Coal Industry Act 1994 in Scotland
1994 c. 21 · Enacted 5 July 1994 · Extends to United Kingdom
An Act to provide for the establishment and functions of a body to be known as the Coal Authority; to provide for the restructuring of the coal industry, for transfers of the property, rights and liabilities of the British Coal Corporation and its wholly-owned subsidiaries to other persons and for the dissolution of that Corporation; to abolish the Domestic Coal Consumers’ Council; to make provision for the licensing of coal-mining operations and provision otherwise in relation to the carrying on of such operations; to amend the Coal Mining Subsidence Act 1991 and the Opencast Coal Act 1958; and for connected purposes.
[5th July 1994] C1
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Annotations to the whole text
Modifications
- C1
Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1
Contents
- Part I: Re-organisation of Coal Industry
- The Coal Authority
- 1Establishment of the Coal Authority.
- 2Duties of the Authority with respect to licensing.
- 3Duties of the Authority with respect to property.
- 4Duty of the Authority with respect to safety.
- 4CAFurther powers relating to subsidence and water discharge
- 4DPower of the Authority with respect to coal mine water discharge: Scotland
- 4ESection 4E
- 4FCoal mine discharge: compulsory acquisition of land in Scotland
- 4GFurther powers relating to subsidence and water discharge: Scotland
- 5General powers of the Authority.
- 6Directions to the Authority by the Secretary of State.
- The Corporation’s exploitation rights
- 7Exploitation rights: general.
- 8Exploitation rights: territorial waters and continental shelf.
- 9Exploitation rights: oil and gas.
- 10Protection for certain interests in coal and coal mines.
- Restructuring of the Corporation’s undertaking
- 11Restructuring of the Corporation’s functions.
- 12Restructuring schemes in relation to property etc.
- 13Agreements with respect to restructuring schemes.
- 14Duty to assist in preparation of restructuring schemes.
- The Corporation’s successors
- 15Financial structure of successor companies.
- 16Target investment limit for Government holding in successor companies.
- Financial arrangements in connection with restructuring
- 17Grant-making powers.
- 18Residual payments grant.
- 19Concessionary coal.
- 20Extinguishment of loans to the Corporation.
- 21Taxation effects of restructuring.
- 22Pensions and miners’ welfare organisations.
- Reduction in membership and dissolution of the Corporation
- 23Reduction in membership and dissolution of the Corporation.
- Abolition of the Domestic Coal Consumers’ Council
- 24Abolition of the Domestic Coal Consumers’ Council. Repealed
- Part II: Licensing of Coal-mining Operations
- Coal-mining operations to be licensed
- 25Coal-mining operations to be licensed.
- Licences under Part II
- 26Grant of licences.
- 26ALicences for coal-mining operations in Wales: approval by Welsh Ministers
- 27Authorisation contained in licence.
- 28Conditions of licence: general.
- 29Conditions for the provision of security.
- 30Publication of licensing arrangements.
- Enforcement
- 31Enforcement orders.
- 32Procedural requirements for enforcement orders.
- 33Validity and effect of enforcement orders.
- 34Power to require information for the purposes of enforcement.
- Supplemental
- 35Register of licences and orders.
- 36Insolvency of licensed operators etc.
- Part III: Rights and Obligations in connection with Coal Mining
- Areas of responsibility
- 37Areas of responsibility.
- Withdrawal of support from land
- 38Rights to withdraw support.
- 39Notices under section 38.
- 40Savings for special cases.
- 41Revocation of right to withdraw support.
- Subsidence
- 42Subsidence damage to which 1991 Act applies.
- 43Persons responsible for subsidence.
- 44Cases where there is more than one responsible person.
- 45Information to be provided by responsible persons.
- 46The subsidence adviser.
- 47Disputes etc. as to subsidence matters.
- 48Offences with respect to subsidence information.
- 49Rights to work coal in former copyhold land.
- 50Notices under section 49.
- Additional rights in relation to underground land
- 51Additional rights in relation to underground land.
- Opencast operations
- 52Opencast operations.
- Protection of the environment
- 53Environmental duties in connection with planning.
- 54Obligations to restore land affected by coal-mining operations.
- Health and safety regulations as to rescue service
- 55Health and safety regulations as to rescue service.
- Registration of rights
- 56Registration of rights.
- Part IV: General and Supplemental
- Information provisions
- 57Public access to information held by the Authority.
- 58Liability for inaccurate information furnished to the Authority.
- 59Information to be kept confidential by the Authority.
- 60Annual report of the Authority.
- 61Report on financial assistance for coal-mining museums.
- Supplemental
- 62Financial provisions.
- 63Provisions relating to the service of documents.
- 64Offences by bodies corporate etc.
- 65Interpretation.
- 65AShadow directors
- 66Crown application.
- 67Amendments, transitional provisions, savings and repeals.
- 68Short title, commencement and extent.
- Schedule 1: The Coal Authority
- Part I: Organisation and Proceedings
- Membership
- 1Paragraph 1
- Remuneration, pensions etc.
- 2Paragraph 2
- Staff
- 3Paragraph 3
- Proceedings of Authority
- 4Paragraph 4
- Delegation of powers
- 5Paragraph 5
- Interests of members
- 6Paragraph 6
- Vacancies and defective appointments
- 7Paragraph 7
- Minutes
- 8Paragraph 8
- Application of seal and proof of instruments
- 9Paragraph 9
- The Parliamentary Commissioner
- 10Paragraph 10
- Parliamentary disqualification etc.
- 11Paragraph 11
- Interpretation
- 12Paragraph 12
- Part II: Financial Provisions
- Financial duties
- 13Paragraph 13
- Finances of the Authority
- 14Paragraph 14
- Accounts
- 15Paragraph 15
- Interpretation
- 1Paragraph 1
- Issue of warrants
- 2Paragraph 2
- Manner of exercise of powers
- 3Paragraph 3
- Duty to secure premises
- 4Paragraph 4
- Compensation
- 5Paragraph 5
- Compensation enactments
- 1Paragraph 1
- Adaptation of the Compulsory Purchase Act 1965
- 2Paragraph 2
- Section 7 of the 1965 Act
- 3Paragraph 3
- Section 8 of the 1965 Act
- Effect of deed poll
- 5Paragraph 5
- Section 11 of the 1965 Act
- 6Paragraph 6
- Section 20 of the 1965 Act
- 7Paragraph 7
- Section 22 of the 1965 Act
- 8Paragraph 8
- Schedule 1C: Supplemental provisions with respect to powers of entry: Scotland
- Exercise of powers of entry etc.
- 1Paragraph 1
- Warrants
- 2Paragraph 2
- Schedule 2: Restructuring schemes
- Contents and effect of scheme
- 1Paragraph 1
- Division of property by scheme
- 2Paragraph 2
- Property to which a scheme may relate
- 3Paragraph 3
- Supplemental provisions of schemes
- 4Paragraph 4
- Duties in relation to foreign property etc.
- 5Paragraph 5
- Modification of effect of scheme by agreement
- 6Paragraph 6
- The Transfer of Undertakings (Protection of Employment) Regulations 1981
- 7Paragraph 7
- Compensation
- 8Paragraph 8
- Notice to persons affected by scheme
- 9Paragraph 9
- Schedule 3: Financial structure of successor companies
- Meaning of “relevant successor company”
- 1Paragraph 1
- Initial Government holding in companies
- 2Paragraph 2
- Government investment in companies
- 3Paragraph 3
- Exercise of functions through nominees
- 4Paragraph 4
- Payment of dividends etc. into Consolidated Fund
- 5Paragraph 5
- Distributable reserves of companies
- 6Paragraph 6
- Temporary restrictions on borrowing of companies
- 7Paragraph 7
- Government lending to the companies
- 8Paragraph 8
- Treasury guarantees for loans made to companies
- 9Paragraph 9
- Limit on Government financial assistance for companies
- 10Paragraph 10
- Schedule 4: Taxation Provisions
- Part I: Corporation Tax
- Interpretation of Part I
- 1Paragraph 1
- Chargeable gains: general
- 2Paragraph 2
- Chargeable gains: compensation and insurance money
- 3Paragraph 3
- Chargeable gains: section 30 of the 1992 Act
- 4Paragraph 4
- Chargeable gains: section 41 of the 1992 Act
- 5Paragraph 5
- Chargeable gains: options
- 6Paragraph 6
- Chargeable gains: roll-over relief
- 7Paragraph 7
- Chargeable gains: group transactions
- 8Paragraph 8
- Chargeable gains: disposal of debts
- 9Paragraph 9
- Chargeable gains: assets held before 6th April 1965
- 10Paragraph 10
- Transfers of trading stock
- 11Paragraph 11
- Transfer of rights to receipts
- 12Paragraph 12
- Transfer of liabilities
- 13Paragraph 13
- Losses to be retained by the predecessor
- 14Paragraph 14
- Section 35 of the 1988 Act
- 15Paragraph 15
- Group relief
- 16Paragraph 16
- Special provision for successor companies
- 17Paragraph 17
- Leased assets
- 18Paragraph 18
- Continuity in relation to capital allowances etc. where trade transferred
- 19Paragraph 19
- Capital allowances in cases where paragraph 19 does not apply
- 20Paragraph 20
- Capital allowances in cases where interests created by restructuring scheme
- 21Paragraph 21
- Capital allowances for machinery and plant: connected persons
- 22Paragraph 22
- Exchange gains and losses
- 23Paragraph 23
- Transfers of property in coal and lease back etc.
- 24Paragraph 24
- Modifications of restructuring scheme
- 25Paragraph 25
- Part II: Stamp Duty and Stamp Duty Reserve Tax
- Transactions attracting exemptions
- 26Paragraph 26
- Stamp duty
- 27Paragraph 27
- Stamp duty reserve tax
- 28Paragraph 28
- Schedule 5: Pensions Provision in connection with Restructuring
- Interpretation of Schedule
- 1Paragraph 1
- Modification of existing schemes
- 2Paragraph 2
- Replacement schemes for employees transferred to the private sector etc.
- 3Paragraph 3
- Protection for rights under private sector schemes
- 4Paragraph 4
- General provisions
- 5Paragraph 5
- Schedule 6: Further modifications of the 1991 Act
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Part I: Claims in respect of Retained Interests
- Application of Part I
- 1Paragraph 1
- Form of claim
- 2Paragraph 2
- Acceptance or rejection of claim
- 3Paragraph 3
- Payment of costs of establishing claim
- 4Paragraph 4
- Challenge of rejection notice
- 5Paragraph 5
- Compensation
- Persons entitled to compensation
- 7Paragraph 7
- Agreements with respect to compensation
- 8Paragraph 8
- Notice of compensation
- 9Paragraph 9
- Part II: Other Provisions
- Saving for rights to dispose of retained interests
- 10Paragraph 10
- Pre-1975 Act orders under the Mines (Working Facilities and Support) Act 1966
- 11Paragraph 11
- Transitional provisions
- 12Paragraph 12
- Schedule 8: Amendments of the Opencast Coal Act 1958
- Introduction
- 1Paragraph 1
- Power to make compulsory rights orders
- 2Paragraph 2
- Effect of orders
- 3Paragraph 3
- Limitations on effect of orders
- 4Paragraph 4
- Limited compulsory rights orders
- 5Paragraph 5
- Provisions as to other minerals, timber, crops, etc.
- 6Paragraph 6
- Registration of orders in Scotland
- 7Paragraph 7
- Removal of chattels from land
- 8Paragraph 8
- Apparatus of statutory undertakers
- 9Paragraph 9
- Agricultural tenancies in England and Wales
- 10Paragraph 10
- Agricultural tenancies in Scotland
- 11Paragraph 11
- Suspension of rights of way
- 12Paragraph 12
- Supplementary provisions about suspension of rights of way
- 13Paragraph 13
- Orders conferring rights for drainage or water supply purposes
- 14Paragraph 14
- Annual compensation
- 15Paragraph 15
- Calculation of compensation
- 16Paragraph 16
- 17Paragraph 17
- Terminal compensation
- 18Paragraph 18
- Compensation in respect of agricultural land
- 19Paragraph 19
- Compensation for short term improvements etc.
- 20Paragraph 20
- Compensation in respect of forced sales
- 21Paragraph 21
- Compensation: definition of holding
- 22Paragraph 22
- Compensation in respect of easements and other rights
- 23Paragraph 23
- Compensation in respect of disposable minerals
- 24Paragraph 24
- Compensation for depreciation of land in same ownership
- 25Paragraph 25
- Time when compensation accrues
- 26Paragraph 26
- Records of condition of land
- 27Paragraph 27
- Protection of land from compulsory purchase
- 28Paragraph 28
- Entry on land
- 29Paragraph 29
- Claims for compensation
- 30Paragraph 30
- Compensation in respect of property held for religious purposes
- 31Paragraph 31
- Provision in respect of mortgaged land
- 32Paragraph 32
- Crown land
- 33Paragraph 33
- Telecommunication apparatus
- 34Paragraph 34
- Provisions as to regulations, orders etc.
- 35Paragraph 35
- Interpretation
- 36Paragraph 36
- Application to Scotland
- 37Paragraph 37
- Procedure for compulsory rights orders in Scotland
- 38Paragraph 38
- Other provisions with respect to the procedure for compulsory rights orders
- 39Paragraph 39
- Compensation by way of payment for costs of works
- 40Paragraph 40
- Compensation in respect of minerals
- 41Paragraph 41
- Application of Schedule 6 to Scotland
- 42Paragraph 42
- Tenancies of allotment gardens and other allotments
- 43Paragraph 43
- Schedule 9: Minor and Consequential Amendments
- The Requisitioned Land and War Works Act 1945 (c. 43)
- 2Paragraph 2
- The Statistics of Trade Act 1947 (c. 39)
- 3Paragraph 3
- The Acquisition of Land (Authorisation Procedure) (Scotland)Act 1947 (c. 42)
- 4Paragraph 4
- 5Paragraph 5
- The Public Records Act 1958 (c. 51)
- 6Paragraph 6 Not yet in force
- 7Paragraph 7
- The Licensing Act 1964 (c. 26)
- 8Paragraph 8 Repealed
- The Gas Act 1965 (c. 36)
- 9Paragraph 9
- The Mines (Working Facilities and Support) Act 1966 (c. 4)
- 10Paragraph 10
- The Land Commission Act 1967 (c. 1)
- 11Paragraph 11
- The Gaming Act 1968 (c. 65)
- 12Paragraph 12 Repealed
- The Town and Country Planning (Scotland) Act 1972 (c. 52)
- 13Paragraph 13
- The Fair Trading Act 1973 (c. 41)
- 14Paragraph 14 Repealed
- The Consumer Credit Act 1974 (c. 39)
- 15Paragraph 15 Repealed
- The Welsh Development Agency Act 1975 (c. 70)
- 16Paragraph 16
- The Restrictive Trade Practices Act 1976 (c. 34)
- 17Paragraph 17
- 18Paragraph 18
- The Development of Rural Wales Act 1976 (c. 75)
- 19Paragraph 19
- The Land Registration (Scotland) Act 1979 (c. 33)
- 20Paragraph 20 Repealed
- The Estate Agents Act 1979 (c. 38)
- 21Paragraph 21 Repealed
- The Ancient Monuments and Archaeological Areas Act 1979 (c.46)
- 22Paragraph 22
- The Competition Act 1980 (c. 21)
- 23Paragraph 23 Repealed
- The Overseas Development and Co-operation Act 1980 (c. 63)
- 24Paragraph 24
- The Local Government, Planning and Land Act 1980 (c. 65)
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- The Civic Government (Scotland) Act 1982 (c. 45)
- 28Paragraph 28
- The National Audit Act 1983 (c. 44)
- 29Paragraph 29
- The Road Traffic Regulation Act 1984 (c. 27)
- 30Paragraph 30
- The Roads (Scotland) Act 1984 (c. 54)
- 31Paragraph 31
- The Companies Act 1985 (c. 6)
- 32Paragraph 32 Repealed
- 33Paragraph 33
- The Weights and Measures Act 1985 (c. 72)
- 34Paragraph 34
- 35Paragraph 35
- The Coal Industry Act 1987 (c. 3)
- 36Paragraph 36
- The Housing Act 1988 (c. 50)
- 37Paragraph 37
- The Electricity Act 1989 (c. 29)
- 38Paragraph 38
- The Town and Country Planning Act 1990 (c. 8)
- 39Paragraph 39
- 40Paragraph 40
- The Coal Mining Subsidence Act 1991 (c. 45)
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- The Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
- 45Paragraph 45
- Schedule 10: Transitional Provisions and Savings
- General saving for repeal of the Coal Act 1938
- 1Paragraph 1
- Deemed acknowledgments under section 14(3) of the Coal Act 1938
- 2Paragraph 2
- Restrictions under section 33 of the Coal Act 1938
- 3Paragraph 3
- Rights saved by section 34 of the Coal Act 1938
- 4Paragraph 4
- Saving for rights under section 43(6) of the Coal Act 1938
- 5Paragraph 5
- Licences under section 36 of the 1946 Act
- 6Paragraph 6
- Repeal of section 41 of the 1946 Act
- 7Paragraph 7
- Repeal of the Miners’ Welfare Act 1952
- 8Paragraph 8
- Opencast coal
- 9Paragraph 9
- Offshore coal adjacent to the Isle of Man
- 10Paragraph 10
- Coal industry trusts and other social welfare bodies
- 11Paragraph 11
- Interests affected by planning proposals: blight
- 12Paragraph 12
- Subsidence
- 13Paragraph 13
- Schedule 11: Repeals
- IRepeals coming into force on the passing of this Act
- IIRepeals coming into force on the restructuring date
- IIIRepeals coming into force on an appointed day
- IVRepeals coming into force on the dissolution date