Coal Industry Act 1977

Finance

Borrowing powers of National Coal Board

1

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Grants for promoting sale of coal to Electricity Boards

2

Grants in connection with stocks of coal or coke

3

• (1) The Secretary of State with the approval of the Treasury may, out of money provided by Parliament, make grants in accordance with this section to the Board, or to any other person to whom this section applies, towards any cost incurred by that person in building up and maintaining stocks of coal or coke.

• (2) This section applies to any person who carries on in Great Britain a business which consists wholly or mainly of the production of coal or coke.

• (3) The costs in respect of which grants may be made to the Board under this section shall include those incurred by the Board in enabling stocks of coal or coke to be built up and maintained by the following of the Board's customers, namely, the Central Electricity Generating Board, the South of Scotland Electricity Board and the British Steel Corporation.

• (4) For the purposes of this section no account shall be taken of any stocks of coal or coke for the time being owned by the person eligible for grant except in so far as they exceed such quantity as the Secretary of State may determine.

• (5) In applying subsection (4) above, so much of the stocks held at any time by the customers mentioned in subsection (3) above as has been supplied by the Board but not paid for is to be treated as, or as having been, owned at that time by the Board.

• (6) For the purposes of this section any wholly owned subsidiary of the Board shall be regarded as if its undertaking formed part of the Board's undertaking, and any costs incurred by it in building up and maintaining stocks of coal or coke were costs incurred by the Board.

• (7) Grants under this section may be made subject to such conditions as the Secretary of State with the approval of the Treasury may determine.

• (8) Grants may be made under this section towards costs incurred in the relevant period denned in section 5 of this Act, subject to the limit in that section.

Grants in respect of coking coal

4

Limit on grants under sections 2, 3 and 4

5

Grants in connection with pit closures

6

Payments to redundant workers

7

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Regional grants

8

Other provisions

Activities relating to petroleum

9

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Activities relating to minerals other than coal or petroleum

10

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Overseas activities

11

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Pensions

12

• (1) In section 37 of the Act of 1946 (regulations about pension schemes) after subsection (1) insert the following subsection—

(1A) Regulations may be made for providing pensions, gratuities and other like benefits in favour of persons specified in the Table in Schedule 2A to this Act, and references in subsection (1)(c) above to the purposes of paragraphs (a) and (b) of that subsection shall include references to the purposes of this subsection.

• (2) After Schedule 2 to the Act of 1946 insert, as Schedule 2A, the provisions set out in Schedule 3 to this Act.

Administrative expenses

13

Any administrative expenses incurred by the Secretary of State for the purposes of this Act shall be paid out of money provided by Parliament

Interpretation

14

• (1) In this Act—

• “the Act of 1946” means the Coal Industry Nationalisation Act 1946;

• “the Act of 1965” means the Coal Industry Act 1965;

• “the Act of 1971” means the Coal Industry Act 1971;

• “the Act of 1973” means the Coal Industry Act 1973;

• “the Act of 1976” means the National Coal Board (Finance) Act 1976;

• “the Board” means the National Coal Board;

• “ the Corporation ” means the British Coal Corporation;

• “wholly owned subsidiary” shall be construed in accordance with section 736 of the Companies Act 1985.

• (2) Except so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment.

Amendments and repeals

15

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Citation, commencement and extent

16

• (1) This Act may be cited as the Coal Industry Act 1977, and the Coal Industry Acts 1946 to 1976 and this Act may be cited together as the Coal Industry Acts 1946 to 1977.

• (2) This Act shall come into force at the expiration of a period of one month beginning with the date on which this Act is passed.

• (3) This Act does not extend to Northern Ireland, but without prejudice to the provisions of this Act relating to activities of the Board outside Great Britain.

SCHEDULE 1

Part I

Section 1 of the Act of 1965 as amended

1

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Section 2 of the Act of 1973 as amended

2

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Part II

Section 1 of the Act of 1965 is set out as amended by—

Section 2 of the Act of 1973 is set out as amended by this Act.

SCHEDULE 2

1

• (1) In section 6 of this Act "relevant expenditure" means expenditure, determined in such manner as may, with the approval of the Treasury, be agreed between the Secretary of State and the Board, on any of the following, namely—

• (i) payments under the Redundancy Payments Act 1965, so far as those payments exceed any sums received by the Board in consequence thereof under that Act, and payments under any scheme for comparable purposes made under section 37 of the Act of 1946 ;

• (ii) payments in respect of loss of superannuation and employment prospects ;

• (iii) payments by way of contributions to superannuation funds maintained by virtue of the said section 37 in respect of any increase in the cost of retirement benefits paid before normal retiring age ;

• (iv) payments to persons in the employment of the Board whose place of employment is changed, and who in consequence change their place of residence in connection with the removal, and resettlement of those persons with or without their dependants ;

• (v) the provision of housing for such persons as are mentioned in head (iv) above ;

• (vi) the provision of travelling allowances or transport services for persons employed by the Board whose place of employment is changed;

• (vii) the temporary supplementation of the earnings of persons employed by the Board whose work or place of employment is changed in consequence of the closure of, or of part of, a pit;

• (viii) the maintenance of existing social welfare activities within the meaning of the Miners' Welfare Act 1952, or of existing arrangements for the provision of benefits in kind in areas where the number of persons employed by the Board has fallen since the end of March 1965 as the consequence of the closure of collieries.

• (2) Head (iii) above shall not include contributions in respect of any increase in the cost of retirement benefits where those contributions are reimbursed by the Secretary of State under section 4 of the Act of 1967.

2

• (1) References in section 6 of this Act to expenditure for any year shall be construed as references to expenditure actually incurred in that year, except as provided by the following provisions of this paragraph.

• (2) The Secretary of State and the Board may, with the approval of the Treasury, agree—

• (a) that expenditure to be incurred in pursuance of obligations undertaken by the Board in any year to make payments over periods extending beyond that year shall, to such extent as may be so agreed, be treated for the purposes of the said section as expenditure in that year of an amount greater than that actually incurred determined in such manner as may be so agreed, and

• (b) that, in lieu of any expenditure incurred in connection with the provision of housing by the Coal Industry Housing Association, the Board shall be deemed to have incurred such obligations involving such expenditure as would, according to the agreement, have been incurred by the Board if that housing had been provided by a local authority.

• (3) In this paragraph "year" means a financial year of the Board.

SCHEDULE 3

Schedule 4

Coal Industry Nationalisation Act 1946 (c. 59)

1

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Coal Industry Act 1967 (c. 91)

2

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3

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Coal Industry Act 1971 (c. 16)

4

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National Coal Board (Finance) Act 1976 (c. 1)

5

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Schedule 5

Part I — Grants for Pit Closures

Part II — Other Repeals

Borrowing powers of National Coal Board.

Section 2 of the Act of 1973 is set out as amended by this Act.

To be inserted in the Act of 1946 as Schedule 2A

Coal Industry Nationalisation Act 1946 (c.59)

Editorial notes

[^c802257]: For extent of this Act see s. 16

[^c802263]: Ss. 2, 3 repealed by Coal Industry Act 1983 (c. 60, SIF 86), s. 2(3), Sch.

[^c802264]: S. 4 repealed by Coal Industry Act 1980 (c. 50, SIF 86), s. 11(2)

[^c802265]: S. 5 repealed by Coal Industry Act 1980 (c. 50, SIF 86), s. 11(2)

[^c802266]: S. 6 repealed, but without prejudice to the payment of any grant under that section in respect of relevant expenditure actually incurred during any period specifically in subsection (3) of that section, by Coal Industry Act 1987 (c. 3, SIF 86), ss. 4(1), 10(3), Sch. 3 Pt. I

[^c802296]: S. 8 repealed by Coal Industry Act 1980 (c. 50, SIF 86), ss. 5, 11(2)

[^c802304]: S. 9 restricted (31.10.1994) by 1994 c. 21, ss. 11(6)(b), 68(2), (with ss. 40(7), 66); S.I. 1994/2553, art. 2

[^c802305]: S. 9(1)-(4) repealed (31.10.1994) by 1994 c. 21, ss. 67, 68(2), Sch. 11 Pt. II (with ss. 40(7), 66); S.I. 1994/2553, art. 2

[^c802368]: The text of ss. 1(1)(2), 11(8), 12(1)(2), 15(1)(2), Schs. 1, 3, 4 paras. 1(1)—(7), 2, 3, Sch. 5 Pts. I, II is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c802375]: 1946 c. 59.

[^c802376]: 1965 c. 82.

[^c802377]: 1971 c. 16.

[^c802378]: 1973 c. 8.

[^c802379]: 1976 c. 1.

[^c802380]: Definition inserted by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 34(3)

[^c802381]: Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

[^c802382]: Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 144(4), Sch. 18 para. 18 (subject to the transitional provisions referred to in S.I. 1990/1392, arts. 2, 6)

[^c802404]: Sch. 2 repealed (with saving) by Coal Industry Act 1987 (c. 3, SIF 86), s. 10(3), Sch. 3 Pt. I note

[^c802405]: The text of ss. 1(1)(2), 11(8), 12(1)(2), 15(1)(2), Schs. 1, 3, 4 paras. 1(1)—(7), 2, 3, Sch. 5 Pts. I, II is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c802419]: Sch. 4 para. 1(5) repealed (5.7.1994) by 1994 c. 21, ss. 67, Sch. 11 Pt. I (with ss. 40(7), 66)

[^c802441]: Sch. 4 para. 4 repealed by Overseas Development and Co-operation Act 1980 (c. 63, SIF 88), Sch. 2 Pt. I