Coal Industry Nationalisation Act 1946

1. Introductory Text

2. The National Coal Board.

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

   2. 2. Constitution of the Board.

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

   4. 4. Consumers' councils.

3. Transfer of assets to the Board.

   1. 5. Transfer of assets generally.

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

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

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

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

4. Compensation for transfer of assets.

   1. 10. Compensation for transfer, and basis for assessment thereof.

   2. 11. Allocation of transferred interests to compensation units and to districts, and determination of their status as respects coal industry value.

   3. 12. Central Valuation Board, District Valuation Boards and referees.

   4. 13. Determination of values for compensation purposes.

   5. 14. Regulations as to compensation proceedings.

   6. 15. Payment by the Minister of costs of compensation proceedings.

   7. 16. Time limit for questioning regularity of compensation proceedings affecting coal industry value.

5. Compensation for severance, and refunds of capital outlay.

   1. 17. Compensation for overhead expenses increase caused by severance.

   2. 18. Refund of capital outlay made since 1st August, 1945.

6. Satisfaction and disposal of compensation.

   1. 19. Date when compensation is to be due, and right to interim income to date of satisfaction.

   2. 20. Recipients of compensation.

   3. 21. Mode of satisfaction of compensation.

   4. 22. Interim income pending satisfaction of compensation.

   5. 23. Restrictions on disposal of stock issued for compensation of companies.

   6. 24. Interim protection of persons having assets transferred against enforcement of liabilities.

   7. 25. Adjustments as between classes of debenture and shareholders of companies having assets transferred.

7. Financial provisions.

   1. 26. Advances by the Minister to the Board.

   2. 27. Temporary borrowing powers of the Board.

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

   4. 29. Reserve fund of the Board.

   5. 30. Application of surplus revenues of the Board.

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

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

   8. 33. General provisions as to stock.

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

   10. 35. Account of Minister's receipts.

8. Savings, and provisions consequential on nationalisation.

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

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

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

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

   5. 40. Provisions as to the Miners' Welfare Commission.

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

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

   8. 43. Amendments of working facilities enactments.

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

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

9. Miscellaneous provisions as to the Board.

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

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

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

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

   5. 50. The Board not to be required to insure against workmen's compensation liabilities.

   6. 51. Documents of the Board to be public records.

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

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

   9. 54. Annual report of the Board.

10. General.

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

    2. 56. Restriction on disclosure of information.

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

    4. 58. Penalties for giving false information, etc..

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

    6. 60. Service of notices, etc..

    7. 61. Arbitration under this Act.

    8. 62. Provisions as to regulations.

    9. 63. Interpretation.

    10. 64. Application to Scotland.

    11. 65. Short title, extent and repeal.

11. SCHEDULES.

    1. FIRST SCHEDULE

       Assets to be transferred to the Board.

       1. PART I

          1. Assets to be transferred without option.

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

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

             3. 3. Colliery electricity plants.

             4. 4. Colliery transport loading and storage works.

             5. 5. Colliery merchanting property.

             6. 6. Colliery institutes, etc.

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

             8. 8. Stocks of colliery products.

             9. 9. Certain curtilages and development sites.

       2. PART II

          1. Assets to be transferred at option of the Board or of owners.

             1. 10. Colliery stores.

             2. 11. Waterworks.

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

             4. 13. Housing property.

             5. 14. Farming property.

       3. PART III

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

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

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

             3. 17. Associated merchanting property.

             4. 18. Central rescue stations.

             5. 19. Brickworks.

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

       4. PART IV

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

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

       5. PART V

          1. Provisions supplementary to the preceding provisions of this Schedule.

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

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

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

             4. 25. Definitions.

             5. 26. Application to Scotland.

    2. SECOND SCHEDULE

       Transfer to the Board of Rights and Liabilities under Contracts.

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

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

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

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

       5. 5. In this Schedule the expression " class A subsidiary "...

    3. THIRD SCHEDULE

       Provisions as to Selling Schemes under Part I of the Coal Mines Act, 1930, and as to the South Yorkshire Mines Drainage Committee.

       1. PART I Coal-selling Schemes.

          1. Vesting of Interests and Compensation.

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

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

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

          2. Contracts.

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

          3. Winding up, etc.

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

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

             3. 7. The Minister may by regulations provide— (a) for winding up...

          4. Interpretation.

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

       2. PART II The South Yorkshire Mines Drainage Committee.

          1. Vesting of Interests and Dissolution of Committee.

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

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

          2. Rights and Liabilities.

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

          3. Transitional Provisions.

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

       3. PART III Provisions Supplementary to Parts I and. II.

          1. 13. The power conferred on the Minister by subsection (7) of...

    4. FOURTH SCHEDULE

       Enactments Repealed.