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Miners’ Welfare Act 1952

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3 Definition of colliery welfare property.E+W+S

(1)In this Act “colliery welfare property” means property representing an application of moneys standing to the credit of the miners’ welfare fund, being property used for purposes conducive to the welfare of persons employed in or about coal mines in matters affecting their employment as such, and in particular—

(a)includes property representing such an application which is used for purposes described in Part I of the First Schedule to this Act;

(b)does not include property which is used for purposes described in Part II of that Schedule.

(2)In determining for the purposes of this section whether any property representing an application of such moneys as aforesaid is colliery welfare property—

(a)no account shall be taken of the occasional use of any building or other land for a purpose different from the purpose for which it is normally used, or of any use of a part of any building for a purpose different from the main purpose or purposes for which the building as a whole is used;

(b)any building or other land which is for the time being let, and any investments or money, shall be treated as used for the purposes for which the rents, profits, dividends or interest are applied; and

(c)any property which is not for the time being used for any purpose shall be treated as used for the purposes prescribed by any trust or agreement to which it is subject, or, where more than one purpose is so prescribed, for the main or primary purpose so prescribed.

(3)In this Act “property representing an application of moneys standing to the credit of the miners’ welfare fund” means moneys allocated from that fund, property purchased out of such moneys or resulting from the conversion of property so purchased, and property resulting from the carrying on of any undertaking established in pursuance of any trusts or agreement relating to such moneys or property as aforesaid.

(4)The provisions of this Act shall apply to, and to any equipment provided for use in, any building which, if constructed or completed and used for the purpose for which it is designed, would be colliery welfare property, and to any rights, liabilities or obligations of the Commission under any contract for the construction of such a building, or any contract relating to any such equipment as if the building or equipment were colliery welfare property.

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