The Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1973

Definitions

1.  In this Schedule, unless the context otherwise requires:—

“the basic benefit” means the total amount payable under Article 5;

“the Board” means the National Coal Board;

“the Coal Industry (Ancillaries) Staff Superannuation Scheme” means the Coal Industry (Ancillaries) Staff Superannuation Scheme established by an interim trust deed made by NCB (Ancillaries) Ltd. and NCB (Coal Products) Ltd. dated 2nd July 1973;

“the Coal Industry Ancillary Workers Pension Scheme” means the Coal Industry Ancillary Workers Pension Scheme established by an interim trust deed made by NCB (Ancillaries) Ltd. and NCB (Coal Products) Ltd. dated 2nd July 1973;

“coal industry employee” has the meaning assigned thereto in Article 2;

“coal industry employer” in relation to any person employed by the Board, by one of their subsidiaries or by a small mine licensee means the Board, that subsidiary or the small mine licensee as the case may be, and in relation to any person who is a workmen's employee means the person or persons responsible for the payment of such person's remuneration;

“concessionary coal” has the meaning assigned thereto in section 3(5) of the Act;

“disablement pension” means disablement pension under the National Insurance (Industrial Injuries) Act 1965;

“earnings-related supplement” means an increase of unemployment or sickness benefit under section 2 of the National Insurance Act 1966 (benefit by way of an earnings-related supplement) but not such an increase as is referred to in section 2(6) of that Act (benefit payable to a widow);

“the former Schemes” means the Redundant Mineworkers Payments Scheme 1968 contained in the Schedule to the Redundant Mineworkers (Payments Scheme) Order 1968 as amended and the Redundant Mineworkers Payments Scheme 1972 contained in the Schedule to the Redundant Mineworkers (Payments Scheme) Order 1972;

“house” has the same meaning as in section 58(1) of the Housing (Financial Provisions) Act 1958;

“industrial accident” means any accident arising out of or in the course of employment;

“industrial disease” means any disease or personal injury for the time being prescribed under section 56 of the National Insurance (Industrial Injuries) Act 1965;

“injury benefit” means industrial injury benefit under the National Insurance (Industrial Injuries) Act 1965;

“invalidity benefit” and “invalidity pension” mean respectively invalidity benefit and invalidity pension under the National Insurance Act 1971;

“Mineworkers' Pension Scheme” means the Mineworkers' Pension Scheme established by the Board under powers conferred by the Coal Industry Nationalisation (Superannuation) Regulations 1950(1))

“pre-redundancy earnings” means in relation to any person that person's average weekly earnings as a coal industry employee during the relevant tax year in the grade in which he was employed at the relevant date if he was so employed during that year and had earnings from that employment in not less than 13 weeks of that year, but otherwise the average weekly earnings which it is calculated he would have had if he had been so employed during the whole of that year having such regard as the Secretary of State may consider appropriate to the average weekly earnings of other coal industry employees who were employed in the same grade by that same employer throughout the relevant tax year;

“prescribed place” means a place of a class specified in Appendix 1;

“redundant person” has the meaning assigned thereto in Article 4;

“the relevant date” has the same meaning as in sections 3(4) or 4(2) of the Redundancy Payments Act 1965 as the case may be;

“the relevant tax year” means the last complete income tax year before the relevant date;

“sickness benefit” means sickness benefit under the National Insurance Act 1965;

“self-employed” means a self-employed person for the purposes of section 1(2)(b) of the National Insurance Act 1965 (description and classification of insured persons);

“small mine licensee” means any individual working coal by virtue of the grant of a gale in the Forest of Dean or in any other part of the Hundred of St. Briavels and any person or body of persons for the time being engaged in coal mining activities by virtue of a licence granted by the Board under section 36(2)(a) of the Coal Industry Nationalisation Act 1946;

“special hardship allowance” means an increase of disablement pension under section 14 of the National Insurance (Industrial Injuries) Act 1965 (increase of disablement pension in cases of special hardship);

“the Staff Superannuation Scheme” means the National Coal Board Superannuation Scheme established by the Board under powers conferred by the Coal Industry Nationalisation (Superannuation) Regulations 1946(2);

“subsidiary” shall be construed in accordance with section 154 of the Companies Act 1948;

“supplementary allowance” means supplementary allowance under the Ministry of Social Security Act 1966;

“the Supplementary Benefits Commission” has the same meaning as in section 3 of the Ministry of Social Security Act 1966;

“supplementary pension” means supplementary pension under the Ministry of Social Security Act 1966;

“unemployment benefit” means unemployment benefit under the National Insurance Act 1965;

“week” means a period of seven days beginning with midnight between Saturday and Sunday;

“workmen's employee” means any person who is employed at a coal mine or a prescribed place being a person remunerated out of moneys provided by deductions from the wages of or contributions by employees of a coal industry employer;

“year” means a period of 52 weeks;

and references to any enactment, order, regulation or scheme shall be construed as references to the same as amended from time to time.

(1)

(1950 I, p. 356).

(2)

(1946 I, p. 282).