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Coal Act 1938

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I Unification of Coal Mining Royalties

    1. The Coed Commission

      1. 1.Constitution of Coal Commission

      2. 2.General provisions as to functions of the Commission under Part I

    2. Unification of ownership of coal in the hands of the Commission

      1. 3.Commission to acquire fee simple in coal

      2. 4.Property and rights with which, and matters subject to which, coal is to be acquired

      3. 5.Retention of certain leasehold and other interests

    3. Compensation of existing owners

      1. 6.Compensation payable in respect of acquisition as a whole

      2. 7.Ascertainment and distribution of compensation

    4. Transitional provisions

      1. 8.Rights and obligations arising from contract for sale to have effect in respect of interim period

      2. 9.Notice to the Commission, and effect, of dispositions made during interim period

      3. 10.Acquisition by the Commission of right to arrears of rent

      4. 11.Apportionment of rent and determination of questions on severance of subsisting leases

      5. 12.Powers of the Commission for consolidation of leases before the vesting date

      6. 13.Right of freeholder of coal, who carries on coalmining business, to lease thereof

      7. 14.Provisions as to documents and information for purposes of Part I

    5. Provisions supplemental to, and consequential on, unification

      1. 15.Powers of the Commission in relation to underground land other than coal

      2. 16.Commission to have exclusive right to search and bore for coal

      3. 17.Coal not to be alienated from the Commission

      4. 18.Coal not to be dealt with to the prejudice of the Commission after passing of this Act

      5. 19.Restriction on certain dispositions by lessees of coal

      6. 20.Provision as to arbitration

      7. 21.Power of the Court to appoint receiver and manager on the application of the Commission

      8. 22.Amendments of working facilities enactments

    6. Financial provisions

      1. 23.Receipts of, and payments by, the Commission

      2. 24.Reserve fund of the Commission

      3. 25.Reduction by the Commission of rents

      4. 26.Power of the Commission to borrow

      5. 27.Purposes for which the Commission may borrow

      6. 28.Power of the Commission to issue stock

      7. 29.Power of the Treasury to guarantee loans raised by the Commission

      8. 30.Commission's accounts and audit thereof

    7. Miscellaneous

      1. 31.Commission not to be exempt from taxation, and c

      2. 32.Competence of the Commission to acquire certain interests and rights

      3. 33.Restriction on working of coal vested in statutory undertakers

      4. 34.Saving for certain statutory rights

    8. Provisions as to registration, valuation, &c

      1. 35.Execution of Registration Act and amendment as to inspection of the register

      2. 36.Limitation as to information required to be given under the Registration Act

      3. 37.Extension of time limit on applications for registration in respect of which costs are to be payable

      4. 38.General power to extend time limits

      5. 39.Limitation of costs payable in case of disputes between adverse claimants

      6. 40.Persons to act for purposes of valuations, and c, in case of death or incapacity

    9. Application and interpretation of Part I

      1. 41.Application of Part I to registered land

      2. 42.Application of Part I to the Crown and the Duchy of Cornwall

      3. 43.Application of Part I to Forest of Dean

      4. 44.Interpretation of Part I

      5. 45.Application of Part I to Scotland

  3. PART II Reduction in number of coal-mining undertakings

    1. 46.Transfer to the Commission of functions of the Coal Mines Reorganisation Commission

    2. 47.Duty of the Commission to reduce number of coalmining undertakings where necessary in interests of efficiency

    3. 48.Powers of the Commission as to obtaining information for purposes of Part II

    4. 49.Exemption from stamp duty in respect of amalgamation or absorption schemes and instruments executed thereunder

  4. PART III Amendment and continuance of Part I of the Coal Mines Act, 1930

    1. 50.Amendment and continuance of Part I of 20 and 21 Geo. 5. c. 34

  5. PART IV Miscellaneous and General

    1. 51.Acquisition of sites for pithead baths, and &c

    2. 52.Right to inspection and copies of Commission's plans of working

    3. 53.Prevention of disclosure of information

    4. 54.Liability of directors, and c. of bodies corporate for offences

    5. 55.Service of notices, and c

    6. 56.Powers as to inquiries, and c

    7. 57.Reports to Board of Trade

    8. 58.Short title and extent

  6. SCHEDULES

    1. FIRST SCHEDULE

      Constitution and procedure of the Coal Commission

      1. 1.The Commission shall consist of a chairman and four other...

      2. 2.At least two of the members of the Commission shall...

      3. 3.The appointment of a member of the Commission shall, subject...

      4. 4.A person shall be disqualified for being appointed or being...

      5. 5.A person shall be disqualified for being appointed or being...

      6. 6.A member of the Commission shall, within three months after...

      7. 7.It shall not be lawful for a member of the...

      8. 8.If a member of the Commission becomes disqualified for holding...

      9. 9.The Commission shall appoint a secretary and such other officers,...

      10. 10.There shall be paid out of the revenues of the...

      11. 11.The Commission may act notwithstanding a vacancy in their number,...

      12. 12.The seal of the Commission shall be authenticated by the...

      13. 13.Every document purporting to be an order or other instrument...

      14. 14.Subject to the provisions of this Schedule, the Commission shall...

      15. 15.In this Schedule the expression " securities " includes shares,...

    2. SECOND SCHEDULE

      Provisions for defining Property and Rights with which, and Matters subject to which, Coal is to be acquired

      1. PART I

        1. General

          1. 1.The conveyance of any coal or mine of coal to...

          2. 2.(1) In a case in which any of the conveying...

          3. 3.A person having an interest vested in him without power...

      2. PART II

        1. Vesting of rights to withdraw support

          1. 4.The following provisions of this Part of this Schedule shah...

          2. 5.In a case in which the fee simple in the...

          3. 6.(1) In a case in which the fee simple in...

          4. 7.(1) Any person interested in land damaged by the working...

      3. PART III

        1. Application to Scotland

          1. 8.This Schedule shall apply to Scotland, subject to the following...

    3. THIRD SCHEDULE

      Provisions as to Compensation payable under Section Six of this Act

      1. PART I Preliminary

        1. Units for Compensation Purposes

          1. 1.Subject to the provisions of paragraph 2 of this Schedule,...

          2. 2.(1) If the estate owner in respect of a unit...

        2. Constitution of Valuation Boards

          1. 3.(1) There shall be a Central Valuation Board consisting of...

          2. 4.(1) There shah be a Regional Valuation Board for each...

          3. 5.(1) The Board of Trade shall, after consultation with the...

      2. PART II Provisions as to Registration under the Registration Act

        1. 6.In order for compensation to be payable under section six...

        2. 7.For the purposes of proceedings for registration taken under the...

        3. 8.(1) In the case of a holding in respect of...

      3. PART III Valuation

        1. Claims and Valuation Proceedings

          1. 9.(1) In order for compensation to be payable under section...

          2. 10.(1) In the case of each holding in respect of...

          3. 11.(1) The claimant in respect of a holding must deliver...

          4. 12.(1) Within the prescribed period after service upon him by...

          5. 13.In the valuation of a holding regard shall be had...

          6. 14.The Central Valuation Board shall have power to make, with...

        2. Costs of Valuation Proceedings

          1. 15.(1) Subject to the provisions of this paragraph and of...

        3. Certification of values for purposes of payment of compensation

          1. 16.(1) When a Regional Valuation Board have settled the valuations...

          2. 17.(1) So soon as may be after the Commission have...

      4. PART IV Payment and disposal op Compensation

        1. Ascertainment of person entitled

          1. 18.For the purposes of any provision of this Act under...

        2. Payments on account

          1. 19.(1) At any time before the vesting date, or after...

          2. 20.(1) If in the case of any valuation region the...

        3. Disposal of compensation as between beneficial interests

          1. 21.(1) The compensation for a holding when paid by the...

        4. Costs of payment and disposal

          1. 22.(1) Subject to the provisions of this paragraph and of...

      5. PART V Application to Scotland

        1. 23.The foregoing provisions of this Schedule shall apply to Scotland,...

    4. FOURTH SCHEDULE

      Lease Consolidation Schemes

      1. 1.(1) A lease consolidation scheme, and the single lease to...

      2. 2.(1) The said lease shall be a lease granted, in...

      3. 3.A lease consolidation scheme must— (a) specify a date on...

      4. 4.At least six months before the date specified in a...

      5. 5.(1) The standard amount of rent in respect of any...

      6. 6.If any person upon whom a copy of a lease...

      7. 7.(1) It shall be the duty of each person whose...

      8. 8.(1) The person entitled by virtue of the provisions inserted...

      9. 9.(1) The costs reasonably incurred in giving effect to the...

    5. FIFTH SCHEDULE

      Grant of leases to freeholders of coal carrying on coal-mining business

      1. 1.Where application has been duly made to the Commission for...

      2. 2.(1) Where the premises to be demised are at the...

      3. 3.A person to whom a copy of a draft has...

      4. 4.Subject to any agreement between the parties named in the...

      5. 5.Subject as aforesaid the procedure for giving effect to the...

      6. 6.The costs reasonably incurred in giving effect to the provisions...

    6. SIXTH SCHEDULE

      Amendments of 20 & 21 Geo. 5. c. 34, s. 13

      1. 1.In section thirteen, after subsection (1) thereof, there shall be...

      2. 2.For subsection (2) of the said section thirteen there shall...

      3. 3.Subsection (4) of the said section thirteen is hereby repealed....

    7. SEVENTH SCHEDULE

      Amendments of 20 & 21 Geo. 5. c. 34, ss. 5 and 8

      1. 1.After subsection (1) of section five there shall be inserted...

      2. 2.In subsection (2) of section five, after the words "...

      3. 3.For subsection (3) of section five there shall be substituted...

      4. 4.At the end of subsection (5) of section five the...

      5. 5.In subsection (7) of section five the words " subject...

      6. 6.In subsection (8) of section five for the words from...

      7. 7.After subsection (8) of section five there shall be inserted...

      8. 8.In subsection (9) of section five for the words from...

      9. 9.At the end of section five the following subsection shall...

      10. 10.In section eight after the words " executive board "...

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