(1) Subject to subsections (2) and (5) and section 32 below, where the Authority is satisfied—
(a) that any person is carrying on any coal-mining operations in contravention of section 25(1) above, or is likely so to carry on any coal-mining operations, or
(b) that any person is contravening, or is likely to contravene, any of the conditions of a licence under this Part,
the Authority may, by a final enforcement order, make such provision in relation to that person as is requisite for the purpose of securing that there is no contravention of section 25(1) above or, as the case may be, that that condition is complied with.
(2) Subject to subsection (5) below, where—
(a) it appears to the Authority as mentioned in subsection (1)(a) or (b) above, and
(b) it appears to the Authority that it is appropriate that a provisional enforcement order be made,
the Authority may (instead of taking steps towards the making of a final enforcement order) by a provisional enforcement order make such provision in relation to the person in question as appears to it requisite for the purpose of securing that there is no contravention of section 25(1) above or, as the case may be, that the condition is complied with.
(3) In determining for the purposes of subsection (2)(b) above whether it is appropriate that a provisional enforcement order be made, the Authority shall have regard, in particular, to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of section 25(1) above or the condition in question, is likely to be done, or omitted to be done, before a final enforcement order may be made.
(4) Subject to subsection (5) and section 32 below, where a provisional enforcement order has been made, the Authority shall consider whether, for the purpose of giving it final effect, it should be confirmed and shall be entitled to confirm it, with or without modifications, if—
(a) it is satisfied that the person to whom the order relates—
(i) is carrying on any coal-mining operations in contravention of section 25(1) above, or is likely so to carry on any coal-mining operations; or
(ii) is contravening, or is likely to contravene, any of the conditions of a licence under this Part;
and
(b) the provision made by the order (with any modifications) is requisite for the purpose of securing that there is no contravention of section 25(1) above or, as the case may be, that that condition is complied with.
(5) The Authority shall not make a final enforcement order or make or confirm a provisional enforcement order in relation to any person if it is satisfied—
(a) that that person has agreed to take, and is taking, all such steps as it appears to the Authority for the time being to be appropriate for him to take for the purpose of securing that there is no contravention of section 25(1) above or that the condition in question is complied with; or
(b) that the contraventions of section 25(1) above or of that condition were, or the apprehended contraventions are, of a trivial nature.
(6) An enforcement order—
(a) shall require the person to whom it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;
(b) shall take effect at such time, being the earliest practicable time, as is determined by or under the order; and
(c) may be revoked at any time by the Authority.
(7) In this Part—
“enforcement order” means a final enforcement order or a provisional enforcement order;
“final enforcement order” means an order under this section other than a provisional enforcement order; and
“provisional enforcement order” means an order under this section which, if not previously confirmed under subsection (4) above, will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order.
(8) This section and sections 32 and 33 below shall be without prejudice to the right of the Authority, where the conditions of any licence under this Part contain provision for a sum determined by or under those conditions to be paid to the Authority, to enforce that condition in proceedings for the recovery of the sum as an amount due to the Authority by virtue of an enactment.
32 Procedural requirements for enforcement orders.
(1) Before making a final enforcement order or confirming a provisional enforcement order, the Authority shall give notice—
(a) stating that the Authority proposes to make or confirm the order and setting out its effect;
(b) setting out—
(i) any condition of a licence for the purpose of securing compliance with which the order is to be made or confirmed;
(ii) the acts or omissions which, in the Authority’s opinion, constitute or would constitute contraventions of section 25(1) above or, as the case may be, that condition; and
(iii) any other matters which, in the Authority’s opinion, justify the making or confirmation of the order;
and
(c) specifying the period (not being less than twenty-eight days from the date of the service of the notice on the person to whom it relates) within which representations or objections with respect to the proposed order or proposed confirmation may be made;
and, before making or confirming the order, the Authority shall consider any representations or objections which are duly made and not withdrawn.
(2) A notice under subsection (1) above shall be given—
(a) by serving it, together with a copy of the proposed order or of the order as proposed to be confirmed, on the person to whom the order relates; and
(b) by taking such steps (if any) for publishing a copy of the notice as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them and of enabling them to make representations and objections within the period specified in the notice.
(3) The Authority, having given notice under subsection (1) above, shall not make the final enforcement order with modifications that are not contained in the notice or confirm the provisional enforcement order with any such modifications, except—
(a) with the consent to the modifications of the person to whom the order relates; or
(b) after complying with the requirements of subsection (4) below.
(4) The requirements mentioned in subsection (3) above are that the Authority shall—
(a) serve on the person to whom the order relates such notice as appears to the Authority requisite of its proposal to make or confirm the order with modifications;
(b) in that notice specify the period (not being less than twenty-eight days from the date of its service on the person to whom the order relates) within which representations or objections with respect to the proposed modifications may be made;
(c) take such steps (if any) for publishing a copy of the notice as it considers appropriate for the purpose of bringing the proposal to the attention of persons likely to be affected by it and of enabling them to make representations and objections within the period specified in the notice; and
(d) consider any representations or objections which are duly made and not withdrawn.
(5) As soon as practicable after making a final enforcement order or making or confirming a provisional enforcement order, the Authority shall—
(a) serve a copy of the order or, as the case may be, of the order as confirmed on the person to whom it relates; and
(b) take such steps (if any) for publishing notice of the order and, where the case so requires, of its confirmation and any modifications subject to which it is confirmed as the Authority considers appropriate for the purpose of bringing the matters contained in the notice to the attention of persons likely to be affected by them.
(6) Before revoking an enforcement order, other than an unconfirmed provisional enforcement order, the Authority shall give notice—
(a) stating that it proposes to revoke the order and setting out the effect of the order; and
(b) specifying the period (not being less than twenty-eight days from the date of the service of the notice on the person to whom the order relates) within which representations or objections with respect to the proposed revocation may be made;
and, before revoking the order, the Authority shall consider any representations or objections which are duly made and not withdrawn.
(7) If, after giving a notice under subsection (6) above, the Authority decides not to revoke the order to which the notice relates, it shall give notice of its decision.
(8) A notice under subsection (6) or (7) above shall be given—
(a) by serving it on the person to whom the order relates; and
(b) by taking such steps (if any) for publishing a copy of the notice as the Authority considers appropriate for the purpose of bringing the matters contained in the notice to the attention of persons likely to be affected by them and, in the case of a notice under subsection (6) above, of enabling them to make representations and objections within the period specified in the notice.
(1) If the person to whom an enforcement order relates is aggrieved by the order and desires to question its validity on the ground—
(a) that its making or confirmation was not within the powers conferred by section 31 above, or
(b) that any of the requirements of section 32 above have not been complied with in relation to it,
he may, within forty-two days from the date of service on him of a copy of the order or, as the case may be, of the order as confirmed, make an application to the court under this section.
(2) On any such application the court may, if satisfied that the making or confirmation of the order was not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with those requirements, quash the order or any provision of the order.
(3) Except as provided by this section, the validity of an enforcement order shall not be questioned by any legal proceedings whatever.
(4) The obligation to comply with an enforcement order shall be a duty owed to any person who may be affected by a contravention of the order.
(5) Where a duty is owed by any person to another person by virtue of subsection (4) above, any breach of the duty which causes that other person to sustain loss or damage shall be actionable against the person in breach at the suit or instance of that other person.
(6) In any proceedings brought against any person in pursuance of subsection (5) above, it shall be a defence for him to show that he took all reasonable steps and exercised all due diligence to avoid the contravention of the order.
(7) Without prejudice to any right which any person may have by virtue of subsection (4) or (5) above to bring civil proceedings in respect of any contravention or apprehended contravention of an enforcement order, compliance with any such order shall be enforceable by civil proceedings by the Authority for an injunction or for interdict or for any other appropriate relief.
(8) In this section and section 34 below “the court” means the High Court in relation to England and Wales and the Court of Session in relation to Scotland.
34 Power to require information for the purposes of enforcement.
(1) Where it appears to the Authority—
(a) that there is or may have been a contravention of section 25(1) above, or
(b) that any person is contravening, or may have contravened, any condition of a licence under this Part,
the Authority may, for any purpose connected with such of its functions under section 31 above as are exercisable in relation to that matter, serve a notice under subsection (2) below on any person.
(2) A notice under this subsection is a notice which—
(a) requires the person on whom it is served to produce, at a time and place specified in the notice, to the Authority or to any person appointed by the Authority for the purpose, any documents which are specified or described in the notice and are in that person’s possession or under his control; or
(b) requires that person, if he is carrying on a business, to furnish the Authority, at a time and place and in the form and manner specified in the notice, with such information as may be specified or described in the notice.
(3) No person shall be required under this section to produce any documents which he could not be compelled to produce in civil proceedings in the court or, in complying with any requirement for the furnishing of information, to disclose any information which he could not be compelled to give in evidence in any such proceedings.
(4) A person who without reasonable excuse fails to do anything required of him by a notice under subsection (2) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
(5) A person who intentionally alters, suppresses or destroys any document which he has been required by any notice under subsection (2) above to produce shall be guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(6) If a person makes default in complying with a notice under subsection (2) above, the court may, on the application of the Authority, make such order as the court thinks fit for requiring the default to be made good; and any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.
(7) No proceedings shall be instituted in England and Wales in respect of an offence under this section except by or on behalf of the Authority or the Director of Public Prosecutions.
(1) Subject to subsections (2) and (3) below, the Authority shall establish and maintain a register in which it shall enter particulars of—
(a) every licence granted under this Part and every pending application for such a licence;
(b) every licence in pursuance of which any person is or has been entitled to carry on coal-mining operations by virtue of section 25(3) above;
(c) every transfer, in accordance with the provisions of a licence under this Part, of the rights and obligations of any person as the holder of that licence;
(d) every revocation of, or of the authorisation contained in, a licence falling within paragraph (a) or (b) above;
(e) every other such modification of a licence falling within paragraph (a) or (b) above as relates to the particulars of that licence which are entered in the register;
(f) such trusts and other arrangements as for the time being have effect for the purposes of any security provided under the conditions included in licences under this Part in pursuance of the Authority’s duty under section 2(1)(c) above; and
(g) every enforcement order made under section 31 above, every confirmation of a provisional enforcement order, the terms on which every confirmed order is confirmed and every revocation of an enforcement order.
(2) The particulars entered in the register in relation to any licence shall be confined to—
(a) the date of the grant of the licence and the time of the coming into force of the authorisation contained in the licence;
(b) the identity of the person to whom the licence is granted and a description of any other persons who are entitled, under the licence, to carry on the coal-mining operations to which it relates;
(c) the area to which the authorisation contained in the licence relates;
(d) any restrictions contained in the licence as to the depth at which the coal-mining operations authorised by the licence may be carried on;
(e) any other provisions of the licence restricting the coal-mining operations that are authorised by the licence to specified descriptions of operations;
(f) any area designated by the licence under section 37 below as the area of responsibility of the holder of the licence;
(g) any provision included in the licence for the purposes of section 58 below and any conditions requiring the disclosure of information which may be of the description specified for those purposes; and
(h) any provisions of the licence for the expiry of the authorisation contained in the licence or for determining when an area ceases to be the area of responsibility of the holder of the licence.
(3) The particulars entered in the register in relation to any pending application for a licence under this Part shall be confined to so much of the application as contains proposals with respect to any of the matters mentioned in subsection (2) above.
(4) The particulars entered in the register in relation to any trust or other arrangements falling within subsection (1)(f) above shall be confined to particulars identifying the form (but not the value or amount) of the security in question, the person who provided the security and the trustees or other person responsible for administering the security or determining the use to which it is put.
(1) A licence under this Part and the obligations arising out of, or incidental to, such a licence shall not be treated as property for any of the purposes of the Insolvency Act 1986 (“the 1986 Act”); but this subsection shall be without prejudice to so much of any licence as, by virtue of section 27(4) or (5) above, authorises the official receiver or any person who is for the time being acting as an insolvency practitioner in relation to the holder of the licence to carry on any of the coal-mining operations to which the licence relates or to transfer the rights and obligations of the holder of the licence to another person.
(2) Where, in the case of the winding up of a company which is or has been a licensed operator, the liquidator or official receiver sends to the registrar of companies—
(a) any such account or return as is mentioned in section 94(3) or 106(3) of the 1986 Act (account of the winding up and return of final meeting or meetings),
(b) any notice for the purposes of section 172(8) of that Act (notice of final meeting and of its decisions),
(c) an application under section 202(2) of that Act (applications for early dissolution),
(d) a copy of such an order for dissolution of the company as is mentioned in section 204(4) of that Act (order for early dissolution in Scotland), or
(e) such a notice as is mentioned in section 205(1)(b) of that Act (notice that winding up complete),
the liquidator or official receiver, on sending it to the registrar of companies, shall also send a copy to the Authority.
(2A) Where the administrator of a company which is or has been a licensed operator files a notice with the registrar of companies under paragraph 84(1) of Schedule B1 to the Insolvency Act 1986 (c. 45) (administration: moving to dissolution), he shall at the same time send a copy to the Authority.
(3) A liquidator or administrator who contravenes subsection (2) or (2A) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(4) In any proceedings against any person for an offence under subsection (3) above it shall be a defence for that person to show that at the time of the contravention he did not know and had no grounds for suspecting that the company in question had ever been a licensed operator.
(5) In the case of any company which is either—
(a) the holder of a licence under this Part, or
(b) a licensed operator by virtue of section 25(3) above,
the Authority shall be included in the persons who are entitled to make an application under section 1029 of the Companies Act 2006 (application to court for restoration to the register) or under section 201(3), 202(5), 204(5) or 205(3) or (5) of the 1986 Act (applications in the case of a winding up for the deferment of a company’s dissolution).
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In this section “registrar of companies” has the same meaning as in the Companies Acts (see section 1060 of the Companies Act 2006); and the reference in subsection (1) above to a person’s acting as an insolvency practitioner shall be construed in accordance with section 388 of the 1986 Act.
(1) A licence under Part II of this Act may designate, in relation to the person who is the holder of the licence, the area which is to be treated for the purposes of this Part as that person’s area of responsibility.
(2) The area designated under this section may comprise—
(a) the whole or any one or more parts of the area where the operations to which the licence relates are to be carried on; or
(b) the whole or any parts of that area together with such other areas appearing to the Authority to be capable of being affected by those operations as may be described in the licence.
(3) Subject to subsection (4) below, an area designated under this section as an area of responsibility shall continue to be treated for the purposes of this Part as the area of responsibility of the holder of the licence in question until such time as may be determined, in accordance with the provisions of the licence, to be the time for responsibilities in respect of the designated area to revert (subject to any further designation of the whole or any part of that area) to the Authority.
(4) The conditions included in a licence under Part II of this Act may provide for the modification from time to time of the area of responsibility of the holder of the licence.
(5) For the purposes of subsection (3) above it shall be immaterial that the authorisation contained in the licence in question is revoked or otherwise ceases to have effect before the time determined for the purposes of that subsection.
(1) Subject to the following provisions of this Part, on and after the restructuring date, any licensed operator shall be entitled, so far as may be reasonably requisite for the carrying on of any coal-mining operations to which section 25 above applies, to withdraw support from any land to which this section applies.
(2) This section applies to any land, not being land comprised in an underground coal mine, if—
(a) a notice under this section relating to that land has been given in accordance with section 39 below and has come into force;
(b) immediately before the restructuring date the Corporation was entitled under and in accordance with section 2 of the 1975 Act (rights to withdraw support) to withdraw support from that land;or
(c) the following conditions are satisfied, that is to say—
(i) the relevant date of publication of a notice under section 2 of the 1975 Act relating to that land is a date not more than three months before the restructuring date;
(ii) the Corporation would (apart from subsection (7) below) have become entitled as mentioned in paragraph (b) above at the end of the period of three months beginning on the relevant date of publication; and
(iii) that period has expired;
and a right under this section shall have effect whether the coal in relation to which the operations concerned are carried on lies under the land to which this section applies or under adjacent land.
(3) A notice under this section shall come into force with whichever is the later of the following, that is to say—
(a) the expiry of the period of three months beginning with the day after the relevant date of publication; and
(b) the time when particulars of the notice are first registered by the Authority in accordance with section 56 below.
(4) In the case of any licensed operator who is entitled by virtue of this section to withdraw support from any land, the rights comprised in his entitlement shall also be exercisable by any person authorised as mentioned in section 27(4) above to act on his behalf in the carrying on of any of the operations which the operator is authorised to carry on.
(5) In this section and section 39 below “relevant date of publication”—
(a) in relation to a notice under section 2 of the 1975 Act, has the same meaning as in that section;and
(b) in relation to a notice under this section, means whichever is the later of—
(i) the date of the publication of the notice in the London or Edinburgh Gazette; and
(ii) the date of the first of the publications for the purposes of section 39(3)(b) below.
(6) In this section “underground coal mine” means any coal mine which is a mine within the meaning of the Mines and Quarries Act 1954.
(7) Subject to the preceding provisions of this section, the rights conferred on the Corporation by section 2 of the 1975 Act shall not be exercisable at any time on or after the restructuring date.
(1) A notice under section 38 above shall not be given except—
(a) by a person who on the relevant date of publication is a licensed operator and, as the holder of a licence under Part II of this Act, has an area of responsibility that consists of or includes all the land to which the notice relates; or
(b) by a person who on that date—
(i) is authorised by such a licence, or by virtue of subsection (3) of section 25 above, to carry on coal-mining operations to which that section applies; and
(ii) has the approval of the Authority for the giving of a notice relating to the land in question.
(2) A notice under section 38 above—
(a) shall indicate the land to which it relates either by reference to a map or in any other manner which, in the circumstances, is sufficient to identify it;
(b) shall identify the person by whom the notice is given and summarise the respects in which the requirements of subsection (1) above are satisfied in relation to that person; and
(c) shall state that there are proposals to carry on coal-mining operations which may require the exercise in relation to that land of such a right as is mentioned in section 38(1) above.
(3) A notice under section 38 above shall be given by being published—
(a) in the London Gazette or the Edinburgh Gazette, according to whether the land to which the notice relates is in England and Wales or in Scotland; and
(b) at least once in each of two successive weeks, in newspapers circulating in the locality where that land is situated.
(4) Not later than the relevant date of publication of a notice under section 38 above, the person giving that notice shall—
(a) serve a copy of the notice on every planning authority within whose area or district any part of the land to which the notice relates is situated; and
(b) post a copy or copies of the notice in some conspicuous place or places on that land.
(5) In subsection (4) above “planning authority” means any local planning authority within the meaning of the Town and Country Planning Act 1990 and any corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021, or any planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973.
(1) Where the Corporation is bound, immediately before the restructuring date, by—
(a) the provisions of an agreement which—
(i) was made between the Corporation or any predecessor of the Corporation and a person who (within the meaning of the Coal Act 1938) was interested in any land, and
(ii) has effect so as to require the Corporation to comply with an undertaking which is contained in the agreement and is an undertaking not to work any coal, not to work minerals or not to withdraw support from any land,
(b) any provisions containing any restriction, terms or conditions applicable to the working of coal by virtue of any agreement entered into after 1st July 1942 and before the restructuring date,or
(c) the provisions of any coal-mining lease (within the meaning of that Act of 1938) prohibiting the withdrawal of support from any land specified in the lease,
section 38 above shall have effect subject to those provisions, but only so far as they have effect in relation to the Corporation or any other person who is for the time being bound by them.
(2) Section 38 above shall not affect any restrictions, terms or conditions applicable to the working of coal by virtue of—
(a) any order made (whether before or after the restructuring date) under section 1 or 7 of the Mines (Working Facilities and Support) Act 1966 (acquisition of rights to work minerals);or
(b) section 33 of the Coal Act 1938 (restriction on working of coal vested in statutory undertakers) or any consent required by virtue of that section;
and section 38 above shall be without prejudice to the effect in relation to any restrictions, terms or conditions falling within paragraph (a) or (b) above of the provisions of any restructuring scheme.
(3) Section 38 above shall have effect subject to any such right as was referred to in section 34(1) of the Coal Act 1938 (statutory and corresponding rights of the Crown, local authorities and statutory undertakers) and is a right to which the activities of the Corporation were subject immediately before the restructuring date.
(4) Nothing in section 38 above shall confer any entitlement to withdraw support in connection with the working of any coal or coal mines comprised in land in the Forest of Dean or any other part of the area of what was the Hundred of Saint Briavels in the county of Gloucester, being land in respect of which the privileges of free miners are exercisable.
(5) References in this section, in relation to an agreement which has effect with respect to the working of any coal, to a predecessor of the Corporation are references to the Coal Commission or the person in whom the fee simple of the coal (or, in Scotland, the interest of proprietor of the dominium utile of the coal) was vested when the agreement was entered into.
(6) The reference in subsection (5) above to a person in whom the interest of proprietor of the dominium utile was vested when the agreement was entered into shall, as regards coal in the undivided ownership of the Crown at that time, be construed as a reference to the Crown.
(7) Nothing in this Act or in any other enactment shall be taken as preventing any person from entering, at any time on or after the restructuring date, into an agreement by virtue of which he accepts a prohibition or restriction on the exercise of his rights under section 38 above.
(1) Where the Authority gives a notice under this section in relation to any land to which section 38 above applies, that section shall cease to apply to that land in relation to any coal-mining operations carried on after the relevant date of publication.
(2) The Authority shall not give a notice under this section unless it appears to the Authority that there is not for the time being any person who is authorised, by a licence under Part II of this Act or by virtue of section 25(3) above, to carry on coal-mining operations which might involve the withdrawal of support from the land in question.
(3) A notice under this section—
(a) shall indicate the land to which it relates either by reference to a map or in any other manner which, in the circumstances, is sufficient to identify it;
(b) shall state that section 38 above is to cease to apply to the land; and
(c) shall be given by being published—
(i) in the London Gazette or the Edinburgh Gazette, according to whether the land to which the notice relates is in England and Wales or in Scotland; and
(ii) at least once in each of two successive weeks, in newspapers circulating in the locality where that land is situated.
(4) Not later than the relevant date of publication of a notice under this section, the Authority shall serve a copy of the notice on every planning authority within whose area or district any part of the land to which the notice relates is situated.
(5) Subsection (1) above shall be subject to the effect of any notice under section 38 above which is given at any time after the relevant date of publication of the notice under this section.
(6) In this section—
“planning authority” means any local planning authority within the meaning of the Town and Country Planning Act 1990 and any corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021, or any planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973; and
“relevant date of publication”, in relation to a notice under this section, means whichever is the later of—
the date of the publication of the notice in the London or Edinburgh Gazette; and
the date of the first of the publications of that notice for the purposes of subsection (3)(c)(ii) above.
(1) Section 1 of the 1991 Act (preliminary) shall have effect so far as it relates to operations carried on at any time on or after the restructuring date with the substitution for subsection (3) (meaning of “lawful coal-mining operations”) of the following subsection, that is to say—
(3) In subsection (1) above “lawful coal-mining operations” means any coal-mining operations to which section 25 of the Coal Industry Act 1994 applies (including operations carried on in contravention of subsection (1) of that section and those that are actionable apart from this Act) which—
(a) are carried on by a person who is for the time being a licensed operator within the meaning of that Act; or
(b) are carried on by a person who has been such a licensed operator and in continuation of operations begun by that person before he ceased to be such an operator;
but for the purposes of this subsection any operations carried on or begun by any person as a person who is for the time being authorised to carry on coal-mining operations on behalf of a person who is or has been a licensed operator shall be treated as carried on or begun by the latter person, whether or not the authorisation extends to the operations in question.
(2) Sections 34 and 35 of the 1991 Act (which make provision with respect to the construction of any building, structure or works on land from which the Corporation is entitled to withdraw support) shall cease to have effect on the restructuring date.
(1) Except where Schedule 6 to this Act otherwise provides, the 1991 Act and the regulations under that Act which are in force immediately before the restructuring date shall have effect on and after that date with the substitution, in relation to any subsidence damage, for references to the Corporation of references to the person who is the responsible person in relation to that damage.
(2) Subject to the following provisions of this section and to section 44 below, the responsible person, in relation to any subsidence damage, shall for the purposes of this Part be—
(a) the person with responsibility for subsidence affecting the land which has been damaged or, as the case may be, the damaged part of it; or
(b) in the case of damage to other property, the person with responsibility for subsidence affecting the land where that property or, as the case may be, the damaged part of it was situated at the time of the damage.
(3) For the purposes of this Part, the person with responsibility for subsidence affecting any land shall be—
(a) where that land is for the time being within the area of responsibility of any person as the holder of a licence under Part II of this Act, that person; and
(b) in any other case, the Authority.
(4) For the purposes of this Part a person is the responsible person in relation to any subsidence damage whether that damage was caused or occurred before or after the time when that person became the person with responsibility for subsidence affecting the land in question.
(5) Accordingly, but subject to section 44 below, where, by virtue of any designation or of any transfer of rights and obligations or of the operation of any such provision as is mentioned in section 37(3) above, any person (“the successor”) becomes the person with responsibility for subsidence affecting any land—
(a) all the rights and liabilities under the 1991 Act, or under any regulations made under that Act or this Part, of the successor’s predecessor as the person with responsibility for subsidence affecting that land (“the predecessor”) shall be transferred, by virtue only of his becoming the person with responsibility, to the successor; and
(b) anything which—
(i) has been done under or for any of the purposes of the 1991 Act or those regulations by or in relation to the predecessor, or
(ii) is deemed to have been so done,
shall be deemed, so far as necessary for that purpose and for the purposes of the continuation by or against the successor of any proceedings under or for the purposes of that Act or those regulations, to have been done by or in relation to the successor.
(6) It shall be the duty of a person who becomes as mentioned in subsection (5) above the person with responsibility for subsidence affecting any land to take all reasonable steps to secure that the change in the person with that responsibility does not result in any undue delay in the performance of any obligations falling by virtue of that change to be performed by that person.
(7) Subsections (5) and (6) above shall have effect in relation to the coming into force of subsection (1) above on the restructuring date as they have effect in relation to any other transfer of rights and obligations but as if the references to the predecessor were references to the Corporation.
(8) Schedule 6 to this Act shall have effect for making provision, in addition to or instead of that made by subsection (1) above, for or in connection with the modification of references to the Corporation in the 1991 Act.
44 Cases where there is more than one responsible person.
(1) Where, in the case of any subsidence damage, the area of responsibility of any person as holder of a licence under Part II of this Act includes only part of the damaged land or, as the case may be, of the land where the damaged property was situated, then for the purposes of this Part—
(a) that person, together with—
(i) every other person within whose area of responsibility any part of that land is situated,and
(ii) if any part of that land is not situated within the area of responsibility of any person, the Authority,
shall be the responsible persons in relation to that damage; and
(b) the obligations and liabilities by virtue of section 43 above of the responsible person shall be obligations and liabilities imposed jointly and severally on the persons mentioned in paragraph (a) above.
(2) Subsection (5) of section 43 above shall have effect as modified by subsection (3) below in any case where—
(a) a person ceases at any time to be the person with responsibility for subsidence affecting any land but continues, after that time, to be the person with responsibility for subsidence affecting other land; and
(b) the effect of subsection (1) above in relation to the circumstances specified in paragraph (a) above is that both the predecessor and the successor are responsible persons in relation to any subsidence damage to which any of the predecessor’s rights or liabilities relate.
(3) In any case where, by virtue of subsection (2) above, this subsection has effect—
(a) the rights and liabilities of the predecessor, so far as they relate to subsidence damage in relation to which the predecessor continues to be a responsible person, shall continue to be vested in the predecessor, as well as being vested in the successor; and
(b) subsection (5) of section 43 above shall not authorise the continuation against the successor of any proceedings under or for the purposes of the 1991 Act which—
(i) have been begun, or are deemed to have been begun, against the predecessor; and
(ii) may be continued against the predecessor by virtue of paragraph (a) above;
but paragraph (b) above shall be without prejudice to any rules of court in accordance with which the successor may be joined as a party to any proceedings in respect of any such rights or liabilities as are mentioned in paragraph (a) above.
(4) In subsection (1) above the reference to the damaged land and to the damaged property are references, where only part of the land or property has been damaged, to the damaged part of that land or property.
45 Information to be provided by responsible persons.
(1) The Secretary of State may by regulations make provision imposing requirements on a person with responsibility for subsidence affecting any land—
(a) to furnish information, on request, to the owner or occupier of any part of that land;
(b) to furnish information to the Authority about any such request for information relating to, or to the possibility of, subsidence damage as is made otherwise than by the owner or occupier of any part of that land;
(c) to notify a person who has made a request to which regulations made by virtue of paragraph (b) above apply of its being forwarded to the Authority in pursuance of those regulations; and
(d) to ensure that such forms and documents as may be described in the regulations accompany information furnished under the regulations.
(2) Regulations under this section may contain such provision as the Secretary of State thinks fit with respect to—
(a) the descriptions of information to which any request made for the purposes of any such regulations is to be confined; and
(b) the particulars to be included in, or omitted from, information furnished in accordance with any such regulations.
(3) In this section the reference to an owner, in relation to any land, shall be construed in accordance with section 52(1) of the 1991 Act (interpretation); and section 50 of the 1991 Act (regulations and orders) shall apply in relation to the power to make regulations under this section as it applies in relation to any power of the Secretary of State to make regulations under that Act.
(4) In subsection (5)(c) of section 46 of the 1991 Act and subsection (4)(c) of section 47 of that Act (regulations with respect to information which is to accompany notices), for “which is”, in each case, there shall be substituted “ , forms and documents which are ”.
(1) The Secretary of State may by regulations make such provision as he considers necessary or expedient—
(a) for the appointment of an independent person (“the subsidence adviser”) to carry out, in prescribed cases, the functions specified in subsection (2) below; and
(b) for regulating and facilitating the carrying out of those functions by the subsidence adviser.
(2) The functions referred to in subsection (1) above are—
(a) the provision of advice and assistance to persons (other than those with responsibility for subsidence affecting land) in connection with the making of complaints, or the taking of any other steps, in relation to any matter arising under the 1991 Act or any question falling within section 47(1) below;
(b) the making to persons with responsibility for subsidence affecting land of recommendations as to the manner in which they conduct themselves where such a matter has arisen or any such question falls to be determined;
(c) the making of reports dealing generally with the way in which persons with responsibility for subsidence affecting land conduct themselves where such matters arise or such questions fall to be determined; and
(d) the making of reports about the carrying out by the subsidence adviser of his functions, whether in particular cases or generally.
(3) Without prejudice to the generality of subsection (1) above, regulations under this section may contain provision which, in prescribed cases, requires—
(a) the publication by the subsidence adviser of his recommendations and reports; and
(b) the giving, to persons concerned with any matter being handled by the subsidence adviser, of opportunities for making representations and objections.
(4) It shall be the duty of the Authority to furnish the subsidence adviser with all such information and assistance as he may reasonably require in respect of any case in which the Authority is the person with responsibility for subsidence affecting the land in question.
(5) The Secretary of State may by regulations make provision for—
(a) expenses incurred by the subsidence adviser in the carrying out of his functions, and
(b) the expense of making payments to or in respect of him by way of remuneration or otherwise,
to be met, in whole or in part, by some or all of the persons with responsibility for subsidence affecting land or in such other manner as may be prescribed.
(6) The provision that may be contained in regulations under this section shall include—
(a) provision for any matter to which the regulations relate to be determined by the Authority in such manner, and by reference to such factors, as may be described in the regulations; and
(b) provision, where any expenses are to be met by the Authority in accordance with the regulations, for amounts in respect of those expenses to be recoverable by the Authority from other persons with responsibility for subsidence affecting land.
(7) In this section “prescribed” means prescribed by regulations under this section; and section 50 of the 1991 Act (regulations and orders) shall apply in relation to the powers to make regulations under this section as it applies in relation to any power of the Secretary of State to make regulations under that Act.
(8) The supplementary, incidental and transitional provision that may be contained, by virtue of subsection (7) above, in regulations under this section may include transitional provision in relation to matters arising under the 1991 Act at times before the restructuring date.
(1) The questions that may be referred to the appropriate tribunal under section 40 of the 1991 Act (disputes generally) shall include—
(a) any question as to who is the person with responsibility for subsidence affecting particular land;
(b) the question whether there has been a contravention of any subsidence requirement; and
(c) the question how any such contravention is to be remedied.
(2) The Secretary of State may by regulations make such provision as he considers appropriate—
(a) for establishing procedures that facilitate the making, by agreement or in accordance with regulations made by virtue of paragraph (b) below, of references to such arbitration as may be prescribed of questions arising under the 1991 Act or falling within subsection (1) above;
(b) for enabling any such question to be referred to and determined by arbitration in a case where (but for the regulations) it would fall to be referred to the appropriate tribunal on account of a failure by the person whose interest in it derives from the fact or assertion that he is a person with responsibility for subsidence affecting land to agree to the arbitration or to any other method of determining the question; and
(c) for regulating the conduct of arbitrations to which questions are referred in accordance with regulations under this subsection.
(3) Subsections (2) and (3) of section 40 of the 1991 Act (burden of proof and incidental powers) shall apply for the determination of a question falling within subsection (1) above as they apply for the determination of questions arising under the 1991 Act.
(4) Subject to subsection (5) below, where a question falling within subsection (1) above is referred to the appropriate tribunal or in accordance with any regulations under subsection (2) above to arbitration, the powers of that tribunal or of the arbitrator or arbiter shall include (in addition to any powers conferred by virtue of subsection (3) above)—
(a) power to have such regard as may appear appropriate to any recommendations or report made by virtue of any regulations under section 46 above;
(b) power by order to require a person with responsibility for subsidence affecting land to take such steps for remedying any contravention of a subsidence requirement as that Tribunal, arbitrator or arbiter may direct; and
(c) power to award compensation of an amount not exceeding £5,000 in respect of any such inconvenience caused to a person by a contravention of a subsidence requirement as does not fall to be compensated for apart from this paragraph.
(5) In the application of subsection (4)(b) above to an arbitration in so far as relating to subsidence affecting land in Scotland, the words “by order” shall be disregarded and the reference to requiring the person to take remedial steps shall not be construed as prejudicing any other provision of Scots law as respects enforcement of a decree arbitral.
(6) The Secretary of State may by order substitute a higher amount for the amount for the time being specified in subsection (4)(c) above.
(7) The Secretary of State may by regulations make provision—
(a) for the expenses of maintaining procedures for the purposes of any regulations under subsection (2) above to be met, in whole or in part, by some or all of the persons with responsibility for subsidence affecting land or in such other manner as may be prescribed; and
(b) for one or more of the parties to a reference in accordance with any such regulations to be required to pay, or to make a contribution towards, the costs and other expenses incurred in relation to that reference by any person.
(8) The provision that may be contained in regulations under this section shall include—
(a) provision for any matter to which the regulations relate to be determined by the Authority in such manner, and by reference to such factors, as may be described in the regulations; and
(b) provision, where any expenses are to be met by the Authority in accordance with the regulations, for amounts in respect of those expenses to be recoverable by the Authority from other persons with responsibility for subsidence affecting land.
(9) References in this section to a contravention of a subsidence requirement are references to any contravention by a person with responsibility for subsidence affecting any land of any of the following requirements, that is to say—
(a) the requirements imposed on such a person by or under the 1991 Act or by any regulations under section 45 above;
(b) the requirement imposed by section 43(6) above;
(c) the requirement under paragraph 1 of Schedule 6 to this Act to forward a damage notice to the Authority as soon as reasonably practicable after receiving it; and
(d) the requirement to comply with an order made by virtue of subsection (4)(b) above (or, as respects the application of that subsection mentioned in subsection (5) above, a decree granted by virtue of subsection (4)(b)) or section 40(3)(a) of the 1991 Act (orders of the appropriate tribunal).
(10) In this section—
...
“the appropriate tribunal” means—
in relation to England and Wales, the Upper Tribunal;
in relation to Scotland, the Lands Tribunal for Scotland; and
“prescribed” means prescribed by regulations under this section;
and section 50 of the 1991 Act (regulations and orders) shall apply in relation to the powers to make regulations under this section, and the power to make orders under subsection (6) above, as it applies in relation to any power of the Secretary of State to make regulations or orders under that Act.
(11) The transitional provision that may be included, by virtue of subsection (10) above, in regulations under this section may include provision in relation to questions arising in relation to times before the restructuring date.
48 Offences with respect to subsidence information.
(1) A person shall be guilty of an offence under this section if he engages in any conduct falling within subsection (2) below for the purpose of—
(a) obtaining for himself or any other person any benefit under the 1991 Act; or
(b) facilitating the temporary or permanent avoidance, by himself or any other person, of the whole or any part of—
(i) any obligation under that Act;
(ii) any other requirement mentioned in section 47(9)(a) to (c) above; or
(iii) any liability for contravention of any such obligation or requirement.
(2) A person engages in conduct falling within this subsection if he—
(a) furnishes any other person whatever with any information which he knows to be false in a material particular;
(b) recklessly furnishes any other person whatever with any information which is false in a material particular; or
(c) with intent to deceive, withholds any information from any person whatever.
(3) A person who is or has been a licensed operator shall be guilty of an offence under this section if he—
(a) furnishes the Authority with any subsidence information which he knows to be false in a material particular;
(b) recklessly furnishes the Authority with any subsidence information which is false in a material particular; or
(c) with intent to deceive, withholds any subsidence information from the Authority.
(4) In subsection (3) above “subsidence information”, in relation to a person who is or has been a licensed operator, means information relating to the extent of the existing or potential liabilities of that person in respect of subsidence damage.
(5) Any person who fails to give, in accordance with section 46 or 47 of the 1991 Act (notice to property owners etc. and local authorities), any notice that he is required to give under that section shall be guilty of an offence under this section.
(6) In any proceedings against a person for an offence by virtue of subsection (5) above it shall be a defence for that person to show that he took such steps as were reasonable to avoid the commission of the offence.
(7) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(1) Where—
(a) any coal or coal mine is comprised in or lies under land which was formerly copyhold, and
(b) a notice (“a relevant notice”) specifying the area in which that land is comprised—
(i) has been given in accordance with section 50 below and has come into force, or
(ii) has been published, before the restructuring date, in accordance with section 3 of the 1975 Act (which contains provision equivalent to the provision contained in this section),
the relevant person shall have the like right in relation to that coal or coal mine to carry on coal-mining operations to which section 25 above applies as if all retained interests in that coal or mine subsisting on 31st August 1975 were vested in him, notwithstanding that they are, by virtue of any enactment, in fact vested in another person.
(2) For the purposes of this section the relevant person, in relation to any relevant notice, is—
(a) in the case of a notice given in accordance with section 50 below, the person who gave the notice; and
(b) in the case of a notice published in accordance with section 3 of the 1975 Act, the Corporation.
(3) In so far as—
(a) a person other than the relevant person is for the time being a licensed operator in relation to the coal or mine which is comprised in, or lies under, the land comprised in the area specified in a relevant notice, and
(b) compensation under Part I of Schedule 7 to this Act or, in relation to times before the restructuring date, under section 3(4) of the 1975 Act either—
(i) has become due in respect of any retained interest affected by that notice and has been paid in full, or
(ii) would have become due in respect of such an interest but for an agreement under paragraph 8 of Schedule 7 to this Act or paragraph 8 of Schedule 2 to the 1975 Act,
the person mentioned in paragraph (a) above shall be entitled (instead of the relevant person) to exercise the relevant person’s rights by virtue of subsection (1) above.
(4) In the case of any licensed operator who is entitled by virtue of this section to carry on any coal-mining operations in relation to any coal or coal mine, the rights comprised in his entitlement shall also be exercisable by any person authorised as mentioned in section 27(4) above to act on his behalf in the carrying on of any of the operations which the operator is authorised to carry on.
(5) Nothing in this section shall confer any such right as is mentioned in section 9(1)(b) above or be taken to authorise a contravention of section 25(1) above or of any of the conditions of a licence under Part II of this Act; and the rights that are conferred on the Corporation by this section shall have effect subject to any transfer of those rights, in accordance with any restructuring scheme, to any other person.
(6) A notice given for the purposes of this section at any time on or after the restructuring date shall come into force when particulars of it are first registered by the Authority in accordance with section 56 below.
(7) Schedule 7 to this Act shall have effect with respect to compensation and certain other matters in cases in which a relevant notice is given or has been published.
(8) In this section and section 50 below and in Schedule 7 to this Act “retained interest” means any retained interest within the meaning of the Coal Act 1938.
(9) Subject to the preceding provisions of this section, the rights conferred on the Corporation by section 3 of the 1975 Act shall not be exercisable at any time on or after the restructuring date.
(1) This section applies with respect to the giving of a notice for the purposes of section 49 above at any time on or after the restructuring date.
(2) The only person who may give the notice is a person who is authorised by a licence under Part II of this Act or by virtue of section 25(3) above to carry on coal-mining operations in the area specified in the notice.
(3) The notice—
(a) shall indicate the land to which it relates either by reference to a map or in any other manner which, in the circumstances, is sufficient to identify it;
(b) shall identify the person by whom the notice is given and summarise the respects in which the requirements of subsection (2) above are satisfied in relation to that person;
(c) shall state that there are proposals to carry on coal-mining operations in relation to any coal or coal mine which may require the exercise in relation to that land of such a right as is mentioned in section 49(1) above; and
(d) shall invite the owners of retained interests in any coal or coal mine comprised in or lying under the land in the area to which the notice relates to give notice of their interests, within the period which begins with the date of the first publication of the notice in accordance with subsection (4) below and ends six years after the coming into force of the notice in accordance with section 49(6) above, to the person who gave the notice.
(4) The notice shall be given by being published—
(a) in the London Gazette; and
(b) at least once in each of two successive weeks, in newspapers circulating in the locality where the land to which the notice relates is situated.
51 Additional rights in relation to underground land.
(1) Subject to the following provisions of this section—
(a) a licensed operator, or
(b) any person authorised as mentioned in section 27(4) above to act on his behalf in the carrying on of any of the operations which the operator is authorised to carry on,
shall be entitled, at any time on or after the restructuring date, to exercise the right conferred by this section in relation to any underground land in the area in which the operator in question is authorised to carry on coal-mining operations.
(2) Subject to the following provisions of this section and to section 5(6) above, the Authority and the persons authorised by the Authority to exercise its right under this section shall also be entitled, at any time on or after the restructuring date, to exercise the right conferred by this section in relation to any underground land in relation to which there is not for the time being any person who, as a licensed operator, is authorised to carry on any coal-mining operations to which section 25 above applies.
(3) The right conferred by this section in relation to any underground land is a right, for any of the purposes mentioned in subsection (4) below, to do any of the following, that is to say—
(a) to enter upon, remove, execute works in, pass through or occupy that land; or
(b) to do any acts requisite or convenient for the carrying on of any coal-mining operations.
(4) The purposes mentioned in subsection (3) above are—
(a) in relation to a licensed operator or a person authorised to act on his behalf, the carrying on of any coal-mining operations; and
(b) in relation to the Authority, any purposes connected with the carrying out of its functions under this Act.
(5) Nothing in this section shall authorise—
(a) any interference with the carrying on of any underground operations carried on otherwise than for purposes connected with any coal-mining operations;
(b) the withdrawal of support from any land or any interference with the surface of any land;
(c) the doing of any act which, apart from this section, would be actionable in England and Wales by virtue of—
(i) any liberty, privilege, easement, advantage or other right annexed to any other land,
(ii) any restrictive covenant, or
(iii) any statutory prohibition or restriction,
which adversely affects the land in question;
(d) the doing of any act which, apart from this section, would be actionable in Scotland by virtue of—
(i) any real burden (including a real burdenad factum praestandum), or
(ii) any statutory prohibition or restriction,
which adversely affects the land in question; or
(e) the doing of any act which, apart from this section, would be actionable as a trespass or nuisance and, if done, would be likely to cause actual damage of more than a purely nominal amount.
(6) For the purposes of subsection (5) above the reference to a liberty, privilege, easement, advantage or other right being annexed to any land is a reference to its appertaining to that land or any part of it, to its being demised, occupied or enjoyed with that land or any part of it or to its being reputed or known as part or parcel of the land or as appurtenant to the land or to any part of it.
(7) Nothing in this section shall confer any such right as is mentioned in section 9(1)(b) above or be taken to authorise a contravention of section 25(1) above or of any of the conditions of a licence under Part II of this Act.
(8) The rights conferred on the Corporation by virtue of section 15 of the Coal Act 1938, section 8(1) of the 1946 Act and section 25 of the Control of Pollution Act 1974 (which made provision similar to that made by this section and extended such provision to waste disposal), or by virtue of any of those provisions, shall not be exercisable at any time on or after the restructuring date.
(1) The following powers under the Opencast Coal Act 1958 (“the 1958 Act”) shall not be exercisable at any time after 31st December 1999, that is to say—
(a) the power to make a compulsory rights order;
(b) the power under section 15 of that Act to make an order suspending a right of way; and
(c) the power to make an order under section 16 of that Act (orders conferring rights for the purposes of drainage or water supply);
and the Secretary of State shall not, at any time after that date, give a direction designating any land for the purposes of section 39(2) of that Act (rights of entry) except on an application made to him before that date by the Authority.
(2) Subject to subsection (1) above and to any transfers in accordance with a restructuring scheme of any rights or liabilities under the 1958 Act, that Act shall have effect on and after the restructuring date with the amendments specified in Schedule 8 to this Act (which, as well as making other minor amendments of that Act, makes the modifications, in relation to the period before 31st December 1999, which are requisite for enabling orders under that Act to be made in favour of persons other than the Corporation).
(3) Subsection (1) above shall be without prejudice to the effect after 31st December 1999 of anything done under the 1958 Act on or before that date or generally to the operation of that Act in relation to anything so done.
53 Environmental duties in connection with planning.
(1) This section applies in the case of proposals (“coal-mining proposals”) formulated for inclusion in so much of any application for planning permission or infrastructure consent as relates to any of the following, that is to say—
(a) the carrying on of any coal-mining operations;
(b) the restoration of land used in connection with the carrying on of any coal-mining operations; and
(c) the carrying on of any other operations incidental to any coal-mining operations or to the restoration of land which has been so used.
(2) Where a planning authority consider any coal-mining proposals included in such an application for planning permission, or where an examining authority or the Welsh Ministers consider any coal-mining proposals included in such an application for infrastructure consent, they shall have regard—
(a) to the desirability of the preservation of natural beauty, of the conservation of flora and fauna and geological or physiographical features of special interest and of the protection of sites, buildings, structures and objects of architectural, historic or archaeological interest; and
(b) to the extent (if any) to which the person by whom the proposals were formulated has complied with subsection (3) below.
(3) A person who formulates coal-mining proposals shall be required for the purposes of paragraph (b) of subsection (2) above—
(a) to have regard, in formulating those proposals, to the desirability of the matters mentioned in paragraph (a) of that subsection; and
(b) to formulate proposals (as part of or in addition to the coal-mining proposals) for the adoption of such measures (if any) as it is reasonably practicable for that person to adopt for mitigating any adverse effect of the development to which the coal-mining proposals relate on the natural beauty of any area or on any such flora, fauna, features, sites, buildings, structures or objects as are so mentioned.
(4) In this section—
“development” and “planning permission”—
in relation to England and Wales, have the same meanings as in the Town and Country Planning Act 1990 , but “development” has the meaning given by section 133 of the Infrastructure (Wales) Act 2024 so far as it relates to coal-mining proposals included in an application for infrastructure consent; and
in relation to Scotland, have the same meanings as in the Town and Country Planning (Scotland) Act 1972; and
“examining authority” has the meaning given by section 40(7) of the Infrastructure (Wales) Act 2024;
“infrastructure consent has the meaning given by section 143 of the Infrastructure (Wales) Act 2024;
“planning authority” means—
any local planning authority within the meaning of the Town and Country Planning Act 1990 or any planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973; or
the Secretary of State in the exercise and performance of such of his powers and duties under those Acts as relate to the grant of planning permission.
(5) Section 3 of the Opencast Coal Act 1958 (protection of amenity) shall cease to have effect.
54 Obligations to restore land affected by coal-mining operations.
(1) Subject to subsection (5) below, the power of the Secretary of State by a development order to make the planning permission granted by any such order subject to conditions shall include power, in relation to any permission to win or work any minerals in a coal mine started before 1st July 1948, to make it a condition of that permission that there is compliance with such requirements falling within subsection (2) below as may be specified or described in the order.
(2) The requirements which, in relation to any coal mine, fall within this section are such requirements as the Secretary of State thinks fit in relation to—
(a) the demolition or removal of any buildings, plant, machinery, structures or erections used at any time for or in connection with any previous coal-mining operations at that mine; and
(b) the re-instatement, restoration and aftercare of any land used at any time for or in connection with any previous coal-mining operations at that mine.
(3) In subsection (2) above “previous coal-mining operations”, in relation to the requirements imposed by any condition, means—
(a) any coal-mining operations carried on by any person before 1st July 1948; or
(b) any coal-mining operations which—
(i) were carried on by any person at any time on or after that date but before the coming into force of that condition; and
(ii) were operations constituting development for which planning permission was granted by a development order or any corresponding order made, or having effect as if made, under any enactment then in force;
and references in this section to the use of anything in connection with any such operations shall include references to its use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations.
(4) A condition contained in a development order by virtue of this section may provide—
(a) for the requirements imposed by that condition to include a requirement framed by reference to the opinion or approval of the relevant planning authority; and
(b) for that condition to be capable of being modified by agreement with the relevant planning authority.
(5) The Secretary of State’s powers under this section to modify a development order shall not be exercised at any time after the end of the period of six months beginning with the restructuring date, except for purposes which do not, in relation to any coal mine, include any of the following, that is to say—
(a) imposing a requirement which had not previously been imposed in relation to that coal mine;
(b) making a requirement which had been imposed in relation to that coal mine more onerous; and
(c) making provision by reference to any person’s opinion or approval so as to confer powers that did not exist before and might be exercised for a purpose falling within paragraph (a) or (b) above;
but nothing in this subsection shall be taken as affecting the continuing effect after the end of that period of any modification made after the passing of this Act and before the end of that period.
(6) Expressions used in this section and in the Town and Country Planning Act 1990 or the Town and Country Planning (Scotland) Act 1997 shall—
(a) in the application of this section to England and Wales, have the same meanings in this section as in that Act of 1990; and
(b) in the application of this section to Scotland, have the same meanings in this section as in that Act of 1997.
(7) In this section “relevant planning authority”—
(a) in relation to England and Wales, means the mineral planning authority within the meaning of the Town and Country Planning Act 1990; and
(b) in relation to Scotland, means the planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973.
55 Health and safety regulations as to rescue service.
(1) The power to make health and safety regulations shall include power, in relation to any requirement of any such regulations that a person carrying on coal-mining operations is to be a participant in a mine rescue scheme approved by the Secretary of State, to provide—
(a) for approval to be given to or withdrawn from any scheme only after such consultation as may be specified or described in the regulations; and
(b) for the approved schemes to be confined to those which appear to the Secretary of State to be such as secure that it is reasonably practicable for every licensed operator who is required to do so to participate, on reasonable terms, in an approved scheme.
(2) In subsection (1) above the references to a mine rescue scheme are references to any scheme or other arrangements the participants in which are entitled, in an emergency, to the services of persons with the expertise and equipment required for rescuing individuals from underground.
(3) In subsection (1) above “health and safety regulations” means regulations under section 15 of the Health and Safety at Work etc. Act 1974; and the preceding provisions of this section shall be without prejudice to the generality of any provisions of that Act as to the matters that may be included in any such regulations.
(1) The Authority shall establish and maintain a register in which it shall enter particulars of—
(a) every notice under section 38 above a copy of which is sent to the Authority by the person giving it;
(b) every notice published under section 2 of the 1975 Act (notices conferring right for Corporation to withdraw support) a copy of which has been supplied to the Authority by the Corporation;
(c) every public notice under paragraph 6(2) of Schedule 2 to the Coal Act 1938 (withdrawal of support) a copy of which has been supplied to the Authority by the Corporation;
(d) every notice given by the Authority under section 41 above;
(e) every notice given for the purposes of section 49 above a copy of which is sent to the Authority by the person giving it;
(f) every notice published under section 3 of the 1975 Act (notices conferring right for the Corporation to work coal in copyhold land) a copy of which has been supplied to the Authority by the Corporation;
(g) every notice sent to the Authority under paragraph 9 of Schedule 7 to this Act and so much of any information known to the Authority as—
(i) relates to any compensation paid under section 3(4) of the 1975 Act or to any agreement for the purposes of paragraph 8 of Schedule 2 to the 1975 Act, and
(ii) is information which, in the case of any compensation or agreement under or for the purposes of Part I of Schedule 7 to this Act, would fall to be included in such a notice;
(h) the following, that is to say—
(i) every compulsory rights order under the Opencast Coal Act 1958,
(ii) every order under section 15 or 16 of that Act (rights of way, drainage and water supply), and
(iii) every designation under section 39 of that Act,
in so far as it is an order or designation made by the Authority or an order or designation of which a copy has been supplied to the Authority by the Corporation;
(i) every confirmation of an order mentioned in paragraph (h)(i) or (ii) above and every notice or other document for the purposes of that Act of 1958 which is, or a copy of which is, sent to the Authority under that Act or a copy of which has been supplied to the Authority by the Corporation; and
(j) every agreement entered into with a local planning authority (within the meaning of that Act of 1958) for the purposes of section 15(5) of that Act (agreements as to the restoration of a right of way).
(2) Where a copy of any notice under section 38 above is sent to the Authority more than fourteen days before the end of the period of three months mentioned in subsection (3)(a) of that section, the duty of the Authority, subject to subsection (3) below, to enter particulars of that notice in the register maintained under this section shall be discharged before the end of that period of three months.
(3) The Authority shall not enter in the register maintained under this section any particulars of—
(a) any notice under section 38 above, or
(b) any notice given for the purposes of section 49 above on or after the restructuring date,
unless it is satisfied that the notice has been properly given in accordance with the requirements of this Act and, in the case of a notice under section 38 above, that the requirements of section 39(4) above have been complied with in relation to that notice.
(4) It shall be the duty of the Authority to preserve a copy of every document particulars of which are, by virtue of subsection (1) above, for the time being entered in the register maintained under this section.
(5) If any person furnishes the Authority with any information for the purposes of this section which he knows to be false in a material particular or recklessly furnishes the Authority with any information for those purposes which is false in a material particular, he shall be guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(6) References in this section to the supply to the Authority by the Corporation of a copy of any document include references to the transfer in accordance with a restructuring scheme of possession of the document itself or of any copy of that document.
57 Public access to information held by the Authority.
(1) This section applies to the information contained in any register maintained by the Authority under section 35 or 56 above and to any of the following information which is for the time being in the possession of the Authority, that is to say—
(a) information about the geological or physiographical features or characteristics of any land in which any unworked coal or any coal mine is situated or of any other land;
(b) information about the identity of the persons in whom interests and rights in or in relation to any unworked coal or any coal mine have been vested;
(c) the contents of the plans of any coal mines or coal workings;
(d) any other information about proposals for the carrying on by any person of any coal-mining operations;
(e) information about any subsidence or subsidence damage or about claims made under the 1991 Act; and
(f) information about such other matters as the Secretary of State may by regulations prescribe for the purposes of this section.
(2) Subject to subsections (3) and (4) below, it shall be the duty of the Authority to establish and maintain arrangements under which every person is entitled, in such cases, on payment to the Authority of such fee and subject to such other conditions as the Authority may consider appropriate—
(a) to be furnished with any information to which this section applies;
(b) to have the contents of so much of the records maintained by the Authority as contains any information to which this section applies made available to him, at such office of the Authority as it may determine, for inspection at such times as may be reasonable; and
(c) to make or be supplied with copies of, or of extracts from, so much of the records maintained by the Authority as contains any information to which this section applies.
(3) Subject to subsection (5) below, nothing in this section shall require or authorise the disclosure by the Authority of any information which—
(a) relates to the affairs of an individual or specifically to the affairs of any body of persons (whether corporate or unincorporate), including the Authority itself, and
(b) is not contained in a register maintained under section 35 or 56 above,
if the disclosure of that information would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or, as the case may be, of that body.
(4) Subject to subsection (5) below, nothing in this section shall require or authorise the disclosure by the Authority, without the consent of the person to whom the Authority owes the obligation of confidence, of any information which—
(a) has been furnished to the Authority—
(i) in pursuance of the provisions of a licence under Part II of this Act;
(ii) in pursuance of any provisions of an agreement entered into in connection with, or with any proposals for, the carrying on of any activities in the course of any exploration for coal or of any activities for which a licence under section 3 of the Petroleum Act 1998 is required; or
(iii) for the purposes of any application to the Authority for the grant of a licence under Part II of this Act, for the making of such an agreement or for the transfer or creation of any interests or rights in or in relation to any land;
and
(b) under the provisions of the licence under Part II of this Act, of that agreement or of any undertaking given by the Authority to the applicant for the purposes of that application, is to be treated as subject to an obligation of confidence owed by the Authority to any other person.
(5) The information that is to be excluded by virtue of subsections (3) and (4) above from the information which is to be made available to any person in pursuance of arrangements under this section shall not include any information of a description that appears to the Authority to comprise information relating to matters which are or may be relevant to the safety of members of the public or of any particular individual or individuals other than the person whose consent is required for its disclosure.
(6) For the purposes of this section it shall be the duty of the Authority to maintain such records as it considers appropriate of any information which comes into its possession and is information to which this section applies.
(7) The power to make regulations for the purposes of this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(8) In this section “records” includes registers, maps, plans and accounts, as well as computer records and other records kept otherwise than in documentary form.
58 Liability for inaccurate information furnished to the Authority.
(1) This section applies where the conditions of a licence under Part II of this Act contain provision stating—
(a) that information of a specified description which is furnished to the Authority in pursuance of the conditions of the licence may be disclosed by the Authority for specified purposes in pursuance of arrangements under section 57 above; and
(b) that any information of that description that is disclosed by the Authority for any of those purposes is to be treated, for the purposes of this section, as information whose accuracy the operator has undertaken to secure.
(2) The licensed operator shall owe a duty to the Authority and to every person likely to be affected by any inaccuracy in information disclosed by the Authority for any of the specified purposes to exercise all due diligence to secure—
(a) that the Authority is furnished, in accordance with the conditions of the licence, with all the information of the specified descriptions which the operator is required by those conditions to furnish to the Authority; and
(b) that the information of those descriptions which is furnished by the operator to the Authority is accurate in every material particular.
(3) Where a duty is owed by any person to another person by virtue of subsection (2) above, any breach of that duty which causes that other person to sustain loss or damage shall be actionable against the person in breach at the suit or instance of the other person.
(4) A person shall not be liable for any breach of a duty mentioned in subsection (2) above except—
(a) in respect of a disclosure of information made by the Authority for a specified purpose; and
(b) to the Authority or the person to whom the disclosure was made.
(5) This section shall be without prejudice to the liability of any person for breach of the duty to comply with an enforcement order (within the meaning of Part II of this Act).
59 Information to be kept confidential by the Authority.
(1) Subject to the following provisions of this section, it shall be the duty of the Authority to establish and maintain such arrangements as it considers best calculated to secure that information which—
(a) is in the Authority’s possession in consequence of either the carrying out of any of its functions or the transfer to the Authority, in accordance with a restructuring scheme, of any records, and
(b) relates to the affairs of any individual or to any particular business,
is not, during the lifetime of that individual or so long as that business continues to be carried on, disclosed to any person without the consent of that individual or, as the case may be, of the person for the time being carrying on that business.
(2) Nothing in subsection (1) above shall authorise or require the making of arrangements which prevent the disclosure of information—
(a) for the purpose of facilitating the carrying out by the Secretary of State, the Treasury or the Authority of any of his, their or, as the case may be, its functions under this Act;
(b) in pursuance of arrangements made under section 57 above;
(c) for the purpose of facilitating the carrying out by any relevant authority of any of the functions in relation to which it is such an authority;
(d) in connection with the investigation of any criminal offence or for the purposes of criminal proceedings;
(e) for the purposes of any civil proceedings brought under this Act or any relevant enactment, of any proceedings before the Upper Tribunal or the Lands Tribunal for Scotland under the 1991 Act or of any arbitration for which provision is made by regulations under section 47(2) above;or
(f) in pursuance of any Community obligation.
(3) For the purposes of this section—
(a) every Minister of the Crown and local weights and measures authority in Great Britain is a relevant authority in relation to his or, as the case may be, their functions under any relevant enactment;
(b) the Secretary of State, the Treasury , the Financial Conduct Authority and the Prudential Regulation Authority are relevant authorities in relation to their functions under the Financial Services and Markets Act 2000 , the Consumer Credit Act 1974 and the enactments relating to companies and insolvency;
(c) an inspector appointed under the enactments relating to companies, an official receiver and any recognised professional body for the purposes of section 391 of the Insolvency Act 1986 are relevant authorities in relation to their functions as such;
(d) every enforcing authority, within the meaning of Part I of the Health and Safety at Work etc. Act 1974, is a relevant authority in relation to its functions under any relevant statutory provision, within the meaning of that Act;
(dd) the Civil Aviation Authority is a relevant authority in relation to its functions under Part I of the Transport Act 2000; and
(e) the following are relevant authorities in relation to all of their functions, that is to say—
(i) the Comptroller and Auditor General;
(ii) the Health and Safety Executive ...;
(iia) the Office for Nuclear Regulation;
(iii) the National Rivers Authority;
(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v) the Competition and Markets Authority and the Director General of Electricity Supply;
(vi) the Scottish Environment Protection Agency.
(f) the Natural Resources Body for Wales is a relevant authority in relation to its relevant transferred functions (within the meaning of article 11 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903)).
(4) In subsections (2) and (3) above “relevant enactment” means any of the following, that is to say—
(a) the Trade Descriptions Act 1968;
(b) the Fair Trading Act 1973;
(c) the Consumer Credit Act 1974;
(d) Part II of the Control of Pollution Act 1974;
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) the Estate Agents Act 1979;
(h) the Competition Act 1980;
(i) the Consumer Protection Act 1987;
(j) the Electricity Act 1989;
(k) the Water Resources Act 1991;
(l) the Land Drainage Act 1991;
(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(n) the Competition Act 1998;
(o) the Enterprise Act 2002;
(p) the Water Act 2003;
(q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(r) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising;
(s) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013;
(t) the Water Act 2014;
(u) the following provisions of the Digital Markets, Competition and Consumers Act 2024—
(i) Part 3;
(ii) ... Part 4;
(iii) Chapter 2 of Part 5.
(5) Nothing in any arrangements under this section shall—
(a) limit the matters which may be contained in a report under section 60 below or section 49 of the 1991 Act (report on operation of that Act); or
(b) restrict or prohibit the disclosure of any information which has already been made public—
(i) as part of such a report;
(ii) in pursuance of any arrangements under section 57 above;
(iii) under any provision of section 31 or 32 above or Part III of this Act requiring the publication of any notice or other matter; or
(iv) in the exercise of any power or the performance of any duty which is conferred or imposed on any person apart from this Act.
(6) The Secretary of State may by order made by statutory instrument modify subsections (2) to (5) above so as to add to or restrict the descriptions of disclosures which are to be excluded from any prohibition contained in arrangements under subsection (1) above; and the power to make an order under this subsection shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(7) Subject to subsection (8) below, where any licence under Part II of this Act or any such undertaking as is mentioned in section 57(4)(b) above contains provision for any information furnished to the Authority to be treated as subject to such an obligation of confidence as restricts the disclosure or use of that information without the consent of the person to whom that obligation is to be owed—
(a) the requirement to comply with that obligation shall be a duty owed by the Authority to that person; and
(b) any such disclosure or use, in contravention of that provision, of any information as causes the person to whom it is owed to sustain loss or damage shall be actionable against the Authority at the suit or instance of that person.
(8) Subsection (7) above shall not apply, except in so far as the provisions of the licence or undertaking contain express provision to the contrary, to any disclosure of information which is for the time being excluded by virtue of subsections (2) to (5) above from the prohibition contained in arrangements under subsection (1) above.
(9) In this section “records” has the same meaning as in section 57 above.
(1) As soon as reasonably practicable after the end of each financial year the Authority shall prepare a report on its activities during that year and shall send a copy of that report to the Secretary of State.
(2) The Authority’s annual report—
(a) shall set out—
(i) all such directions under section 6 above, this section or Part II of Schedule 1 to this Act, and
(ii) all such determinations under that Part of that Schedule,
as have been given to it or made during the financial year to which the report relates;
(b) shall incorporate the statement of accounts prepared by the Authority in respect of the accounting year ending with the financial year in question, together with a copy of the report on those accounts which is required to be laid before Parliament under paragraph 15(4) of Schedule 1 to this Act; and
(c) shall otherwise be in such form, and contain such information, as may be specified in a direction given to it by the Secretary of State.
(3) The information contained in the Authority’s annual report shall not include any such information as falls to be excluded by virtue of subsection (3) or (4) of section 57 above from the information which is to be made available in pursuance of arrangements under that section.
(4) Nothing in subsection (3) above shall prevent the inclusion in the Authority’s annual report of any information which has already been made public by virtue of any provision of this Act or of any other enactment.
(5) In consequence of section 49 of the 1991 Act (report on operation of that Act), it shall not be necessary for the Authority’s annual report to include any report on the operation of that Act.
(6) As soon as reasonably practicable after he has received the Authority’s annual report for any financial year the Secretary of State shall lay a copy of it before each House of Parliament.
(7) It shall be the duty of the Authority—
(a) to arrange for copies of every annual report of the Authority to be published in such manner as it considers appropriate for securing that the information contained in it is available to the persons likely to be interested in it; and
(b) to send the Secretary of State such number of copies of the published report as he may require.
61 Report on financial assistance for coal-mining museums.
As soon as reasonably practicable after the end of the period of three years beginning with the restructuring date, the Secretary of State shall prepare and lay before Parliament a report setting out particulars of—
(a) the financial assistance provided during that period to coal-mining museums, so far as it has involved the making of payments for that purpose to any person by the Secretary of State;
(b) the manner in which the provision of that financial assistance has been administered; and
(c) the use to which that financial assistance has been put by the coal-mining museums which have received it.
There shall be paid out of money provided by Parliament—
(a) any administrative expenses incurred by the Secretary of State or the Treasury in consequence of the provisions of this Act;
(b) any sums required by any Minister of the Crown or Government department for meeting obligations arising in consequence of that Minister or department becoming entitled or subject, in accordance with any restructuring scheme, to any property, rights or liabilities; and
(c) any increase attributable to this Act in the sums payable out of money so provided under any other Act.
63 Provisions relating to the service of documents.
(1) Any document required or authorised by virtue of this Act to be served on any person may be served—
(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;
(b) if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary or clerk of that body; or
(c) if the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having the control or management of the partnership business;
and any document required or authorised by this Act to be served on the Authority or the Corporation may be served by leaving it at, or sending it by post to, any office of the Authority or, as the case may be, of the Corporation.
(2) For the purposes of this section and section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—
(a) in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body; and
(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership;
and for the purposes of this subsection the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom, is its principal office within the United Kingdom.
(3) If a person to be served by virtue of this Act with any document by another has specified to that other an address within the United Kingdom, other than his proper address (as determined in accordance with subsection (2) above), as one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as a proper address of that person for the purposes of this section and for the purposes of the said section 7 in its application to this section.
(4) References in this section to the service of a document on any person include references to the giving, making or sending to that person of any notice, direction, claim or request which is in writing.
(5) This section shall not apply to any document in relation to the service of which provision is made by rules of court.
(1) Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, then he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Where any partnership in Scotland or any unincorporated association in Scotland which is not a partnership is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a) any partner in the partnership or, as the case may be, any person concerned in the management or control of the association, or
(b) any person purporting to act in any such capacity,
then he, as well as the partnership or association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(1) In this Act, except in so far as the context otherwise requires—
“the 1946 Act” means the Coal Industry Nationalisation Act 1946;
“the 1975 Act” means the Coal Industry Act 1975;
“the 1991 Act” means the Coal Mining Subsidence Act 1991;
“the Authority” means the Coal Authority;
“business” includes any trade or profession;
“coal” means bituminous coal, cannel coal and anthracite;
“coal mine” includes—
any space excavated underground for the purposes of coal-mining operations and any shaft or adit made for those purposes,
any space occupied by unworked coal, and
a coal quarry and opencast workings of coal;
“coal-mining operations” includes—
searching for coal and boring for it,
winning, working and getting it (whether underground or in the course of opencast operations),
bringing underground coal to the surface, treating coal and rendering it saleable,
treating coal in the strata for the purpose of winning any product of coal and winning, working or getting any product of coal resulting from such treatment, and
depositing spoil from any activities carried on in the course of any coal-mining operations and draining coal mines,
and an operation carried on in relation to minerals other than coal is a coal-mining operation in so far as it is carried on in relation to those minerals as part of, or is ancillary to, operations carried on in relation to coal;
“company” has the meaning given by section 1(1) of the Companies Act 2006;
“contravention” includes a failure to comply, and cognate expressions shall be construed accordingly;
“the Corporation” means the British Coal Corporation or, in relation to times before the commencement of section 1 of the Coal Industry Act 1987, the National Coal Board;
“debenture” includes debenture stock;
“the dissolution date” means the date appointed under section 23 above for the dissolution of the Corporation;
“financial year” means the twelve months ending with 31st March;
“holder”, in relation to a licence under Part II of this Act, means the following person (whether or not the authorisation contained in the licence remains in force), that is to say—
in a case where there has been no such transfer in relation to that licence as is mentioned in section 27(5) above, the person to whom the licence was granted, and
in any other case, the person to whom the rights and obligations of the holder of that licence were last transferred;
“interest”, in relation to land, includes estate;
“liability”, in relation to the transfer of liabilities from one person to another or to the modification of any liability, does not include any criminal liability;
“licensed operator” means any person who is for the time being either—
authorised by a licence under Part II of this Act to carry on coal-mining operations to which section 25 above applies, or
authorised by virtue of subsection (3) of that section to carry on any such operations;
“modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;
“the restructuring date” means the date appointed as that date under section 7(1) above;
“restructuring scheme” means a scheme under section 12 above;
“securities”, in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company;
“shares” includes stock;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978;
“subsidence damage” has the same meaning as in the 1991 Act;
“subsidiary” and “wholly-owned subsidiary” have the meanings given by section 1159 of the Companies Act 2006;
“successor company” means any company which, at a time when it is wholly owned by the Crown, becomes entitled or subject, in accordance with any restructuring scheme, to any property, rights or liabilities;
“undertaking”, in relation to the Corporation, includes the undertakings of its wholly-owned subsidiaries.
(2) References in this Act to the treatment of coal in the strata shall be taken not to include references to any operations which—
(a) are carried on in relation to coal in or to which any oil or gas that exists in its natural condition in the strata is absorbed or adsorbed; and
(b) are so carried on wholly for the purpose of winning or getting that oil or gas;
and in this subsection “oil or gas” means oil or gas within the meaning of section 9 above.
(3) References in this Act to the creation, in favour of any person, of an interest in property include references to the vesting in that person of a freehold or leasehold interest in property.
(4) For the purposes of this Act a company shall be regarded as wholly owned by the Crown at any time if it is—
(a) a company limited by shares in which there are at that time no issued shares held otherwise than by, or by a nominee of, the Treasury, the Secretary of State or any other company wholly owned by the Crown; or
(b) a company limited by guarantee of which no person other than the Treasury or the Secretary of State, or a nominee of the Treasury or the Secretary of State, is a member.
The Companies Acts (as defined by section 2 of the Companies Act 2006) have effect in relation to a company that—
(a) is wholly owned by the Crown, and
(b) has been notified by the Secretary of State that it is a company to which it is proposed to transfer any part of the Corporation’s undertaking,
as if references to a shadow director did not include the Treasury or any Minister of the Crown.
(1) This Act shall have effect in relation to any land or other property in which there is a Crown or Duchy interest as it has effect in relation to land or other property in which there is no such interest.
(2) So much of this Act as contains provision for the modification of the rights or liabilities to which any person is or may become entitled or subject shall bind the Crown.
(3) Nothing in this section shall be taken as requiring a licence under Part II of this Act for the carrying on by or on behalf of the Crown of any coal-mining operations.
(4) Where this Act modifies any enactment in relation to which provision is made for its application to the Crown that differs from the provision made by this section, that provision, and not this section, shall have effect in relation to the modification.
(5) In this section “Crown or Duchy interest” means any interest belonging to Her Majesty or to the Duchy of Cornwall or any interest belonging to a Government department or held in trust for the purposes of a Government department.
(6) The references in subsection (5) above to a Government department shall, for the purposes of the application of this section to sections 4D to 4F of, and Schedule 1C to, this Act, be treated as including the holder of an office in the Scottish Administration which is not a ministerial office.
67 Amendments, transitional provisions, savings and repeals.
(1) The enactments mentioned in Schedule 9 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the preceding provisions of this Act).
(2) The Secretary of State may by order made by statutory instrument make such consequential modifications of any provision contained in any Act passed before the relevant commencement date, or in any subordinate legislation made before that date, as appear to him necessary or expedient—
(a) in respect of any reference in that Act or subordinate legislation to the Corporation;
(b) in respect of any reference (in whatever terms) in that Act or subordinate legislation to a person carrying on coal-mining operations or to such operations;
(c) in respect of any reference in that Act or subordinate legislation to any enactment repealed or amended by this Act; or
(d) in the case of a provision contained in subordinate legislation, in respect of any other inconsistency between that subordinate legislation and this Act;
and in this subsection “the relevant commencement date”, in relation to any modifications, means the date of the coming into force of the provisions of this Act on which they are consequential.
(3) If it appears to the Secretary of State to be appropriate to do so—
(a) for the purposes of, or in consequence of, the coming into force of any enactment contained in this Act, or
(b) in consequence of the effect or operation at any time after the restructuring date of any such enactment or of anything done under any such enactment,
he may by order made by statutory instrument repeal, amend or re-enact (with or without modifications) any provision contained in any local Act (whenever passed), including, in the case of an order by virtue of paragraph (b) above, a provision amended by virtue of subsection (2) or paragraph (a) above.
(4) The power of the Secretary of State to make provision by an order under subsection (3) above shall include power—
(a) to provide for general modifications of local Acts of a specified description and for modifications making different provision for different cases;
(b) to make such supplemental, incidental, consequential and transitional provision as the Secretary of State considers appropriate in relation to any other provisions of such an order; and
(c) in the case of an order made after the restructuring date, to require provision contained in the order to be treated as if it came into force on that date.
(5) An order shall not be made under this section for modifying any public general Act unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
(6) A statutory instrument containing an order under this section a draft of which is not required to have been laid before Parliament under subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) The transitional provisions and savings contained in Schedule 10 to this Act shall have effect; and those provisions and savings shall be without prejudice to sections 16 and 17 of the Interpretation Act 1978 (effect of repeals).
(8) The enactments mentioned in Schedule 11 to this Act (which include some enactments which are spent) are hereby repealed to the extent specified in the third column of that Schedule.
(1) This Act may be cited as the Coal Industry Act 1994.
(2) The following provisions of this Act shall come into force on the restructuring date, that is to say—
(a) sections 10, 11, 18 and 23;
(b) sections 31 to 34 and section 36;
(c) sections 38 to 44 and 48 to 53, section 55 and Schedules 6, 7 and 8;
(d) Schedule 9, except (subject to the power to appoint the restructuring date under subsection (4) below) for so much of that Schedule as relates to—
(i) the Public Health Act 1961,
(ii) the Licensing Act 1964,
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(vi) the Overseas Development and Co-operation Act 1980,
(vii) the National Audit Act 1983,
(viii) the Road Traffic Regulation Act 1984,
(ix) sections 315(4)(b) and 317 of the Town and Country Planning Act 1990, and
(x) the Leasehold Reform, Housing and Urban Development Act 1993;
(e) Part II of Schedule 11; and
(f) subsections (1) and (8) of section 67 so far as they relate to provisions coming into force on that date by virtue of paragraphs (d) and (e) above.
(3) The following provisions of this Act shall come into force on the dissolution date, that is to say—
(a) Schedule 9, so far as it relates to—
(i) the Public Health Act 1961,
(ii) the Overseas Development and Co-operation Act 1980,
(iii) the National Audit Act 1983,
(iv) the Road Traffic Regulation Act 1984, and
(v) the Leasehold Reform, Housing and Urban Development Act 1993;
(b) Part IV of Schedule 11; and
(c) subsections (1) and (8) of section 67 so far as they relate to provisions coming into force on that date by virtue of paragraphs (a) and (b) above.
(4) Apart from the provisions to which subsections (2) and (3) above apply and the provisions specified in subsection (6) below (which come into force on the passing of this Act), this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
(5) An order under subsection (4) above may—
(a) appoint different days for different provisions and for different purposes; and
(b) make any such transitional provision (including provision modifying for transitional purposes any of the provisions of this Act or of any enactment amended or repealed by this Act) as the Secretary of State considers appropriate in connection with the bringing into force of any provision of this Act;
but, where an order under that subsection makes any such provision as is mentioned in paragraph (b) above, the statutory instrument containing the order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) The provisions of this Act mentioned in subsection (4) above are this section and—
(a) sections 7 to 9;
(b) sections 12 to 14 and 17 and Schedule 2;
(c) section 54;
(d) sections 62 to 66;
(e) section 67(2) to (6); and
(f) Part I of Schedule 11 to this Act and subsection (8) of section 67 so far as it relates to that Part of that Schedule.
(7) The following provisions of this Act do not extend to Scotland, that is to say—
(za) sections 4A to 4C and Schedules 1A and 1B;
(a) sections 49 and 50 and Schedule 7; and
(b) so much of Schedules 9 and 11 as relates to enactments extending to England and Wales only.
(7A) Sections 4D to 4F of, and Schedule 1C to, this Act extend to Scotland only.
(8) This Act, except for—
(a) sections 7 to 9, 12 and 13 and Schedule 2,
(b) sections 20 and 21 and Schedule 4,
(c) so much of Schedule 1 as amends the Parliamentary Commissioner Act 1967, the House of Commons Disqualification Act 1975 and the Northern Ireland Assembly Disqualification Act 1975,
(d) so much of Schedule 9 as amends any enactment that extends to Northern Ireland,
(e) the repeal, by virtue of their inclusion in Schedule 11, of—
(i) the entries relating to the Corporation in the Statutory Corporations (Financial Provisions) Act 1975, the House of Commons Disqualification Act 1975, the Northern Ireland Assembly Disqualification Act 1975 and the National Audit Act 1983,
(ii) the Coal Consumers’ Councils (Northern Irish Interests) Act 1962,
(iii) section 2(4) and (5) of the Overseas Development and Co-operation Act 1980 and the entry relating to the Corporation in Schedule 1 to that Act,
(iv) section 1(2) of the Continental Shelf Act 1964 and section 2(3) of the Territorial Sea Act 1987,
(v) so much of the Coal Industry Act 1987 as extends to Northern Ireland, and
(vi) the British Coal and British Rail (Transfer Proposals) Act 1993,
and
(f) so much of this Part as is required for the purpose of giving effect to the extension to Northern Ireland of the provisions mentioned in the preceding paragraphs,
does not extend to Northern Ireland.
(9) This Act extends to the Isle of Man for the purpose of giving effect there to the repeal by this Act of subsection (3) of section 2 of the Territorial Sea Act 1987, to paragraph 10 of Schedule 10 and to so much of any restructuring scheme or any agreement under section 13 above as relates to rights mentioned in that paragraph; and, subject to that paragraph, that repeal shall accordingly include the repeal of that subsection as it extends to the Isle of Man by virtue of the Territorial Sea Act 1987 (Isle of Man) Order 1991.
Section 1.
Part I Organisation and Proceedings
Membership
1 (1) Subject to the following provisions of this paragraph, a member of the Authority shall hold and vacate office in accordance with the terms of his appointment.
(2) Any appointment of a person as a member of the Authority shall be for a term not exceeding five years, but a person who ceases to be such a member at the end of any such term shall be eligible for re-appointment.
(3) A member of the Authority may at any time by notice to the Secretary of State resign his office.
(4) The Secretary of State may remove a member of the Authority if he is satisfied—
(a) that that member has been absent from meetings of the Authority for a period of more than three consecutive months without the permission of the Authority;
(b) that that member has been made bankrupt, that his estate has been sequestrated , that a debt relief order has been made in respect of him or that he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
(c) that that member is unable or unfit to carry out the functions of a member.
Remuneration, pensions etc.
2 (1) The Authority shall pay to its members such remuneration, and such travelling and other allowances, as may be determined by the Secretary of State.
(2) The Authority shall, if so required by the Secretary of State, pay—
(a) such pension, allowances or gratuities to or in respect of a person who has been or is a member of the Authority, or
(b) such payments towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person,
as may be determined by the Secretary of State.
(3) If, when any member of the Authority ceases to hold office, the Secretary of State determines that there are special circumstances which make it right that that member should receive compensation, the Authority shall pay to him a sum by way of compensation of such amount as may be so determined.
(4) The approval of the Treasury shall be required for the making of a determination under this paragraph.
Staff
3 (1) The Authority may, with the approval of the Secretary of State as to terms and conditions of service, appoint such officers and employees as it may determine.
(2) No member of the Authority or other person shall be appointed by the Authority to act as its chief executive unless the Secretary of State has consented to the appointment of that person.
(3) The Authority may—
(a) pay such pensions, allowances or gratuities to or in respect of any persons who have been or are its officers or employees as it may, with the approval of the Secretary of State, determine;
(b) make such payments as it may so determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons; and
(c) provide and maintain such schemes as it may so determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any such persons.
(4) Any reference in sub-paragraph (3) above to pensions, allowances or gratuities to or in respect of any such persons as are mentioned in that sub-paragraph includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Authority’s officers or employees who suffer loss of office or employment or loss or diminution of emoluments.
(5) If any person—
(a) on ceasing to hold any office or employment with the Authority, becomes or continues to be one of its members, and
(b) was, by reference to his office or employment with the Authority, a participant in a pension scheme maintained by the Authority for the benefit of any of its officers or employees,
the Authority may, with the approval of the Secretary of State, make provision for him to continue to participate in that scheme, on such terms and conditions as it may with the consent of the Secretary of State determine, as if his service as a member were service as an officer or employee of the Authority; and any such provision shall be without prejudice to paragraph 2 above.
(6) In addition, service as an officer or employee of the Authority shall be included in the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (which lists the kinds of employment to which a scheme can apply), the following entry shall be inserted at the appropriate place in the list of “Other Bodies”, that is to say— “ Coal Authority. ”
(7) The Authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to sub-paragraph (6) above in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
(8) Where any person is both a member of the Authority and a participant by reference to his service as an officer or employee of the Authority in a scheme under section 1 of the Superannuation Act 1972, the Treasury may determine that his service as such a member (including service before he became an officer or employee) shall be treated for the purposes of the scheme as service as an employee of the Authority; and any such determination shall be without prejudice to paragraph 2 above.
(9) The consent of the Treasury shall be required for the giving of an approval under this paragraph.
Proceedings of Authority
4 Subject to the following provisions of this Schedule, the Authority may regulate its own procedure (including quorum).
Delegation of powers
5 Anything authorised or required by or under any enactment to be done by the Authority may be done by any member, officer or employee of the Authority who has been authorised for the purpose, whether generally or specially, by the Authority.
Interests of members
6 (1) A member of the Authority who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Authority shall disclose the nature of his interest to the meeting.
(2) Where such a disclosure is made, the disclosure shall be recorded in the minutes of the meeting and the member shall not take any part in any deliberation or decision of the Authority with respect to that matter if either—
(a) it relates to any application made to the Authority or to any licence or contract which the Authority has granted or entered into or is considering granting or entering into; or
(b) the Authority determines that the nature of the matter, the extent of the member’s interest and any prejudicial effect of his joining in the consideration of that matter are such that the member should not take part.
(3) For the purposes of sub-paragraph (1) above, a general notification given at a meeting of the Authority by any of its members to the effect that—
(a) he is a member of a specified body corporate or firm, and
(b) he is to be regarded as interested in any matter involving that body or firm which falls to be considered after the giving of the notification,
shall be regarded as a sufficient disclosure of his interest in relation to any such matter.
(4) A member of the Authority who is required under this paragraph to make a disclosure at any meeting need not attend in person at the meeting in order to make the disclosure if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting.
Vacancies and defective appointments
7 The validity of any proceedings of the Authority shall not be affected by a vacancy amongst its members, by any defect in the appointment of a member or by any contravention of the requirements of paragraph 6 above.
Minutes
8 (1) Minutes shall be kept of proceedings of the Authority.
(2) Minutes of any such proceedings shall be evidence of those proceedings if they are signed by a person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record.
(3) Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2) above, those proceedings shall, unless the contrary is shown, be deemed to have been regularly convened and constituted.
Application of seal and proof of instruments
9 (1) The application of the seal of the Authority shall be authenticated by the signature of any member, officer or employee of the Authority who has been authorised for the purpose, whether generally or specially, by the Authority.
(2) Every document purporting to be an instrument made or issued by or on behalf of the Authority and to be duly executed under the seal of the Authority, or to be signed or executed by a person authorised by the Authority for the purpose, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
(3) In this paragraph the reference to the signature of a person includes a reference to a facsimile of a signature by whatever process reproduced; and “signed” shall be construed accordingly.
The Parliamentary Commissioner
10 In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), there shall be inserted (at the appropriate place) the following entry—
“ Coal Authority. ”
Parliamentary disqualification etc.
11 In the House of Commons Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all the members are disqualified), there shall be inserted (at the appropriate place) the following entry—
“ The Coal Authority. ”;
and the like insertion shall be made in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.
Interpretation
12 In this Part of this Schedule, “member”, in relation to the Authority, includes its chairman and deputy chairman.
Part II Financial Provisions
Financial duties
13 (1) The Secretary of State may, after consultation with the Authority, determine the financial duties of the Authority, and different determinations may be made for different functions and activities of the Authority.
(2) A determination under this paragraph may—
(a) relate to a period beginning before the date on which it is made;
(b) contain supplemental provisions; and
(c) be varied by a subsequent determination.
(3) The Secretary of State shall give the Authority written notice of every determination made under this paragraph and it shall be the duty of the Authority to conduct its finances in accordance with the determinations of which it has been given notice.
(4) The approval of the Treasury shall be required for the making of a determination under this paragraph.
Finances of the Authority
14 (1) The Secretary of State shall, in respect of each accounting year, pay to the Authority such amount as he may determine to be the amount required by the Authority for the carrying out during that year of its functions under this Act.
(2) Except so far as the Secretary of State may otherwise direct, sums received by the Authority in the course of carrying out its functions shall be paid by the Authority to the Secretary of State.
(3) Any sums required by the Secretary of State for making a payment under sub-paragraph (1) above shall be paid out of money provided by Parliament; and any sums received by the Secretary of State under sub-paragraph (2) above shall be paid into the Consolidated Fund.
(4) The approval of the Treasury shall be required for the making of a determination, or the giving of any direction, under this paragraph.
(5) In this paragraph and paragraph 15 below “accounting year” means the period beginning with the day on which the Authority is established and ending with the financial year current on that date, and each successive financial year.
Accounts
15 (1) The Authority—
(a) shall keep proper accounts and records in relation to its accounts; and
(b) in respect of each accounting year, shall prepare a statement of accounts in such form, and within such period after the end of that year, as the Secretary of State may, with the approval of the Treasury, direct.
(2) Before such date after the end of every accounting year as the Secretary of State may direct, the Authority shall send to the Secretary of State a copy of the statement of accounts prepared in respect of that accounting year under sub-paragraph (1)(b) above.
(3) On or before 31st August following the end of every accounting year, the Secretary of State shall send a copy of the statement of accounts prepared in respect of that year to the Comptroller and Auditor General.
(4) The Comptroller and Auditor General shall examine, certify and report on every statement of accounts sent to him under sub-paragraph (3) above and shall lay copies of the statement and of his report before each House of Parliament.