect for the purpose of the application of this Part of this Act to Scotland.

(2) “Covenant” means agreement or stipulation and “restrictive covenant” shall be construed accordingly and shall include a real burdenad factum proestandum “fee simple” and “freehold interest” mean the estate or interest of the proprietor of thedominium utile; “demised” means let; “sub-demised” means sub-let; “under-lease” and “sub-demise” mean sub-lease; any reference to a lease or an under-lease derived out of another lease shall be construed as a reference to a sub-lease granted by a superior lessee; “mortgage” means a heritable security and “mortgagee” and “mortgagor” respectively mean the creditor and debtor in a heritable security; “chattel” means corporeal moveable; “condition of re-entry” means power to bring a lease to an end or to resume possession; “leasehold interest” means the interest of the lessee in premises subject to a lease; any reference to a term of years shall be construed as a reference to the lessee’s interest under a lease; references to a reversion or a reversionary interest or an immediate reversion or a reversion expectant on a lease shall be construed as references to the interest of the landlord in property subject to a lease, and the expression “reversioner” shall be construed accordingly; “freehold reversion” means the interest of the proprietor of thedominium utilein property subject to a lease, and “leasehold reversion” means the interest of a lessee of property who is the landlord under a sub-lease thereof; any reference to rent reserved under a lease shall be construed as a reference to rent payable under or stipulated for in a lease; any reference to a charge or power in, on or over any subjects shall include a reference to a heritable security affecting such subjects and any reference to a lease by parole shall be construed as a reference to a verbal lease.

(3) The definition in section forty-four of this Act of the expression “claiming under” shall not apply and the expression “person claiming under” shall have the meaning assigned thereto by paragraph 3 of the First Schedule to the Registration Act.

(4) “Heritable creditor” means the creditor in a heritable security, and “heritable security” means a heritable security within the meaning of the M1 Conveyancing (Scotland) Act 1924, exclusive of a real burdenad factum proestandumbut inclusive of a security constituted byex facieabsolute disposition; “superior” includes the Crown (without prejudice to the Crown’s inherent right of superiority over all land in Scotland) and a subject superior or mid-superior.

(5) In this Act and in the Registration Act, any reference to the proprietor of thedominium utileshall as regards any coal or mine of coal in the undivided ownership of the Crown, be construed as a reference to the Crown.

(6) For references to the M2 Lands Clauses Consolidation Act 1845, and to section eighty thereof there shall be substituted respectively references to the M3 Lands Clauses Consolidation (Scotland) Act 1845, and to section seventy-nine thereof; for references to the M4 Railways Clauses Consolidation Act 1845, and to sections seventy-eight to eighty-five thereof there shall be substituted respectively references to the M5 Railways Clauses Consolidation (Scotland) Act 1845, and to sections seventy-one to seventy-eight thereof; for any reference to the High Court there shall be substituted a reference to the Court of Session and for any reference to a receiver of the rents and profits of premises there shall be substituted a reference to a judicial factor.

(7) Any question which is required in pursuance of this Act to be referred to arbitration shall be referred to a single arbiter agreed on by the parties or appointed in default of agreement by the Lord President of the Court of Session.

(8) In any arbitration in pursuance of this Act, the arbiter may, and, if so directed by the Court of Session, shall, state a case for the opinion of that Court on any question of law arising in the arbitration.

(9)–(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(12) Subsection (3) of section fourteen of this Act shall have effect as if all the words occuring after the words “copies thereof” were omitted.

(13) Subsection (2) of section seventeen of this Act shall not apply, but no right adverse to the title to any coal or mine of coal given to the Commission by the vesting thereof in them by this Act shall be capable of being acquired by prescriptive possession.

(14) For subsection (1) of section nineteen of this Act the following subsection shall be substituted:—

“(1) On and after the valuation date it shall not be competent to grant a sub-lease of coal or a mine of coal:

Provided that this subsection shall not apply to the grant of a sub-lease pursuant to a lease consolidation scheme made under section twelve of this Act or to minerals or substances that are subsidiary coal hereditaments within the meaning of section six of this Act.”

(15) Subsection (3) of section nineteen of this Act shall not apply.

(16) The aggregate of the values of (a) any coal or mine of coal and any property and rights vested in the Commission by virtue of this Act, and (b) any erections or structural improvements used exclusively for the purpose of working or cleaning such coal, entered in any Valuation Roll . . . F2 for any period ending after the vesting date, shall not exceed the value or values at which such coal, mine of coal, property and rights and such erections or improvements would have been so entered if this Act had not passed, and . . . F3 no entry shall be made in any such roll in respect of erections or structural improvements used exclusively for the purpose of working or cleaning coal by reason only of the fact, that in consequence of the vesting of the coal in the Commission under this Act, the land on which the said erections or structural improvements are situated is not included in the lease of the coal.

Textual Amendments

F1 Ss. 23–31, 35–40, 42(2), 43(3), 45(9)–(11) repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. X

F2 Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VII

F3 Words repealed by Valuation and Rating (Scotland) Act 1956 (c. 60), Sch. 7 Pt. IV

Modifications etc. (not altering text)

C1 S. 45 extended by Coal Industry Act 1975 (c. 56), s. 2(10)(c)

Marginal Citations

M1 1924 c. 27.

M2 1845 c. 18.

M3 1845 c. 19.

M4 1845 c. 20.

M5 1845 c. 33.