Coal Industry Nationalisation Act 1946
1946 c.59
An Act to establish public ownership and control of the coal-mining industry and certain allied activities; and for purposes connected therewith.
Act applied with modification by Continental Shelf Act 1964 (c. 29), s. 1(2)
The National Coal Board
C31 Establishment of National Coal Board and functions thereof. C2
F11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C42
The functions of the F2British Coal Corporation(in this Act referred to as F2“the Corporation”) shall include the carrying on of all such activities as it may appear to the F2the Corporation to be requisite, advantageous or convenient for them to carry on for or in connection with the discharge of their duties under the preceding subsection, and in particular, but without prejudice to the generality of this section,—
a
searching and boring for coal in Great Britain, F3. . .;
b
treating, rendering saleable, supplying and selling coal;
c
producing, manufacturing, treating, rendering saleable, supplying and selling products of coal;
d
producing or manufacturing any goods or utilities which are of a kind required by the F2the Corporation for or in connection with the working and getting of coal or any other of their activities, or which can advantageously be produced or manufactured by the F2the Corporation by reason of their having materials or facilities for the production or manufacture thereof in connection with the working and getting of coal or any other of their activities, and supplying and selling goods or utilities so produced or manufactured;
F4e
any activities which can advantageously be carried on by the F2the Corporation with a view to making the best use of their assets;
C5f
activities conducive to advancing the skill of persons employed or to be employed for the purposes of any of the activities aforesaid, or the efficiency of equipment and methods to be used therefor, including the provision by the F2the Corporation themselves, and their assisting the provision by others, of facilities for training, education and research.
C63
The F5Corporationshall have power to do any thing and to enter into any transaction (whether or not involving the expenditure, borrowing in accordance with the provisions of this Act in that behalf or lending of money, the acquisition of any property or rights, or the disposal of any property or rights not in their opinion required for the proper discharge of their functions) which in their opinion is calculated to facilitate the proper discharge of their duties under subsection (1) of this section or the carrying on by them of any such activities as aforesaid, or is incidental or conducive thereto.
4
The policy of the F5Corporationshall be directed to securing, consistently with the proper discharge of their duties under subsection (1) of this section,—
a
the safety, health and welfare of persons in their employment;
b
the benefit of the practical knowledge and experience of such persons in the organisation and conduct of the operations in which they are employed;
C7c
that the revenues of the F5Corporationshall not be less than sufficient for meeting all their outgoings properly chargeable to revenue account (including, without prejudice to the generality of that expression, provisions in respect of their obligations under sections twenty-eight and twenty-nine of this Act) on an average of good and bad years.
2 Constitution of the Board.
1
2
C193
The chairman and other members of the F98Corporationshall be appointed by F100the Secretary of State (in this Act referred to as “the Minister”) from amongst persons appearing to him to be qualified as having had experience of, and having shown capacity in, industrial, commercial or financial matters, applied science, administration, or the organisation of workers.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F101
C195
The Minister shall appoint one of the members of the F98Corporationto act as deputy chairman.
C206
There shall be paid to the members of the F98Corporationsuch salaries and allowances as may be determined by the Minister with the approval of F102the Treasury, and, on the retirement or death of any of them as to whom it may be so determined to make such provision, such pensions and gratuities to them or to others by reference to their service as may be so determined.
The said salaries and allowances, and any such pensions and gratuities as aforesaid, shall be paid out of the revenues of the F98Corporation.
7
The Minister may make regulations with respect to—
a
the appointment of, and the tenure and vacation of office by, the members of the F103Corporation;
b
8
Subject to the provisions of any regulations made under the last preceding subsection, the F103Corporationshall have power to regulate their own procedure.
3 Powers of the Minister in relation to the Corporation.
F61
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C84
The F7Corporationshall afford to the Minister facilities for obtaining information with respect to the property and activities of the F7CorporationF8in Great Britain or elsewhere, and shall furnish him with returns, accounts and other information with respect thereto and afford to him facilities for the verification of information furnished, in such manner and at such times as he may require.
4 Consumers’ councils. C21
F1041
There shall be established for the purposes mentioned in this section two consumers’ councils, to be known respectively as the Industrial Coal Consumers’ Council and the Domestic Coal Consumers’ Council.
C222
Each of the said councils shall consist of such number of persons as the Minister may think fit, appointed by him . . . F105 —
a
in the case of the Industrial Coal Consumers’ Council, after consultation with such bodies representative of the interests concerned as the Minister thinks fit, to represent consumers of coal, coke and manufactured fuel respectively, for industrial purposes or other purposes involving supply in bulk, and persons engaged in organising or effecting the sale or supply, whether for home use or for export, of coal, coke and manufactured fuel respectively, for those purposes;
b
in the case of the Domestic Coal Consumers’ Council, after consultation with such bodies representative of the interests concerned as the Minister thinks fit, to represent consumers of coal, coke and manufactured fuel respectively, for domestic purposes and other purposes not falling within the preceding paragraph, and persons engaged in organising or effecting the sale or supply of coal, coke and manufactured fuel respectively, for those purposes.
In formulating his proposals for appointments to each of the said councils, the Minister shall have particular regard to nominations made to him by the said bodies representative of the interests concerned of persons recommended by them as having both adequate knowledge of the requirements of those interests and also qualifications for exercising a wide and impartial judgment on the matters to be dealt with by the council generally.
3
The Industrial Coal Consumers’ Council shall be charged with the duties—
a
of considering any matter affecting the sale or supply, whether for home use or for export, of coal, coke or manufactured fuel for the purposes mentioned in paragraph (a) of subsection (2) of this section which is the subject of a representation made to them by consumers for those purposes of coal, coke or manufactured fuel, as the case may be, or which appears to them to be a matter to which consideration ought to be given apart from any such representation, . . . F105;
b
of considering, and reporting to the Minister on, any such matter which may be referred to them by the Minister.
4
The Domestic Coal Consumers’ Council shall be charged with the like duties in relation to the sale or supply of coal, coke and manufactured fuel for the purposes mentioned in paragraph (b) of subsection (2) of this section.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F106
6
The said councils shall be furnished by the Minister with such clerks, officers and staff as appear to him, with the concurrence of F107the Treasury as to numbers, to be requisite for the proper discharge of their functions, and the Minister shall pay to the members of the said councils such allowances, and to the clerks, officers and staff of the said councils such remuneration and allowances, as he may with the approval of F107the Treasury determine, and shall pay such expenses incurred by the said councils as he may so determine.
7
Provision may be made by regulations for or in connection with any such matters in relation to the said consumers’ councils as are mentioned in subsection (7) of section two of this Act in relation to the F108Corporation, and for the appointment of a chairman of each of the said councils, with or without provision for another to act in his place, and, subject to the provisions of any such regulations, the said councils shall have power to regulate their own procedure.
8
Each of the said councils shall make an annual report to the Minister, and the Minister shall lay the reports before each House of Parliament.
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F106
12
In this section the expression “manufactured fuel” means any manufactured fuel (including carbonised briquettes and ovoids) of which coal or coke is the principal constituent.
Transfer of assets to the Board
F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
Financial provisions
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
27F16 Temporary borrowing powers of the Board.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
4
The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of F18the payment of interest on and the discharge of any other financial obligation in connection with, any sum borrowed by the F19Corporation, otherwise than from the Minister, under F20F21section 1 of the M1Coal Industry Act 1965F22or under section 2(3) of the M2Coal Industry Act 1973.
5
Any sums required by the Treasury for fulfilling any such guarantee shall be charged on and issued out of the Consolidated Fund.
6
Immediately after any guarantee is given under this section, the Treasury shall lay a statement of the guarantee before each House of Parliament, and where any sum is issued out of the Consolidated Fund for fulfilling such a guarantee the Treasury shall, as soon as possible after the end of each financial year beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged, lay before each House of Parliament a statement relating to that sum.
7
Any sum issued for fulfilling a guarantee given under this section shall be repaid by the F19Corporationto the Treasury, together with interest thereon at such rate as the Treasury may determine, in such manner, and over such period, as the Treasury may determine after consultation with the Minister.
8
Any sums received by the Treasury under the last preceding subsection shall be paid into the Exchequer.
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
28 Payments to the Minister by the Corporation. C9
1
The F23Corporationshall make to the Minister, at such times and in such manner as he may, with the approval of the Treasury, direct,—
F24a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C102
Sums received by the Minister under this section shall be paid into the Exchequer . . . F26
3
The Minister shall lay before each House of Parliament a statement of any payments due from the F23Corporationunder this section which are not duly paid to him as required thereunder.
29 Reserve fund of the Board.
1
The Board shall establish a reserve fund.
2
The management of the said fund, the sums to be carried from time to time to the credit thereof, and the application thereof, shall be as the F27Corporationmay determine:
Provided that—
a
no part of the said fund shall be applied otherwise than for purposes of the F27Corporation; and
b
the power of the Minister to give directions to the F27Corporationshall extend to the giving to them, with the approval of the Treasury, of directions as to any matter relating to the establishment or management of the said fund, the carrying of sums to the credit thereof, or the application thereof, notwithstanding that the directions may be of a specific character.
F2830. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31 Board’s accounts and audit thereof.
C111
The F29Corporationshall keep proper accounts and other records in relation thereto, and shall prepare in respect of each financial year of the F29Corporationa statement of accounts in such form as the Minister may direct, being a form which shall conform with the best commercial standards and which shall distinguish the colliery activities and each of the main ancillary activities of the F29CorporationF30in Great Britain or elsewhere.
2
The accounts of the F29Corporationshall be audited by auditors to be appointed annually by the Minister.
3
4
The Minister shall lay a copy of every such statement and report before each House of Parliament.
32 Issue of stock in exchange for Coal Commission Stock.
1
The Treasury shall have power to issue to the National Debt Commissioners such an amount of government stock of such value on the date of issue thereof as is requisite for fulfilling any agreement made between them for the exchange of Coal Commission Stock for stock of His Majesty’s Government in the United Kingdom.
2
The Treasury may cancel any Coal Commission Stock surrendered to them in pursuance of any such agreement.
33 General provisions as to stock.
1
Stock issued for compensation, . . . F31 and stock issued for the purposes of the exchange provided for by the last preceding section, shall bear such rate of interest, and be subject to such conditions as to repayment, redemption and other matters (including provision for a sinking fund), as the Treasury may determine.
2
Any expenses incurred in connection with the issue or repayment of such stock shall be charged on and issued out of the F32National Loans Fund.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35
6
Section forty-seven of the M4Finance Act 1942 (which empowers the Treasury to make regulations as respects the transfer and registration of stock and registered bonds of the descriptions specified in Part I of the Eleventh Schedule to that Act), and any regulations made under that section which are in force immediately before the passing of this Act, shall have effect as if such stock . . . F31 were included among the stocks mentioned in the said Part I and among the stocks to which the said regulations apply.
7
Such stock shall be subject to the provisions of the M5National Debt Act 1870, so far as is consistent with the tenor of this Act.
F368
34 Issues out of the Consolidated Fund for money payments and for advances to the Board.
1
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
35 Account of Minister’s receipts.
1
The Minister shall, as respects each financial year, prepare in such form and manner as the Treasury may direct, an account of sums received by him under section twenty-eight of this Act, and of sums issued to and received by him under subsection (1) of the last preceding section, and of the disposal by him of those sums respectively.
2
Any account prepared under this section shall, on or before the thirtieth day of November next following the expiration of the financial year in question, be transmitted to the Comptroller and Auditor General, who shall examine and certify the account and lay copies thereof, together with his report thereon, before each House of Parliament.
Savings, and provisions consequential on nationalisation
F4136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37 Provisions as to superannuation, etc., rights. C12
1
Regulations shall be made for all or any of the following purposes relating to pensions, gratuities and other like benefits, that is to say,—
C13a
for providing for such benefits in favour of persons who have been in the F42Corporation’s employment, or in favour of other persons by reference to the employment of such persons;
b
for providing for such benefits in favour of persons who have been in employment in or in connection with coal industry activities or transferred allied activities but have not been taken into the service of the F43Corporation, or in favour of other persons by reference to the employment of such persons:
C14c
for the establishment and administration of schemes or other arrangements and of funds for the purposes of the preceding paragraphs, for the continuance, amendment or revocation of existing schemes or other arrangements relating to the like purposes (whether subsisting by virtue of trust, contract or otherwise) and of trust deeds, rules or other instruments made for the purposes thereof, for the transfer in whole or in part or extinguishment of liabilities under any such existing schemes or arrangements, and for the transfer in whole or in part, or winding up, of funds held for the purposes of any such existing schemes or arrangements, so however that nothing in this paragraph shall be construed as authorising diversion of any such funds to purposes other than those of the preceding paragraphs.
F441A
Regulations may be made for providing pensions, gratuities and other like benefits in favour of persons specified in the Table in Schedule 2A to this Act, and references in subsection (1)(c) above to the purposes of paragraphs (a) and (b) of that subsection shall include references to the purposes of this subsection.
2
In the case of persons, whether taken into the service of the F43Corporationor not, who have been in employment in or in connection with coal industry activities or transferred allied activities before the primary or other relevant vesting date, the regulations to be made for the purposes of the preceding subsection shall be so framed as to secure that, where either—
a
a right to, . . . F45 any particular benefits in favour of any such person, or in favour of another person by reference to his employment, ceases or is prejudiced by reason of his ceasing in consequence of the passing of this Act to be employed by his previous employer or to be employed in the activities aforesaid, or
b
any such person has retired from employment as aforesaid before the primary or other relevant vesting date, and he, or another person by reference to his employment, has been in receipt of benefits granted in respect of his employment, whether as of right or under customary practice,
the same benefits, or substituted benefits not less advantageous, shall be provided for under the regulations:
Provided that this subsection shall have effect subject to such limitations as may be prescribed for meeting cases in which any such rights, expectations or benefits may have been created or granted, otherwise than in the ordinary course, in connection with any provision made by this Act or with any anticipation of the making of any such provision.
3
Regulations made for the purposes of this section may be made so as to have effect from a date earlier than that on which they are made.
4
Liabilities (whether of obligation or under customary practice) in relation to pensions, gratuities and other like benefits, of a kind subsisting under such existing schemes or arrangements as aforesaid in connection with the carrying on of any coal industry activities or transferred allied activities, shall be taken into account in the valuation of compensation units comprising transferred interests owned, or in things used, for such activities, and the amount referred to in subsection (4) of section thirteen of this Act which a compensation unit might have been expected to realise on the assumed sale therein referred to shall be estimated on the basis that the purchaser would be in the like position as the owner of the transferred interests comprised in the unit as respects such liabilities and as respects resort to any transferred funds held for the purposes of such existing schemes or arrangements.
F4638. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4739. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48
41 Power to vary trusts of property provided out of the Miners’ Welfare Fund.
F491
Where any trusts subsisting immediately before the first day of July, nineteen hundred and fifty-two, are in force in respect of property consisting—
a
of property representing an application of moneys standing to the credit of the miners’ welfare fund; or
b
of property representing such an application and other property held therewith where the value of the property representing such application substantially exceeds the value of that other property,
and it appears to the Minister that any variation of those trusts (including provisions relating to the appointment or removal of trustees) is expedient in the interests of social welfare activities, he may by order make provision for that variation.
C152
No order shall be made under this section except on the application of the Social Welfare Organisation, nor unless the Minister is satisfied that the said Organisation have given notice by advertisement or otherwise, describing the proposals and affording to persons who would be affected thereby an opportunity to object to them, and have taken such other steps (if any) as appear to the Minister to be appropriate in the circumstances for ascertaining the views of such persons.
3
Trusts as varied by an order under this section may be varied by a subsequent order made thereunder.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50
F5142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52
F5344. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5445 Provisions as to Doncaster Drainage District and certain dock etc., undertakings.
1
His Majesty may by Order in Council make such provision as appears to him to be requisite or expedient, in consequence of the passing of this Act for—
a
modifying or discharging rights conferred and obligations imposed by the M8Doncaster Area Drainage Act 1929, or the M9Doncaster Area Drainage Act 1933, on mine-owners working or proposing to work minerals under any lands situated within the Doncaster Drainage District or on the Catchment Board of the River Ouse (Yorks) Catchment Area or the Catchment Board of the River Trent Catchment Area, or for substituting other rights and obligations in lieu of all or any of the rights and obligations so conferred and imposed;
b
varying the constitutions of the said Catchment Boards.
2
His Majesty may by Order in Council make such provision as appears to him to be requisite or expedient, in consequence of the passing of this Act, with respect to the Blyth Harbour Commissioners, the Upper Mersey Navigation Commissioners, the Commissioners of the Port or Harbour of Newport and the Tyne Improvement Commission, and any other body carrying on a dock, harbour, canal or inland navigation undertaking under authorisation conferred by an Act or by an order or scheme made under, or confirmed by, an Act, being an Act, or an order or scheme, as the case may be, which provides for the representation on the body of the interests of persons of a class of which the Board are members.
3
An Order in Council under either of the preceding subsections may make provision for any incidental or supplementary matters for which it appears to His Majesty in Council to be requisite or expedient for the purposes of the Order to provide, and for any requisite amendment or repeal (in the case of an Order under subsection (1)) of any provision of the M10Doncaster Area Drainage Act 1929, or the M11Doncaster Area Drainage Act 1933, and (in the case of an Order under subsection (2)) of any provision of any Act, order or scheme regulating the constitution of any such body as is mentioned in that subsection.
4
The draft of any Order in Council proposed to be made under subsection (1) or (2) of this section shall not be submitted to His Majesty until it has lain before each House of Parliament for a period of forty days, and if within that period either House of Parliament resolves that the draft be not submitted to His Majesty, no further proceedings shall be taken thereon, but without prejudice to the laying before Parliament of a new draft.
In reckoning any such period of forty days as aforesaid, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
5
An Order in Council under subsection (1) or (2) of this section may be varied or revoked by a subsequent Order in Council thereunder.
Miscellaneous provisions as to the Corporation
46 Duty of the Corporation as to establishment of machinery for settlement of terms and conditions of employment, etc.
1
It shall be the duty of the F55Corporation to enter into consultation with organisations appearing to them to represent substantial proportions of the persons in the employment of the F55Corporation, or of any class of such persons, as to the F56Corporation’s concluding with those organisations agreements providing for the establishment and maintenance of joint machinery for—
a
the settlement by negotiation of terms and conditions of employment, with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements; and
b
consultation on—
i
questions relating to the safety, health or welfare of such persons;
2
47 Corporation not to be exempt from taxation, etc.
Nothing in this Act shall be deemed to exempt the F58Corporationfrom liability for any tax, duty, rate, levy, or other charge whatsoever, whether general or local.
F5948. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49 Provisions as to liability of the Corporation in actions, etc.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60
3
4
For the avoidance of doubt it is hereby declared that the authorisations conferred on the F61Corporationby section one of this Act, whilst discharging them in the exercise and performance of the functions therein mentioned from limitations to which they might otherwise have been subject arising from the law relating to the capacity of statutory corporations, are not to be construed as authorising disregard of any enactment or any act or omission unlawful on any other ground.
50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62
51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63
F6452. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6553. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6654 Annual report of the Corporation.
1
The F67Corporation shall, as soon as possible after the end of each financial year of the F67Corporation make to the Minister a report on the exercise and performance by them of their functions F68in Great Britain or elsewhere during that year and on their policy and programmes, and the Minister shall lay a copy of every such report before each House of Parliament.
2
General
55 Payment of certain expenses of the Minister out of moneys provided by Parliament.
There shall be paid out of moneys provided by Parliament any expenses incurred by the Minister in—
a
the payment of remuneration, allowances, expenses and costs which he is required to pay by virtue of subsection (6) of section four . . . F69
56 Restriction on disclosure of information.
1
No information relating to any individual business, being information which has been obtained by, or on behalf of, any person for the purposes of functions of his under this Act, shall, without the previous consent in writing of the owner for the time being of that business, be published or disclosed otherwise than in connection with the execution, or for the purposes of, this Act F70or the Coal Industry Act 1994or of any regulation having effect by virtue of F71those Acts.
2
Nothing in the preceding subsection shall apply to any publication or disclosure of any information made for the purposes of any legal proceedings (including arbitrations) pursuant to this Act F70or the Coal Industry Act 1994, or of any criminal proceedings which may be taken whether pursuant to F71those Acts or otherwise, or for the purposes of any report of any such proceedings as aforesaid.
3
If any person publishes or discloses any information in contravention of this section, he shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding fifty pounds or to both such imprisonment and such fine, or, on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine not exceeding one hundred pounds or to both such imprisonment and such fine.
F7257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7358. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
59 Provisions as to prosecutions, and as to offences by corporations.
1
Proceedings for an offence against this Act or regulations made thereunder shall not, in England, be instituted except by or with the consent of the Minister or by the Director of Public Prosecutions.
2
Where an offence against this Act or regulations made thereunder has been committed by a body corporate, every person who at the time of the commission of the offence was a director or officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves that the contravention was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
60 Service of notices, etc.
Any notice or other document required or authorised to be given, made, delivered or served under this Act or regulations made thereunder may be given, made, delivered or served either—
a
by delivering it to the person to whom it is to be given, made or delivered, or on whom it is to be served; or
b
by leaving it at the usual or last known place of abode of that person; or
C16c
by sending it in a prepaid registered letter addressed to that person at his usual or last known place of abode; or
d
in the case of an incorporated company or body, the Central Valuation Board or a District Valuation Board, by delivering it to the secretary or clerk of the company, body or Board at their registered or principal office or sending it in a prepaid registered letter addressed to the secretary or clerk of the company, body or Board at that office; or
e
if it is not practicable after reasonable inquiry to ascertain the name or address of a person to whom it should be given, made or delivered, or on whom it should be served, as being a person having any interest in land, by addressing it to him by the description of the person having that interest in the premises (naming them) to which it relates, and delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, affixing it, or a copy of it, to some conspicuous part of the premises.
61 Arbitration under this Act.
1
For the purposes of the determination of any question as to which this Act or any regulation made thereunder provides that it is to be determined by arbitration under this Act, a panel of persons to act as arbitrators shall be appointed by the Lord Chancellor, and the Lord Chancellor shall nominate two members of the panel as chairman thereof and as deputy chairman respectively.
2
Any such question as aforesaid shall be determined by the arbitration of such member of the panel as the chairman, or, in the event of the chairman’s being temporarily absent or unable to act, the deputy chairman, may select.
62 Provisions as to regulations.
1
Regulations made (whether by the Minister or by the Treasury) for the purposes of any provision of this Act (in this section referred to, in relation to the regulations in question, as “the authorising enactment”) may, in addition to providing for any matters specified in the authorising enactment, provide—
a
for imposing limits of time within which things to be done for the purposes of the regulations must be done, with or without power to any authority therein specified to extend limits imposed;
b
for punishing persons offending against provisions of the regulations;
c
for the determination of questions of fact or of law which may arise in giving effect to the regulations, and as to evidence for that purpose, and for regulating (otherwise than in relation to any court proceedings) any matters relating to the practice and procedure to be followed in connection with the determination of such questions, including provision as to parties and their representation and provision for the right to appear and be heard (as well in court proceedings as otherwise) of the Minister, District Valuation Boards, referees, or other authorities, and as to awarding costs of proceedings for the determination of such questions, determining the amount thereof and the enforcement of awards thereof;
d
for amending or repealing enactments inconsistent with the provision to be made for the purposes of the authorising enactment, and for applying enactments with or without modification; and
e
for any incidental or supplementary matters for which it appears to the Minister to be necessary or expedient for the purposes of the authorising enactment to provide.
Provided that any punishment imposed by virtue of paragraph (b) of this subsection shall not exceed that provided for by section fifty-eight of this Act or, in the case of a fine imposed in respect of each day on which a person is in default, five pounds.
2
Regulations made (whether by the Minister or by the Treasury) under this Act shall be laid before Parliament as soon as may be after they are made, and if either House of Parliament within the period of forty days beginning with the day on which any such regulations are laid before it resolves that the regulations be annulled, the regulations shall thereupon become void, without prejudice, however, to the validity of anything previously done thereunder or to the making of new regulations. . . . F74
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75
63 Interpretation.
1
In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say,—
“coal” means bituminous coal, cannel coal and anthracite;
“coal industry activities” means colliery production, electricity, transport, sales and welfare activities, as defined in Part I of the First Schedule to this Act, and the activities incidental thereto mentioned in paragraph 7 of that Schedule:
“coal industry value” has the meaning assigned to it by paragraph (a) of subsection (2) of section ten of this Act;
“colliery activities” means searching or boring for, winning, working or getting, coal, bringing it to the surface, treating it and rendering it saleable, and includes depositing spoil arising from working coal or from any other of the activities mentioned in this definition;
“colliery concern” means a company whose business includes, or at any time on or after the first day of January, nineteen hundred and forty-six, included, the working of coal (excluding working undertaken for the purpose of digging or carrying away coal in the course of activities other than colliery activities, and working undertaken only as ancillary to the working of minerals other than coal), and any other person whose business includes, or at any such time included, such working of coal as aforesaid;
“Consolidated Fund” means the Consolidated Fund of the United Kingdom, . . . F76;
“district wages ascertainments” means the periodical ascertainments of the results of the coal industry in accordance with which the wages of mineworkers have been regulated under agreements in that behalf entered into between colliery owners and mineworkers;
“documents” includes plans, sections, records of survey and similar things;
. . . F77
“former freeholder’s lease” has the meaning assigned to it by subsection (8) of section eleven of this Act;
“functions” includes both duties and powers;
“mine of coal” means a space occupied by unworked coal or excavated underground for the purposes of colliery activities, and includes a shaft or adit made for those purposes, a coal quarry and opencast workings of coal;
“the Miner’s Welfare Fund” means the fund constituted by subsection (1) of section twenty of the M13Mining Industry Act 1920:
“the Minister” means F78the Secretary of State;
“money payment” has the meaning assigned to it by subsection (3) of section eighteen of this Act;
“prescribed” means prescribed by regulations;
“primary vesting date” has the meaning assigned to it by subsection (1) of section five of this Act;
“regulations” means regulations made by the Minister;
“stock issued for compensation” has the meaning assigned to it by subsection (5) of section twenty-one of this Act;
“transferred allied activities” means such activities as are—
- a
of a kind referred to in Part II or III of the First Schedule to this Act in relation to the vesting in the Board by option of interests as being interests in things used, available for use or required for certain activities, or as being owned for certain activities, and
- b
of a kind for which interests that in fact so vest were owned at the date of the vesting or for which things wherein those interests then subsisted were then used,
and that expression includes also activities in connection with farms interests in which in fact so vest, and such activities as are mentioned in sub-paragraph (2) of paragraph 21 of that Schedule;
- a
“transferred interests” has the meaning assigned to it by section nine of this Act;
“utilities” means electricity, gas, water, steam, compressed air and hydraulic power;
“value for subsidiary purposes” has the meaning assigned to it by paragraph (b) of subsection (2) of section ten of this Act.
F792
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C173
F80Except as otherwise expressly provided references in this Act to activities of any kind (whether or not described by that word) shall be construed as limited to activities of that kind carried on in Great Britain, but not so as to exclude, in the case of selling or supplying, selling or supplying for export or selling or supplying imported goods in Great Britain.
4
References in this Act to any enactment shall, unless the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment, including this Act.
64 Application to Scotland.
1
The provisions of this section shall have effect for the purpose of the application of this Act to Scotland.
2
For any reference to the High Court there shall be substituted a reference to the Court of Session; F81the expression “charge or lien for securing money or money’s worth” includes a heritable security other than a standard charge constituted by section twelve of the M14Church of Scotland (Property and Endowments) Act 1925, and does not include any stipend; the expression “easement” means servitude; the expression “leasehold interest” means the interest of a lessee in property subject to a lease, . . . F82.
3
The assets vested in the Board by virtue of section five of this Act shall, so far as consisting of feudal property, include any right of superiority therein other than that of the Crown.
4
Subsection (7) of section five of this Act shall have effect as if there were added at the end thereof the following paragraph:
h
for the completion of the title of the Board to heritable property vesting in them by virtue of this section by the execution and recording in the General Register of Sasines of conveyances of or instruments relating to such property.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83
6
Subsection (4) of section forty-one of this Act shall not apply to orders relating to land in Scotland or to personal estate to be laid out in the purchase of such land.
7
Section forty-eight of this Act shall have effect as if in paragraph (c) of subsection (1) thereof for the reference to section seventy-nine A of the provisions therein mentioned there were substituted a reference to section seventy-two A of the provisions substituted by Part II of the M15Mines (Working Facilities and Support) Act 1923, as that Part applies to Scotland for sections seventy-one to seventy-eight of the M16Railways Clauses Consolidation (Scotland) Act 1845.
8
Section forty-nine shall have effect as if in subsection (3), for the words “under the Limitation Act 1939”, there were substituted the words “by prescriptive possession”.
9
10
Section sixty-one shall have effect with the substitution for any reference to the Lord Chancellor of a reference to the Secretary of State.
65C18†Short title, extent and repeal.
1
This Act may be cited as the Coal Industry Nationalisation Act 1946.
2
This Act shall not extend to Northern Ireland.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85
SCHEDULES
F86FIRST SCHEDULE
Sch. 1 repealed (31.10.1994) by 1994 c. 21, s. 67(8), Sch. 11 Pt. II (with ss. 40(7), 66); S.I. 1994/2553, art. 2
Part IAssets to be transferred without option
1 Unworked coal and mines of coal (and certain associated minerals).
1
Interests in unworked coal, and in mines of coal, of colliery concerns and of the Coal Commission, and, subject to the provisions of section thirty-six of this Act, any other interest being a retained interest within the meaning of the M18Coal Act 1938, by virtue of subsections (1) to (5) of section five of that Act.
2
Interests of the Coal Commission in minerals other than coal, and interests of colliery concerns and of subsidiaries thereof in unworked minerals other than coal being minerals which can only be economically worked in association with the working of coal or which can only be economically brought to the surface by the use of a mine of coal an interest in which vests in the Board.
2 Collieries, and colliery coke ovens and manufactured fuel plants.
Interests of colliery concerns and of class A subsidiaries thereof in fixed and movable property used for colliery activities, coal carbonisation and coal products distillation activities allied with colliery activities, or manufactured fuel activities (in this Act referred to as “colliery production activities”):
Provided that where a colliery concern or a subsidiary thereof, or a concern of which a colliery concern is a subsidiary, operates iron and steel works at the primary vesting date—
a
interests of the colliery concern or of a subsidiary thereof in fixed and movable property used for coal carbonisation and coal products distillation activities allied with colliery activities shall be excepted from this paragraph so as to fall instead within paragraph 21 of this Schedule; and
b
the activities for which that property is used shall not be treated as colliery production activities by virtue of this paragraph, but without prejudice to the provisions of the said paragraph 21.
3 Colliery electricity plants.
Interests of colliery concerns and of class A subsidiaries thereof in fixed and movable property used for or in connection with the following (in this Act referred to as “colliery electricity activities”) namely, generating, transforming or converting electricity consumed exclusively or mainly in the course of colliery production, transport, sales or welfare activities or in the course of any combination of those activities, and interests of such concerns and subsidiaries in fixed and movable property used for or in connection with transmitting or distributing electricity generated, transformed or converted by means of property interests in which vest in the Board by virtue of the preceding provisions of this paragraph.
4 Colliery transport loading and storage works.
Interests of colliery concerns and of class A subsidiaries thereof (other than any such concerns or subsidiaries whose business includes the operation of iron and steel works) in railways, aerial ropeways, canal wharves, and other fixed and movable property (not being things mentioned in paragraph 12 of this Schedule) used exclusively or mainly for any one or more of the following (in this Act referred to as “colliery transport activities”), namely, the inland transport, loading, discharging, handling, or storing, of products of colliery production activities or articles required for colliery production or electricity activities.
5 Colliery merchanting property.
Interests of colliery concerns and of class A subsidiaries thereof in fixed and movable property used exclusively or mainly for the purposes of the sale or supply by colliery concerns or by class A subsidiaries thereof of products of colliery production activities (in this Act referred to as “colliery sales activities”), or for the purposes of the sale or supply of such products by bodies administering schemes which, immediately before the primary vesting date, have effect under Part I of the M19Coal Mines Act 1930.
6 Colliery institutes, etc.
1
Interests of colliery concerns and of class A subsidiaries thereof in fixed and movable property used as or in connection with an institute, a hospital, baths, a canteen, or otherwise, for providing for the benefit of staff employed in colliery production, electricity, transport, or sales activities (in this Act referred to as “colliery welfare activities”).
2
Interests of colliery concerns and of class A subsidiaries thereof in fixed and movable property used at a coal mine within the meaning of the M20Coal Mines Act 1911, in rescue work.
7 Maintenance, operational, office and general equipment.
Interests of colliery concerns and of class A subsidiaries thereof in fixed and movable property used exclusively or mainly for any one or more of the following, namely, repairing and maintaining things falling within any of the preceding paragraphs or this paragraph, preparing and adapting such things for use, providing means of access, lighting, heating and ventilation for the purposes of any of the activities therein mentioned, and any other activities incidental to the carrying on of any of the activities therein mentioned, including the organisation and supervision thereof, and securing safety therein.
8 Stocks of colliery products.
Interests of colliery concerns and of class A subsidiaries thereof in stocks of products of colliery production activities.
9 Certain curtilages and development sites.
In cases in which an interest in fixed property vests in the Board, whether without option or by virtue of the exercise of an option, and the owner of that interest has also an interest in land used exclusively or mainly for coal industry or transferred allied activities for which that property is used, or an interest in land owned by him exclusively for the purpose of having land available for use for such activities or an extenstion thereof, the interest of that owner in that land.
Part IIAssets to be transferred at option of the Board or of owners
10 Colliery stores.
1
Interests of colliery concerns and of class A subsidiaries thereof in consumable or spare stores available for use for colliery production, electricity, transport, sales or welfare activities.
2
Interests of companies or other persons, being companies or persons whose business consists exclusively or mainly of activities for the purposes of the purchase for colliery concerns or class A subsidiaries thereof, or for such concerns and such subsidiaries, of things required for colliery production activities, in things required as aforesaid, and in fixed and movable property used exclusively or mainly for activities for those purposes.
11 Waterworks.
Interests of colliery concerns and of class A subsidiaries thereof in fixed and movable property used for supplying water from a mine of coal, and interests of such concerns and subsidiaries in consumable or spare stores available for use for such activities as are mentioned in this paragraph.
Where an option is exercised for the vesting in the Board of an interest in property mentioned in this paragraph, the activities for which that property is used or that interest is owned shall be treated for the purposes of paragraphs 3 to 8 of this Schedule as if those activities had been colliery production activities.
12 Certain wharves, etc. used for colliery purposes.
Interests of colliery concerns and of class A subsidiaries thereof in wharves not being canal wharves, in private harbours, and in staithes, and in fixed and movable property appurtenant thereto, used for colliery transport activities.
13 Housing property.
Interests of colliery concerns and of class A or class B subsidiaries thereof in dwelling-houses, or in other land, owned by such concerns or subsidiaries for the purposes of providing housing accommodation for staff employed in colliery production, electricity, transport, sales, or welfare activities.
14 Farming property.
Interests of colliery concerns in farms, farming stock and other agricultural assets
Part IIIAssets to be transferred at option of the Board or of owners subject to arbitration in case of objection
15 Manufactured fuel plants other than of collieries.
Interests of persons by whom manufactured fuel activities are carried on, other than colliery concerns or class A subsidiaries thereof, in fixed and movable property used exclusively or mainly for the purposes of manufactured fuel activities.
16 Certain transport, loading and storage works other than of collieries.
Interests of persons other than colliery concerns or class A subsidiaries thereof, being persons whose business includes the operation of things mentioned in this paragraph, in railways, aerial ropeways, wharves, harbours, staithes, and other fixed and movable property, used exclusively or mainly for colliery transport activities for the purposes of a particular colliery concern or of a class A subsidiary of such a concern, or of both such a concern and such a subsidiary thereof.
17 Associated merchanting property.
Interests of companies, being companies in whose respective businesses two or more colliery concerns have interests, in fixed and movable property used exclusively or mainly for the purposes of the sale or supply by such a company of the products of colliery production activities of the interested concerns or any of them.
18 Central rescue stations.
Interests of any persons, owned by them for the purposes of a central rescue station equipped for rescue work and for the training of rescue workers which is provided and maintained in pursuance of regulations made under the M21Coal Mines Act 1911, in fixed and movable property used for those purposes.
19 Brickworks.
Interests of colliery concerns and of Class A subsidiaries thereof in fixed and movable property used for the purposes of the making of bricks, tiles or earthenware pipes, or other products manufactured from colliery debris or brick clay or earth, or in connection with those purposes, and interests of such concerns and subsidiaries in consumable or spare stores available for use for such activities as are mentioned in this paragraph.
Where an option is exercised for the vesting in the Board of an interest in property mentioned in this paragraph, the activities for which that property is used or that interest is owned shall be treated for the purposes of paragraphs 3 to 8 of this Schedule as if those activities had been colliery production activities.
20 Curtilages and development sites not within Part I.
In cases in which an interest in fixed property vests in the Board, whether without option or by viture of the exercise of an option, and the owner of that interest has also an interest in land used partly (but not exclusively or mainly) for coal industry or transferred allied activities for which that property is used, or an interst in land owned by him partly (but not exclusively) for the purpose of having land available for use for such activities or an extension thereof, the interest of that owner in that land.
Part IVOther assets to be transferred at option of the Board or of owners subject to arbitration in case of objection
21 Other colliery assets of any kind, except iron and steel works.
1
Interests of colliery concerns and of class A and class B subsidiaries thereof in any things (other than investments, interests in other concerns owned otherwise than as investments, cash or other liquid assets, patents or copyrights in registered designs, or the benefit of contracts) not rendered subject to vesting in the Board by virtue of any of the preceding paragraphs, of whatsoever kind, except interests of such a concern or a class A or class B subsidiary thereof in iron and steel works, and except interests of such a concern or subsidiary in fixed and movable property used for coal carbonisation and coal products distillation activities allied with colliery activities where the exclusive or main purpose of the activities for which the property is so used is to supply coke to an iron and steel works operated by the concern or a subsidiary thereof or by a concern of which the colliery concern is a subsidiary.
2
Where an option is exercised for the vesting in the Board of an interest in property falling within this paragraph, activities of a kind specified by the Board in their notice exercising the option as being activities for which they intend to use that property, or, if the option is exercised by the owner, activities of a kind for which that property is exclusively or mainly used by the colliery concern or its class A or class B subsidiary, or for which that interest is exclusively or mainly owned, shall be treated for the purposes of paragraphs 3 to 8 of this Schedule as if those activities had been colliery production activities.
Part VProvisions supplementary to the preceding provisions of this Schedule
22 References to ownership, etc., to be related in general to date for vesting.
1
References in this Schedule to interests of any concern, company or other person shall be construed as references to interests owned by that concern, company or other person immediately before the primary vesting date (in the case of references in Part I) or before the relevant option notice date (in the case of references in Parts II to IV), and references therein to ownership or to use for or in connection with any purpose, or to availability for use for any purpose, shall be construed as references to ownership or to use for or in connection with that purpose, or to availability for use for that purpose, immediately before those dates respectively, subject however to the provisions of the two next succeeding paragraphs.
2
References in this Schedule to any business or activities, and references in the definition therein of the expression “subsidiary” to ownership of capital of a company, shall be construed as references to the business or activities as carried on immediately before the dates respectively mentioned in the preceding sub-paragraph, or to the ownership of the capital as held immediately before those dates respectively, subject however to the provisions of the next suceeding paragraph.
23 Ownership, etc., discontinued since the 1st January, 1946, to be treated as if continued.
1
Where an interest in a thing was owned by any concern, company or other person or for any purpose, or a thing was used for or in connection with any purpose or available for use for any purpose, at any time during the period beginning with the first day of January, nineteen hundred and forty-six, and ending with the primary vesting date or a relevant option notice date, then—
a
if that interest has been dealt with in any manner during that period, whether by sale, exchange, surrender, creation thereout of a lease or other inferior interest, diversion to another purpose, or otherwise howsoever, this Act shall have effect as if the interest had not been so dealt with but had remained subsisting in all respects as it would have been if it had not been so dealt with, and
b
if that thing has ceased during that period to be used for or in connection with, or to be available for use, as the case may be, for the purpose in question, this Act shall have effect as if it had not so ceased,
unless, on a question being raised as to the vesting in the Board of that interest having regard to the preceding provisions of this paragraph it is proved by the person contesting such vesting that the dealing in question, or the cesser of use or availability for use, as the case may be, was due to something done or occurring in the ordinary course of business, and was in no way connected with any provision made by this Act or with any anticipation of the making of any such provision.
2
Where during the period aforesaid there has been a discontinuance of any business or activities mentioned in this Schedule or a change relevant to provisions thereof in the circumstances of the carrying on of any such business or activities, or there has been a change relevant to the definition therein contained of the expression “subsidiary” in the ownership of the capital of a company, this Act shall have effect as if the discontinuance or change had not taken place, unless the like matters as are mentioned in the preceding sub-paragraph are proved as to the discontinuance or change.
3
The regulations as to disposal of compensation to be made under section twenty of this Act may make provision for securing that compensation for the transfer of an interest vesting in the Board having regard to the preceding provisions of this paragraph shall be disposed of with due regard to the rights of any person who has purchased or otherwise dealt with that interest during the period aforesaid in good faith.
24 Things not in use owned for a given purpose to be treated as if used therefor.
References in this Schedule to things used for any purpose immediately before any date include references to things normally used for that purpose but then temporarily diverted to another use, and to things which are then not in use for any purpose (other than consumable or spare stores) if they are suitable for use for that purpose and an interest therein is then owned for that purpose by a colliery concern or other person whose interest therein would vest in the Board if the things were then in use for that purpose.
25 Definitions.
In this Schedule the following expressions have the meanings hereby assigned to them respectively, that is to say,—
“coal carbonisation and coal products distillation activities allied with colliery activities” means distilling coal, and treating, and rendering saleable, products (including coke) of the distillation of coal;
“consumable or spare stores” means any consumable stores, including supplies of timber or of materials of any kind, and movable property which is surplus to ordinary requirements and which has not at any time been issued for use or as a standby, so however that property surplus to ordinary requirements shall not be treated as falling outside this definition by reason of its having been so issued if it has been withdrawn on being found unnecessary or unsuitable for the purpose for which it was so issued or on the substitution of other property therefor;
“farm” means any agricultural land and agricultural buildings within the meanings assigned to those expressions respectively by the M22Rating and Valuation (Apportionment) Act 1928, and “farming stock” and “other agricultural assets” have the meanings assigned to those expressions respectively by the M23Agricultural Credits Act 1928;
“fixed property” means all buildings, works, fixtures, and fixed machinery and plant, and the sites thereof;
“interest” does not include a mortgage estate or other interest held by way of security;
“iron and steel works” means an establishment whose activities consist exclusively or mainly of making iron, making steel, or applying a process in making iron or steel, or of any combination of such activities;
“manufactured fuel activities” means manufacturing and rendering saleable any manufactured fuel (including carbonised briquettes and ovoids) of which coal or coke is the principal constituent;
“movable property” means all movable machinery and plant, wagons and other vehicles, engines, tractors, vessels (other than sea-going vessels) animals, and other movable equipment of any kind;
“option notice date” means the date on which a notice exercising an option under subsection (2) or (3) of section five of this Act is given;
“site” includes, in relation to any fixed property, in addition to the land on which it stands at ground level, so much of the subsoil and of the space above that land as the Board may reasonably require to use for the purposes of any of their functions;
“subsidiary” means, in relation to a colliery or other concern, a company not less than ninety per cent. of the issued share capital of which is in the beneficial ownership of that concern, and, for the purposes of the foregoing definition, shares of a company shall be treated as if they had been in the beneficial ownership of a colliery or other concern if they are in the beneficial ownership of—
- a
a company that is a subsidiary of that concern within the foregoing definitions, or
- b
a company which owns not less than ninety per cent. of the issued share capital of that concern (in a case in which it is a company);
- a
“class A subsidiary” means, in relation to a colliery concern, a subsidiary thereof whose business includes coal carbonisation and coal products distillation activities allied with colliery activities or includes manufactured fuel activities; and “class B subsidiary” means, in relation to a colliery concern, a subsidiary thereof not being a class A subsidiary.
26 Application to Scotland.
In the application of this Schedule to Scotland—
the expression “farm” means any agricultural lands and heritages within the meaning of the M24Rating and Valuation (Appportionment) Act 1928;
the expression “farming stock” includes agricultural requisites and agricultural produce as defined in the M25Agricultural Credits (Scotland) Act 1929, and agricultural tenants’ fixtures and other agricultural fixtures which a tenant is by law authorised to remove;
the expression “mortgage estate” means the right of the creditor in a heritable security;
the expression “other agricultural assets” means a tenant’s right to compensation under the M26Agricultural Holdings (Scotland) Acts 1923 M27and 1931, for improvement, damage by game, disturbance or otherwise and any other tenant right.
F87SECOND SCHEDULE
Sch. 2 repealed (31.10.1994) by 1994 c. 21, s. 67(8), Sch. 11 Pt. II (with ss. 40(7), 66); S.I. 1994/2553, art. 2
1
1
This Schedule shall apply, subject to the limitations contained in section seven of this Act and in sub-paragraph (3) of this paragraph, to the provisions of any contract to which a colliery concern or a Class A subsidiary of such a concern is a party, so far as they are provisions entered into in the course or for the purposes of any coal industry activities or for the purposes of the utilisation or disposal of things owned or used for any such activities.
2
This Schedule shall also apply, subject as aforesaid, to the provisions of any contract to which the owner of an interest falling within Part II, III or IV of the First Schedule to this Act that vests in the Board by virtue of the exercise of an option is a party, so far as they are provisions entered into in the course or for the purposes of any transferred allied activities for which that interest was owned or for which the things wherein that interest subsisted were used or for the purposes of the utilisation or disposal of things owned or used for any such activities.
3
This Schedule shall not apply to any provisions of such a contract as is mentioned in either of the preceding sub-paragraphs being—
a
provisions for or in connection with the lending of money to the concern, subsidiary or owner therein mentioned or the repayment of money so lent, or other provisions for or in connection with the financing of that concern, subsidiary or owner; or
b
provisions for or in connection with the grant (otherwise than to the concern, subsidiary or owner so mentioned by an employee of theirs) of a licence under a patent or under the copyright in a registered design; or
c
provisions for or in connection with pensions, gratuities or other like benefits.
2
Provisions of a contract being provisions to which this Schedule applies shall have effect in favour of and against the Board so far as the performance thereof is due under the contract on or after the primary vesting date (or, where the application of this Schedule depends upon the vesting of an interest in the Board by virtue of the exercise of an option, on or after the date of its vesting), as if the Board had been a party to the contract instead of the concern, subsidiary or owner mentioned in sub-paragraph (1) or (2) of paragraph 1 of this Schedule:
Provided that—
a
rights and liabilities in respect of payments due on or after the date aforesaid for goods or utilities delivered or supplied before that date, or for work done or services rendered before that date, shall be excepted from the operation of this paragraph; and
b
the operation of this paragraph may be excluded, as respects all or any rights or liabilities as respects which it would otherwise have effect, by agreement made between the Board and the concern, subsidiary or owner mentioned in sub-paragraph (1) or (2) of paragraph 1 of this Schedule and notified to the other party to the contract, but subject to the following provisions, namely, that if the other party to the contract (or any of them if more than one) objects to the exclusion he may within the prescribed period from the date of the notification to him refer the matter to arbitration under this Act, and in that event the arbitrator shall determine whether and to what extent the exclusion is to be effective, and, except in accordance with the determination of an arbitrator on such a reference, the exclusion shall not extend to performance of the contract due thereunder before the notification.
3
Where the application of this Schedule to provisions of a contract depends upon the vesting of an interest in the Board by virtue of the exercise of an option, the provisions of subsection (5) of section five of this Act as to treating the owner of an asset that vests in the Board by virtue of the exercise of an option as agent of the Board shall apply, with the substitution, for the references therein to such an asset and to the owner thereof, of references respectively to the provisions in question of the contract and to the concern, subsidiary or owner mentioned in sub-paragraph (1) or (2) of paragraph 1 of this Schedule.
4
The Minister may by regulations make such provisions supplementary to or consequential on the provisions of this Schedule as appears to him to be necessary or expedient, and in particular, but without prejudice to the generality of this paragraph, provision may be made by regulations made thereunder—
a
as to cases in which a contract comprises provisions being partly such as this Schedule applies to and partly not, for the substitution, where reasonably requisite, for that contract of separate contracts, and for determining whether such substitution is reasonably requisite, and, where it is, for the settlement of the terms of the separate contracts;
b
for apportionments consequent on the transfer by virtue of this Schedule of rights or liabilities under contracts under which periodical payments are accruing at the date of the transfer;
c
for adapting the terms of contracts to changes consequent on the passing of this Act in the circumstances in which the contracts will fall to be performed after the date aforesaid.
5
In this Schedule the expression “class A subsidiary” has the meaning assigned to it by paragraph 25 of the First Schedule to this Act.
F93SCHEDULE 2A Eligibility for Superannuation Rights
Sch. 2A inserted by Coal Industry Act 1977 (c. 39), Sch. 3
The table below sets out classes of persons for whom rights may be provided under section 37(1A) of this Act.
TABLE
1
Any person who has been in the employment of a subsidiary of the F88Corporation.
2
3
1
Any person who has been in the employment of a body corporate to which this head then applied.
2
This head applies to a body corporate in which the F90Corporation, or a subsidiary of the F90Corporation, has an interest of a prescribed kind where—
a
more than one-half in nominal value of the equity share capital of the body corporate is held by nationalised bodies, or
b
its members consist of or include nationalised bodies, and those nationalised bodies can together control the composition of the F90Corporationof directors of the body corporate, or
c
the body corporate is a subsidiary of another body corporate to which this head applies.
3
In this head “prescribed” means prescribed by regulations under section 37 of this Act, and those regulations may prescribe different kinds of interests for cases within paragraphs (a), (b) and (c) above respectively.
4
Any person who has been in the employment of a partnership where—
b
that partner, together with any other partners who were nationalised bodies, had an interest, or interests, in the partnership satisfying conditions prescribed by regulations under section 37 of this Act.
5
Other persons, so far as benefits in their favour are by reference to the employment of persons within heads 1, 2, 3 or 4 above.
In this Table—
“nationalised body” means—
- a
a body corporate established by or under any enactment for the carrying on of any industry or part of an industry, or of any undertaking, under national ownership or control, or
- b
a subisidiary of such a body corporate,
- a
“subsidiary” has the meaning given by F92section 736 of the Companies Act 1985.
F94THIRD SCHEDULE
Sch. 3 repealed (31.10.1994) by 1994 c. 21, s. 67(8), Sch. 11 Pt. II (with ss. 40(7), 66); S.I. 1994/2553, art. 2
Part ICoal-selling Schemes
Vesting of Interests and Compensation
1
On the primary vesting date there shall vest in the Board, by virtue of this paragraph and without further assurance, the interests of the bodies administering schemes under Part I of the Coal Mines Act 1930 (in this Part of this Schedule referred to as “selling schemes”), in property of whatsoever kind, other than interests of bodies administering central selling schemes in investments, cash or other liquid assets, or the benefit of contracts.
2
Compensation shall not be made in respect of interests vested as aforesaid, other than interests of bodies administering central selling schemes in stocks of products of colliery production activities owned by those bodies immediately before the primary vesting date.
3
The compensation to be made in respect of the interests vested as aforesaid of a body administering a central selling scheme in such stocks as aforesaid shall be of an amount equal to the value thereof as determined, in default of agreement between the Minister and the trustees for that body, by arbitration under this Act, shall be satisfied by a money payment made to those trustees, and, when paid, shall be dealt with as if it had been money received by that body in respect of sales of coal.
Contracts
4
1
Subject to the provisions of sub-paragraph (3) of this paragraph, as from the primary vesting date a contract to which the body administering a selling scheme, other than a central selling scheme, is a party shall have effect in favour of and against the Board as if the Board had been a party of the contract instead of that body.
2
Subject to the provisions of sub-paragraph (3) of this paragraph, as from the primary vesting date—
a
a contract to which the body administering a central selling scheme is a party; and
b
a contract for the rendering, for the purposes of colliery sales activities, of personal services to a selling agent appointed under a group selling scheme;
shall have effect in favour of and against the Board, so far as the performance thereof is due on or after the primary vesting date, as if the Board had been a party thereto instead of the body or agent aforesaid.
3
The provisions of subsections (2) to (5) of section seven of this Act and of subsection (3) of section nine thereof shall apply to the contracts mentioned in sub-paragraph (1) and sub-paragraph (2) of this paragraph respectively as they apply to the contracts mentioned in the Second Schedule to this Act with the substitution—
a
for the reference in subsection (2) of the said section seven to the purposes mentioned in paragraph 1 of that Schedule, of a reference to the purposes of the selling scheme in question; and
b
for references generally in those provisions to that Schedule, of references to this paragraph.
Winding up, etc.
5
On the primary vesting date—
a
the bodies administering selling schemes, other than central selling schemes, shall be dissolved and those schemes shall cease to have effect; and
b
so much of any central selling scheme as prohibits the supply of coal by the owner of a mine otherwise than to, or to the order of, the body administering the scheme shall cease to have effect.
6
On the primary vesting date Part I of the M28Coal Mines Act 1930, shall cease to have effect, but, subject to the provisions of the next succeeding paragraph, the central selling schemes shall, for the purpose of winding up the affairs of the bodies administering them, have effect by virtue of this paragraph.
F1097. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
8
In this Part of this Schedule—
a
the expression “central selling scheme” means a selling scheme which, immediately before the passing of this Act, prohibits (subject to exceptions specified in the scheme) the supply of coal by the owner of a mine otherwise than to, or to the order of, the body administering the scheme; and
b
the expression “group selling scheme” means a selling scheme which, immediately before the passing of this Act, prohibits (subject to exceptions specified in the scheme) the sale or supply of coal by a coalowner otherwise than through the agency of the body administering the scheme.
Part IIThe South Yorkshire Mines Drainage Committee
Vesting of Interests and Dissolution of Committee
9
On the primary vesting date—
a
there shall vest in the Board, by virtue of this sub-paragraph and without further assurance, the interests of the South Yorkshire Mines Drainage Committee (in this Part of this Schedule referred to as “the Committee”) in property of whatsoever kind; and
b
the Committee shall be dissolved and the South Yorkshire Mines Drainage Scheme, 1929 (in this Part of this Schedule referred to as “the scheme”) shall cease to have effect.
10
Compensation shall not be made in respect of the transfer to the Board of interests of the Committee.
Rights and Liabilities
11
1
As from the primary vesting date, a contract to which the Committee is a party shall have effect in favour of and against the Board as if the Board had been a party thereto instead of the Committee.
2
Any liability for damages or the payment of compensation which, if the scheme had not ceased to have effect, might have been enforced after the primary vesting date against the Committee in respect of a tort or of an act which, apart from the scheme, would have been tortious, shall be enforceable against the Board as if the tort or act in question had been that of the Board.
Transitional Provisions
12
1
All such proceedings with respect to the assessment of mines for the purposes of the rate required to be levied in respect of the year within which the primary vesting date falls, the service upon the owners of mines of notice of, and the making by them of objections to, such assessments, the consideration of such objections, hearings in connection therewith and arbitrations consequential thereon, as might have been had, taken or continued under the scheme after that date if this Act had not been passed, may be had, taken or continued in all respects as if this Act had not been passed and as if persons who, immediately before that date were owners of mines had continued to be such owners, but with the substitution of the Board for the Committee.
2
All such proceedings for the recovery by the Committee, otherwise than by distress, of a sum due from any person in respect of an amount assessed in respect of a mine for the purposes of a rate required to be levied in respect of the year within which the primary vesting date falls or any preceding year as might have been had, taken or continued under the scheme after that date if this Act had not been passed, may be had, taken or continued in all respects as if this Act had not been passed, but with the substitution of the Board for the Committee.
Part IIIProvisions Supplementary to Parts I and II
13F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
FOURTH SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95
Sch. 4 repealed by Statute Law Revision Act 1950 (c. 6)
Act wholly in force at Royal Assent