Coal Industry Act 1994

Supplemental E+W+S

35 Register of licences and orders. E+W+S

(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.

Prospective

36 Insolvency of licensed operators etc. E+W+S

(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 M1 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.

(3) A liquidator who contravenes subsection (2) 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 651(1) or 653(2) of the M2 Companies Act 1985 (application to cancel the dissolution of a company) 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) Accordingly, subsection (1) of section 653 of that Act of 1985 (section to apply where specified persons feel aggrieved) shall be disregarded where an application under subsection (2) of that section is made by virtue of subsection (5) above.

(7) In this section “registrar of companies” has the same meaning as in the M3 Companies Act 1985; 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.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M1 1986 c. 45.

M2 1985 c. 6.

M3 1985 c. 6.

36 Insolvency of licensed operators etc. E+W+S

(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 M1 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.

[F1 (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 [F1 or administrator]who contravenes subsection (2) [F1 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 651(1) or 653(2) of the M1 Companies Act 1985 (application to cancel the dissolution of a company) 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) Accordingly, subsection (1) of section 653 of that Act of 1985 (section to apply where specified persons feel aggrieved) shall be disregarded where an application under subsection (2) of that section is made by virtue of subsection (5) above.

(7) In this section “registrar of companies” has the same meaning as in the M1 Companies Act 1985; 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.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 S. 36(2A) inserted (prosp.) by 2002 c. 40, ss. 248, 279, Sch. 17 para. 48(2) (with s. 249(1)-(3))

F1 Words in s. 36(3) inserted (prosp.) by 2002 c. 40, ss. 248, 279, Sch. 17 para. 48(3)(a) (with s. 249(1)-(3))

F1 Words in s. 36(3) inserted (prosp.) by 2002 c. 40, ss. 248, 279, Sch. 17 para. 48(3)(b) (with s. 249(1)-(3))

Marginal Citations

M1 1986 c. 45.

M1 1985 c. 6.

M1 1985 c. 6.