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Coal Act 1943

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This is the original version (as it was originally enacted).

1Retained interests of persons working minerals other than coal

Notwithstanding anything in paragraph (b) of subsection (2) of section five of the principal Act (which provides that interests arising under a coal mining lease shall not be retained interests where neither the lessee nor any person claiming under him is a person carrying on the business of coal mining and having a substantial beneficial interest in the exercise of the rights conferred by the lease), interests arising under a coal mining lease, where at the vesting date the lessee or some person claiming under him had a substantial beneficial interest in the exercise of the said rights but was not carrying, on the business of coal mining, shall be, and be deemed always to have been, retained interests, if—

(a)a substantial part of the business of the lessee or the said person, as the case may be, consisted at the vesting date of getting (whether by underground or surface working) and carrying away minerals or substances, other than coal, in or under land ; and

(b)no claim for compensation in respect of the interests so arising has been made under section seven of the principal Act.

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