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The Coal Industry Nationalisation (Superannuation) Regulations 1950

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4.—(1)  As from the relevant date every scheme and other arrangement and every regulating instrument in connection therewith which relates exclusively to—

(a)persons, who have been in transferred employment before the primary or other relevant vesting date and to whom paragraph (1) or paragraph (2) of regulation three applies (other than persons referred to in paragraph (6) of this regulation);

(b)persons, other than as aforesaid and other than persons referred to in the said paragraph (6), taken into the employment of the Board before the commencement of the Act of 1949 being persons who had been in employment in or in connection with coal industry activities or transferred allied activities;

and whereby pensions, gratuities or other like benefits are provided for them or other persons by reference to their employment (in these regulations referred to as “an exclusive scheme”) shall unless the context otherwise requires have effect—

(i)as if references to the Board were substituted for references to the employer of such a person;

(ii)as if references to the Board were substituted for references to the directors of an employer being a company;

(iii)as if references to a member, or corresponding officer, of the Board were substituted for references to a director, or officer, of an employer;

(iv)as if references to a “financial year” meant a “financial year of the Board” as defined in subsection (1) of section sixty-three of the Act of 1946; so however that that expression shall mean, in relation to the current financial year at the relevant date, that year but ending at the end of the then current financial year of the Board;

(v)as if references to the ownership of a colliery or collieries in a specified district included references to a colliery or collieries owned by the Board in that district, or in any district corresponding to or comprising that district, by whatsoever name that district may be called or described.

(2) If any exclusive scheme provides for the appointment of a trustee or trustees to represent the employer, the Board may appoint any person or persons as trustee or trustees to represent the Board; but unless another person or other persons are so appointed the person or persons who are trustees at the relevant date shall without prejudice to his or their right (if any) to retire, remain trustees.

(3) In any case in which an exclusive scheme provides for an office being held by a person bearing a description not applicable to the Board, the Board shall determine their office who is to hold such office.

(4) Any provision in an exclusive scheme which authorises or requires an account to be with a particular bank shall be construed as if, in addition, it enabled such account to be with any other bank specified by the Board.

(5) Provisions in any exclusive scheme limiting the eligibility for membership of the scheme to the employees, or specified classes or descriptions of employees, of a particular employer shall, as from the relevant date, be construed as limiting that eligibility to the employees, or the specified classes or descriptions of employees, employed at the undertaking which formerly comprised the concern of that employer, and to persons who were so employed immediately before the relevant date.

(6) The persons excepted from paragraph (1) of this regulation are any persons who were employed by a colliery concern engaged in the working and getting of coal comprised in a mine of the class specified in paragraph (a) of subsection (2) of section thirty-six of the Act of 1946 if before the expiration of six months from the relevant date the Board granted a licence under the said subsection (2) authorising the working and getting of coal from that mine by that concern and they continued to work after the relevant date at that mine and were employed thereat by that concern.

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