5 Coal industry trusts.E+W+S
(1)If, on application to the Charity Commissioners by an employee organisation, it appears to them—
(a)that the members of the organisation or the members and their dependants constitute a substantial proportion of those who may benefit under a trust to which this section applies; and
(b)that neither the organisation nor its members are entitled to appoint any of the trustees of the trust,
the Charity Commissioners may by order make a scheme making such amendments of the provisions regulating the trust as they consider appropriate for the purpose of securing fair representation amongst the trustees of those persons employed in the coal industry who may benefit under the trust.
(2)A scheme under subsection (1) above in respect of a trust may—
(a)make such provision as to the manner in which the trustees are to be appointed as the Charity Commissioners consider appropriate;
(b)restrict or remove any person’s right to appoint a trustee;
(c)remove any trustee; and
(d)make such further amendments of the provisions regulating the trust (whether or not for the purpose mentioned in subsection (1) above) as the Charity Commissioners consider appropriate.
(3)This section applies to any trust for purposes which are exclusively charitable according to the law of England and Wales—
(a)which is a trust of property wholly or partly representing an application of money from the miners’ welfare fund constituted under section 20 of the M1Mining Industry Act 1920 or the body known as the Coal Industry Social Welfare Organisation;
(b)which is a trust expressed to be for the benefit of—
(i)persons currently or formerly employed in the coal industry or any class of such persons or their dependants; or
(ii)members of the mining community in general or of the mining community of a particular area,
whether or not any other persons are also beneficiaries; or
(c)under the terms of which all or a majority of the trustees are appointed by the body mentioned in paragraph (a) above or are appointed by the Corporation and an employee organisation.
(4)In this section “an employee organisation” means an organisation with which such an agreement as is mentioned in section 46 of the M2Coal Industry Nationalisation Act 1946 (agreements for establishment of machinery for settlement of terms and conditions of employment etc.) has been made or with which the Charity Commissioners are satisfied that consultations are being or have been held for the purposes of that section.
(5)References in this section to the trustees of a trust include references to the members of any body a function of which is to hold property subject to the trust or to perform any administrative functions in relation to the trust and, in relation to the members of such a body, references in this section to the appointment of trustees shall be construed as references to any corresponding procedure under the provisions relating to the constitution of the body.
(6)Where any functions relating to a trust are exercisable by more than one body of trustees, for the purposes of subsection (1)(b) above the Charity Commissioners may disregard or have regard only to the members of one of those bodies.
(7)The Charity Commissioners shall not exercise their powers under this section in any case which they consider, by reason of any special question of law or of fact which it may involve, more fit to be adjudicated on by the court (within the meaning of the M3Charities Act 1960).
(8)Sections 18(3), (8), (10) to (12), 19(1) to (7) and 21 of the Charities Act 1960 shall apply in relation to the powers of the Charity Commissioners and the making of schemes under this section as they apply to their powers and the making of schemes under that Act (but with the omission from section 19(6) of the reference to a reference from the Secretary of State and the substitution in that section for the reference to section 18 of that Act of a reference to this section) and sections 40(1) to (4) and 42 of that Act shall apply to orders and decisions under this section as they apply to orders and decisions under that Act.
(9)Nothing in this section shall affect any other powers exercisable by the Charity Commissioners or the High Court in relation to any trust to which this section applies.
(10)In the application of this section to Scotland—
(a)for the reference in subsection (3) to purposes which are exclusively charitable according to the law of England and Wales there shall be substituted a reference to purposes which are charitable, benevolent or philanthropic (whether or not they are charitable within the meaning of any rule of law);
(b)references to the Charity Commissioners shall be construed as references to the Court of Session; and
(c)subsections (7) and (8) above shall be omitted.