The Coal Industry Nationalisation (Superannuation) Regulations 1950 No. 376

Interpretation

9.—(1) In these regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

“the Act of 1946” means the Coal Industry Nationalisation Act, 1946;

“the Act of 1949” means the Coal Industry Act, 1949;

“the Board” means the National Coal Board;

“the Board's part” and “the employer's part” have the meanings respectively assigned to them by paragraph (1) of regulation five of these regulations;

“employer” means, in relation to a person who had retired before the relevant date, the person who was his employer at the date of his retirement;

“exclusive scheme” has the meaning assigned to it by paragraph (1) of regulation four of these regulations;

“the Minister” means the Minister of Fuel and Power;

“non-exclusive scheme” has the meaning assigned to it by paragraph (1) of regulation five of these regulations;

“regulating instrument” means any trust deed, rules or other instrument made for the purposes of any scheme or other arrangement as mentioned in these regulations and includes any policy of insurance, bond, indemnity or other similar instrument for securing benefits mentioned in any such scheme or other arrangement or in any trust deed, rules or other instrument as aforesaid ;

“relevant date” in relation to a scheme or other arrangement means the date or, if more than one, the first date on which either assets, in relation to which persons participating therein were employed, vest in the Board by virtue of the Act of 1946, or any such person, being a person within sub-paragraph (a) or (b) of paragraph (1) of regulation four, was taken into the service of the Board;

“transferred employment” means employment—

(a)

in or in connection with coal industry activities by a colliery concern, a class A subsidiary of a colliery concern, the Coal Commission, a body administering a selling scheme, a selling agent appointed under a group selling scheme or the South Yorkshire Mines Drainage Committee; or

(b)

in or in connection with transferred allied activities by the owner of an interest falling within Part II, III or IV of the first schedule to the Act of 1946 that vests in the Board by virtue of the exercise of an option being activities for which that interest was owned or for which things wherein that interest subsisted were used;

“war service” means service in any of His Majesty's Forces or such other employment as the Minister may in writing approve, being service or employment on or after the twenty-sixth day of May, 1939.

(2) Where any periods of employment or service aggregated for the purposes of sub-paragraph (b) of paragraph (1) of regulation twoor sub-paragraph (b) of paragraph (4) of regulation three include fractions of a year those fractions shall be included and where the total period of such employment or service includes a fraction of a year exceeding six months that fraction shall be treated as one year.

(3) The Interpretation Act, 1889 shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.

10.  The Coal Industry Nationalisation (Superannuation) Regulations, 1946 (1), the Coal Industry Nationalisation (Superannuation) Regulations, 1947(2), and the Coal Industry Nationalisation (Superannuation) Regulations, 1948 (3), are hereby revoked but anything done under or for the purposes of those regulations shall be deemed to have been done under or for the purposes of these regulations.

11.  These regulations shall come into operation on the first day of April, nineteen hundred and fifty, but shall then be deemed to have had effect from the first day of January, nineteen hundred and forty-seven, and may be cited as the Coal Industry Nationalisation (Superannuation) Regulations, 1950.

(1)

I, p. 282.

(2)

I, p. 312.

(3)

I, p. 483.