{
  "url": "https://openlegislation.uk/coal-industry-nationalisation-superannuation-regulations-1950/note",
  "json_url": "https://openlegislation.uk/coal-industry-nationalisation-superannuation-regulations-1950/note.json",
  "legislation": "uksi/1950/376",
  "legislation_title": "The Coal Industry Nationalisation (Superannuation) Regulations 1950",
  "legislation_url": "https://openlegislation.uk/coal-industry-nationalisation-superannuation-regulations-1950",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "These regulations consolidate the provisions of the Coal Industry Nationalisation (Superannuation) Regulations, 1946, 1947 and 1948 with the amendments arising from the provisions of section 4 of the Coal Industry Act, 1949 (herein referred to as “the Act of 1949”) which amended section 37 of the Coal Industry Nationalisation Act, 1946 (herein referred to as “the Act of 1946”). The amendments (other than drafting amendments) are indicated by underlining or side-lining.\nIn consequence of the provisions of subsection (1) of section 4 of the Act of 1949 in regulations 2 and 3 references are made to persons in transferred employment (defined in regulation 9) where previously there were references to persons in employment in or in connection with coal industry activities or transferred allied activities.\nRegulation 4 (which deals with the continuance and amendment of existing pension schemes) is altered to accord with subsection (2) of section 4 of the Act of 1949 which provided that the power in paragraph (c) of section 37 (1) of the Act of 1946 to continue, amend or revoke existing schemes should be limited to schemes in favour of persons specified in the new subsection.\nIn accordance with subsection (3) of section 4 of the Act of 1949 paragraphs (2) to (5) of regulation 3 provide for compensation in relation to an expectation of accruer of particular benefits arising from the employment of persons in transferred employment where the expectation ceases or is prejudiced by reason of loss of employment or employment in other activities in consequence of the Act of 1946. The claim must be made within two years of the loss or change of employment or of the date of operation of these regulations, whichever is later subject to any extension of that time granted by the Minister. The compensation will be a pension, gratuity or benefit of the same kind payable at the same time as the benefits expected to accrue and calculated on the same basis as those benefits by reference to the period of service on which the expectation was based and the emoluments received therein or a pension gratuity or benefit not less advantageous. Loss in respect of benefits expected to accrue by virtue of employment after this period is taken into account in paragraph (3) of regulation 3 by including the period of any service with the Board and certain increases in emoluments which are enjoyed in the service of the Board or might be expected to have been enjoyed during that period in the old employment. Further, if the claim arises through loss of employment when the claimant is over forty years of age and has served at least ten years in the industry, added years with a maximum of ten are included by virtue of paragraph (4) of regulation 3 . The additional benefits under paragraphs (3) and (4) are subject to the limits specified in paragraph (5).\nIn accordance with subsection (4) of section 4 of the Act of 1949 any question arising under regulation 3 may be referred to a referee or board of referees appointed by the Minister of Labour.\nThese regulations, in pursuance of section 37 (3) of the Act of 1946, on coming into operation are to have effect from 1st January, 1947 (the date of coming into operation of the 1946 regulations) since the amendments made by the Act of 1949 to section 37 of the Act of 1946 are retrospective.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1950/376/note",
    "retrieved_at": "2026-10-30T02:25:11.279235+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}