Legalize / United Kingdom / Public General Act

Coal Industry Act 1994

Type Public General Act

Publication 1994-07-05

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(1) The power to make health and safety regulations shall include power, in relation to any requirement of any such regulations that a person carrying on coal-mining operations is to be a participant in a mine rescue scheme approved by the Secretary of State, to provide—

(a) for approval to be given to or withdrawn from any scheme only after such consultation as may be specified or described in the regulations; and

(b) for the approved schemes to be confined to those which appear to the Secretary of State to be such as secure that it is reasonably practicable for every licensed operator who is required to do so to participate, on reasonable terms, in an approved scheme.

(2) In subsection (1) above the references to a mine rescue scheme are references to any scheme or other arrangements the participants in which are entitled, in an emergency, to the services of persons with the expertise and equipment required for rescuing individuals from underground.

(3) In subsection (1) above “health and safety regulations” means regulations under section 15 of the Health and Safety at Work etc. Act 1974; and the preceding provisions of this section shall be without prejudice to the generality of any provisions of that Act as to the matters that may be included in any such regulations.

Registration of rights

56

(1) The Authority shall establish and maintain a register in which it shall enter particulars of—

(a) every notice under section 38 above a copy of which is sent to the Authority by the person giving it;

(b) every notice published under section 2 of the 1975 Act (notices conferring right for Corporation to withdraw support) a copy of which has been supplied to the Authority by the Corporation;

(c) every public notice under paragraph 6(2) of Schedule 2 to the Coal Act 1938 (withdrawal of support) a copy of which has been supplied to the Authority by the Corporation;

(d) every notice given by the Authority under section 41 above;

(e) every notice given for the purposes of section 49 above a copy of which is sent to the Authority by the person giving it;

(f) every notice published under section 3 of the 1975 Act (notices conferring right for the Corporation to work coal in copyhold land) a copy of which has been supplied to the Authority by the Corporation;

(g) every notice sent to the Authority under paragraph 9 of Schedule 7 to this Act and so much of any information known to the Authority as—

(i) relates to any compensation paid under section 3(4) of the 1975 Act or to any agreement for the purposes of paragraph 8 of Schedule 2 to the 1975 Act, and

(ii) is information which, in the case of any compensation or agreement under or for the purposes of Part I of Schedule 7 to this Act, would fall to be included in such a notice;

(h) the following, that is to say—

(i) every compulsory rights order under the Opencast Coal Act 1958,

(ii) every order under section 15 or 16 of that Act (rights of way, drainage and water supply), and

(iii) every designation under section 39 of that Act,

in so far as it is an order or designation made by the Authority or an order or designation of which a copy has been supplied to the Authority by the Corporation;

(i) every confirmation of an order mentioned in paragraph (h)(i) or (ii) above and every notice or other document for the purposes of that Act of 1958 which is, or a copy of which is, sent to the Authority under that Act or a copy of which has been supplied to the Authority by the Corporation; and

(j) every agreement entered into with a local planning authority (within the meaning of that Act of 1958) for the purposes of section 15(5) of that Act (agreements as to the restoration of a right of way).

(2) Where a copy of any notice under section 38 above is sent to the Authority more than fourteen days before the end of the period of three months mentioned in subsection (3)(a) of that section, the duty of the Authority, subject to subsection (3) below, to enter particulars of that notice in the register maintained under this section shall be discharged before the end of that period of three months.

(3) The Authority shall not enter in the register maintained under this section any particulars of—

(a) any notice under section 38 above, or

(b) any notice given for the purposes of section 49 above on or after the restructuring date,

unless it is satisfied that the notice has been properly given in accordance with the requirements of this Act and, in the case of a notice under section 38 above, that the requirements of section 39(4) above have been complied with in relation to that notice.

(4) It shall be the duty of the Authority to preserve a copy of every document particulars of which are, by virtue of subsection (1) above, for the time being entered in the register maintained under this section.

(5) If any person furnishes the Authority with any information for the purposes of this section which he knows to be false in a material particular or recklessly furnishes the Authority with any information for those purposes which is false in a material particular, he shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(6) References in this section to the supply to the Authority by the Corporation of a copy of any document include references to the transfer in accordance with a restructuring scheme of possession of the document itself or of any copy of that document.

Part IV — General and Supplemental

Information provisions

Public access to information held by the Authority

57

(1) This section applies to the information contained in any register maintained by the Authority under section 35 or 56 above and to any of the following information which is for the time being in the possession of the Authority, that is to say—

(a) information about the geological or physiographical features or characteristics of any land in which any unworked coal or any coal mine is situated or of any other land;

(b) information about the identity of the persons in whom interests and rights in or in relation to any unworked coal or any coal mine have been vested;

(d) any other information about proposals for the carrying on by any person of any coal-mining operations;

(e) information about any subsidence or subsidence damage or about claims made under the 1991 Act; and

(f) information about such other matters as the Secretary of State may by regulations prescribe for the purposes of this section.

(2) Subject to subsections (3) and (4) below, it shall be the duty of the Authority to establish and maintain arrangements under which every person is entitled, in such cases, on payment to the Authority of such fee and subject to such other conditions as the Authority may consider appropriate—

(a) to be furnished with any information to which this section applies;

(b) to have the contents of so much of the records maintained by the Authority as contains any information to which this section applies made available to him, at such office of the Authority as it may determine, for inspection at such times as may be reasonable; and

(c) to make or be supplied with copies of, or of extracts from, so much of the records maintained by the Authority as contains any information to which this section applies.

(3) Subject to subsection (5) below, nothing in this section shall require or authorise the disclosure by the Authority of any information which—

(a) relates to the affairs of an individual or specifically to the affairs of any body of persons (whether corporate or unincorporate), including the Authority itself, and

(b) is not contained in a register maintained under section 35 or 56 above,

if the disclosure of that information would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or, as the case may be, of that body.

(4) Subject to subsection (5) below, nothing in this section shall require or authorise the disclosure by the Authority, without the consent of the person to whom the Authority owes the obligation of confidence, of any information which—

(a) has been furnished to the Authority—

(i) in pursuance of the provisions of a licence under Part II of this Act;

(ii) in pursuance of any provisions of an agreement entered into in connection with, or with any proposals for, the carrying on of any activities in the course of any exploration for coal or of any activities for which a licence under section 3 of the Petroleum Act 1998 is required; or

(iii) for the purposes of any application to the Authority for the grant of a licence under Part II of this Act, for the making of such an agreement or for the transfer or creation of any interests or rights in or in relation to any land;

and

(b) under the provisions of the licence under Part II of this Act, of that agreement or of any undertaking given by the Authority to the applicant for the purposes of that application, is to be treated as subject to an obligation of confidence owed by the Authority to any other person.

(5) The information that is to be excluded by virtue of subsections (3) and (4) above from the information which is to be made available to any person in pursuance of arrangements under this section shall not include any information of a description that appears to the Authority to comprise information relating to matters which are or may be relevant to the safety of members of the public or of any particular individual or individuals other than the person whose consent is required for its disclosure.

(6) For the purposes of this section it shall be the duty of the Authority to maintain such records as it considers appropriate of any information which comes into its possession and is information to which this section applies.

(7) The power to make regulations for the purposes of this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In this section “records” includes registers, maps, plans and accounts, as well as computer records and other records kept otherwise than in documentary form.

Liability for inaccurate information furnished to the Authority

58

(1) This section applies where the conditions of a licence under Part II of this Act contain provision stating—

(a) that information of a specified description which is furnished to the Authority in pursuance of the conditions of the licence may be disclosed by the Authority for specified purposes in pursuance of arrangements under section 57 above; and

(b) that any information of that description that is disclosed by the Authority for any of those purposes is to be treated, for the purposes of this section, as information whose accuracy the operator has undertaken to secure.

(2) The licensed operator shall owe a duty to the Authority and to every person likely to be affected by any inaccuracy in information disclosed by the Authority for any of the specified purposes to exercise all due diligence to secure—

(a) that the Authority is furnished, in accordance with the conditions of the licence, with all the information of the specified descriptions which the operator is required by those conditions to furnish to the Authority; and

(b) that the information of those descriptions which is furnished by the operator to the Authority is accurate in every material particular.

(3) Where a duty is owed by any person to another person by virtue of subsection (2) above, any breach of that duty which causes that other person to sustain loss or damage shall be actionable against the person in breach at the suit or instance of the other person.

(4) A person shall not be liable for any breach of a duty mentioned in subsection (2) above except—

(a) in respect of a disclosure of information made by the Authority for a specified purpose; and

(b) to the Authority or the person to whom the disclosure was made.

(5) This section shall be without prejudice to the liability of any person for breach of the duty to comply with an enforcement order (within the meaning of Part II of this Act).

Information to be kept confidential by the Authority

59

(1) Subject to the following provisions of this section, it shall be the duty of the Authority to establish and maintain such arrangements as it considers best calculated to secure that information which—

(a) is in the Authority’s possession in consequence of either the carrying out of any of its functions or the transfer to the Authority, in accordance with a restructuring scheme, of any records, and

(b) relates to the affairs of any individual or to any particular business,

is not, during the lifetime of that individual or so long as that business continues to be carried on, disclosed to any person without the consent of that individual or, as the case may be, of the person for the time being carrying on that business.

(2) Nothing in subsection (1) above shall authorise or require the making of arrangements which prevent the disclosure of information—

(a) for the purpose of facilitating the carrying out by the Secretary of State, the Treasury or the Authority of any of his, their or, as the case may be, its functions under this Act;

(b) in pursuance of arrangements made under section 57 above;

(c) for the purpose of facilitating the carrying out by any relevant authority of any of the functions in relation to which it is such an authority;

(d) in connection with the investigation of any criminal offence or for the purposes of criminal proceedings;

(e) for the purposes of any civil proceedings brought under this Act or any relevant enactment, of any proceedings before the Upper Tribunal or the Lands Tribunal for Scotland under the 1991 Act or of any arbitration for which provision is made by regulations under section 47(2) above;or

(f) in pursuance of any Community obligation.

(3) For the purposes of this section—

(a) every Minister of the Crown and local weights and measures authority in Great Britain is a relevant authority in relation to his or, as the case may be, their functions under any relevant enactment;

(b) the Secretary of State, the Treasury , the Financial Conduct Authority and the Prudential Regulation Authority are relevant authorities in relation to their functions under the Financial Services and Markets Act 2000 , the Consumer Credit Act 1974 and the enactments relating to companies and insolvency;

(c) an inspector appointed under the enactments relating to companies, an official receiver and any recognised professional body for the purposes of section 391 of the Insolvency Act 1986 are relevant authorities in relation to their functions as such;

(d) every enforcing authority, within the meaning of Part I of the Health and Safety at Work etc. Act 1974, is a relevant authority in relation to its functions under any relevant statutory provision, within the meaning of that Act;

(dd) the Civil Aviation Authority is a relevant authority in relation to its functions under Part I of the Transport Act 2000; and

(e) the following are relevant authorities in relation to all of their functions, that is to say—

(i) the Comptroller and Auditor General;

(ii) the Health and Safety Executive ...;

(iia) the Office for Nuclear Regulation;

(iii) the National Rivers Authority;

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) the Competition and Markets Authority and the Director General of Electricity Supply;

(vi) the Scottish Environment Protection Agency.

(f) the Natural Resources Body for Wales is a relevant authority in relation to its relevant transferred functions (within the meaning of article 11 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903)).

(4) In subsections (2) and (3) above “relevant enactment” means any of the following, that is to say—

(a) the Trade Descriptions Act 1968;

(b) the Fair Trading Act 1973;

(d) Part II of the Control of Pollution Act 1974;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the Estate Agents Act 1979;

(h) the Competition Act 1980;

(i) the Consumer Protection Act 1987;

(j) the Electricity Act 1989;

(k) the Water Resources Act 1991;

(l) the Land Drainage Act 1991;

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) the Competition Act 1998;

(o) the Enterprise Act 2002;

(p) the Water Act 2003;

(q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising;

(s) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013;

(t) the Water Act 2014;

(u) the following provisions of the Digital Markets, Competition and Consumers Act 2024—

(i) Part 3;

(ii) Chapter 1 of Part 4;

(iii) Chapter 2 of Part 5.

(5) Nothing in any arrangements under this section shall—

(a) limit the matters which may be contained in a report under section 60 below or section 49 of the 1991 Act (report on operation of that Act); or

(b) restrict or prohibit the disclosure of any information which has already been made public—

(i) as part of such a report;

(ii) in pursuance of any arrangements under section 57 above;

(iii) under any provision of section 31 or 32 above or Part III of this Act requiring the publication of any notice or other matter; or

(iv) in the exercise of any power or the performance of any duty which is conferred or imposed on any person apart from this Act.

(6) The Secretary of State may by order made by statutory instrument modify subsections (2) to (5) above so as to add to or restrict the descriptions of disclosures which are to be excluded from any prohibition contained in arrangements under subsection (1) above; and the power to make an order under this subsection shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Subject to subsection (8) below, where any licence under Part II of this Act or any such undertaking as is mentioned in section 57(4)(b) above contains provision for any information furnished to the Authority to be treated as subject to such an obligation of confidence as restricts the disclosure or use of that information without the consent of the person to whom that obligation is to be owed—

(a) the requirement to comply with that obligation shall be a duty owed by the Authority to that person; and

(b) any such disclosure or use, in contravention of that provision, of any information as causes the person to whom it is owed to sustain loss or damage shall be actionable against the Authority at the suit or instance of that person.

(8) Subsection (7) above shall not apply, except in so far as the provisions of the licence or undertaking contain express provision to the contrary, to any disclosure of information which is for the time being excluded by virtue of subsections (2) to (5) above from the prohibition contained in arrangements under subsection (1) above.

(9) In this section “records” has the same meaning as in section 57 above.

Annual report of the Authority

60

(1) As soon as reasonably practicable after the end of each financial year the Authority shall prepare a report on its activities during that year and shall send a copy of that report to the Secretary of State.

(2) The Authority’s annual report—

(a) shall set out—

(i) all such directions under section 6 above, this section or Part II of Schedule 1 to this Act, and

(ii) all such determinations under that Part of that Schedule,

as have been given to it or made during the financial year to which the report relates;

(b) shall incorporate the statement of accounts prepared by the Authority in respect of the accounting year ending with the financial year in question, together with a copy of the report on those accounts which is required to be laid before Parliament under paragraph 15(4) of Schedule 1 to this Act; and

(c) shall otherwise be in such form, and contain such information, as may be specified in a direction given to it by the Secretary of State.

(3) The information contained in the Authority’s annual report shall not include any such information as falls to be excluded by virtue of subsection (3) or (4) of section 57 above from the information which is to be made available in pursuance of arrangements under that section.

(4) Nothing in subsection (3) above shall prevent the inclusion in the Authority’s annual report of any information which has already been made public by virtue of any provision of this Act or of any other enactment.

(5) In consequence of section 49 of the 1991 Act (report on operation of that Act), it shall not be necessary for the Authority’s annual report to include any report on the operation of that Act.

(6) As soon as reasonably practicable after he has received the Authority’s annual report for any financial year the Secretary of State shall lay a copy of it before each House of Parliament.

(7) It shall be the duty of the Authority—

(a) to arrange for copies of every annual report of the Authority to be published in such manner as it considers appropriate for securing that the information contained in it is available to the persons likely to be interested in it; and

(b) to send the Secretary of State such number of copies of the published report as he may require.

Report on financial assistance for coal-mining museums

61

As soon as reasonably practicable after the end of the period of three years beginning with the restructuring date, the Secretary of State shall prepare and lay before Parliament a report setting out particulars of—

(a) the financial assistance provided during that period to coal-mining museums, so far as it has involved the making of payments for that purpose to any person by the Secretary of State;

(b) the manner in which the provision of that financial assistance has been administered; and

Supplemental

Financial provisions

62

There shall be paid out of money provided by Parliament—

(a) any administrative expenses incurred by the Secretary of State or the Treasury in consequence of the provisions of this Act;

(b) any sums required by any Minister of the Crown or Government department for meeting obligations arising in consequence of that Minister or department becoming entitled or subject, in accordance with any restructuring scheme, to any property, rights or liabilities; and

Provisions relating to the service of documents

63

(1) Any document required or authorised by virtue of this Act to be served on any person may be served—

(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;

(b) if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary or clerk of that body; or

(c) if the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having the control or management of the partnership business;

and any document required or authorised by this Act to be served on the Authority or the Corporation may be served by leaving it at, or sending it by post to, any office of the Authority or, as the case may be, of the Corporation.

(2) For the purposes of this section and section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—

(a) in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body; and

(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom, is its principal office within the United Kingdom.

(3) If a person to be served by virtue of this Act with any document by another has specified to that other an address within the United Kingdom, other than his proper address (as determined in accordance with subsection (2) above), as one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as a proper address of that person for the purposes of this section and for the purposes of the said section 7 in its application to this section.

(4) References in this section to the service of a document on any person include references to the giving, making or sending to that person of any notice, direction, claim or request which is in writing.

(5) This section shall not apply to any document in relation to the service of which provision is made by rules of court.

Offences by bodies corporate etc

64

(1) Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, then he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3) Where any partnership in Scotland or any unincorporated association in Scotland which is not a partnership is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any partner in the partnership or, as the case may be, any person concerned in the management or control of the association, or

(b) any person purporting to act in any such capacity,

then he, as well as the partnership or association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Interpretation

65

(1) In this Act, except in so far as the context otherwise requires—

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

“the 1975 Act” means the Coal Industry Act 1975;

“the 1991 Act” means the Coal Mining Subsidence Act 1991;

“the Authority” means the Coal Authority;

“business” includes any trade or profession;

“coal” means bituminous coal, cannel coal and anthracite;

“coal mine” includes—any space excavated underground for the purposes of coal-mining operations and any shaft or adit made for those purposes,any space occupied by unworked coal, anda coal quarry and opencast workings of coal;

“coal-mining operations” includes—searching for coal and boring for it,winning, working and getting it (whether underground or in the course of opencast operations),bringing underground coal to the surface, treating coal and rendering it saleable,treating coal in the strata for the purpose of winning any product of coal and winning, working or getting any product of coal resulting from such treatment, anddepositing spoil from any activities carried on in the course of any coal-mining operations and draining coal mines,and an operation carried on in relation to minerals other than coal is a coal-mining operation in so far as it is carried on in relation to those minerals as part of, or is ancillary to, operations carried on in relation to coal;

“company” has the meaning given by section 1(1) of the Companies Act 2006;

“contravention” includes a failure to comply, and cognate expressions shall be construed accordingly;

“the Corporation” means the British Coal Corporation or, in relation to times before the commencement of section 1 of the Coal Industry Act 1987, the National Coal Board;

“debenture” includes debenture stock;

“the dissolution date” means the date appointed under section 23 above for the dissolution of the Corporation;

“financial year” means the twelve months ending with 31st March;

“holder”, in relation to a licence under Part II of this Act, means the following person (whether or not the authorisation contained in the licence remains in force), that is to say—in a case where there has been no such transfer in relation to that licence as is mentioned in section 27(5) above, the person to whom the licence was granted, andin any other case, the person to whom the rights and obligations of the holder of that licence were last transferred;

“interest”, in relation to land, includes estate;

“liability”, in relation to the transfer of liabilities from one person to another or to the modification of any liability, does not include any criminal liability;

“licensed operator” means any person who is for the time being either—authorised by a licence under Part II of this Act to carry on coal-mining operations to which section 25 above applies, orauthorised by virtue of subsection (3) of that section to carry on any such operations;

“modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;

“the restructuring date” means the date appointed as that date under section 7(1) above;

“restructuring scheme” means a scheme under section 12 above;

“securities”, in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company;

“shares” includes stock;

“subordinate legislation” has the same meaning as in the Interpretation Act 1978;

“subsidence damage” has the same meaning as in the 1991 Act;

“subsidiary” and “wholly-owned subsidiary” have the meanings given by section 1159 of the Companies Act 2006;

“successor company” means any company which, at a time when it is wholly owned by the Crown, becomes entitled or subject, in accordance with any restructuring scheme, to any property, rights or liabilities;

“undertaking”, in relation to the Corporation, includes the undertakings of its wholly-owned subsidiaries.

(2) References in this Act to the treatment of coal in the strata shall be taken not to include references to any operations which—

(a) are carried on in relation to coal in or to which any oil or gas that exists in its natural condition in the strata is absorbed or adsorbed; and

(b) are so carried on wholly for the purpose of winning or getting that oil or gas;

and in this subsection “oil or gas” means oil or gas within the meaning of section 9 above.

(3) References in this Act to the creation, in favour of any person, of an interest in property include references to the vesting in that person of a freehold or leasehold interest in property.

(4) For the purposes of this Act a company shall be regarded as wholly owned by the Crown at any time if it is—

(a) a company limited by shares in which there are at that time no issued shares held otherwise than by, or by a nominee of, the Treasury, the Secretary of State or any other company wholly owned by the Crown; or

(b) a company limited by guarantee of which no person other than the Treasury or the Secretary of State, or a nominee of the Treasury or the Secretary of State, is a member.

Crown application

66

(1) This Act shall have effect in relation to any land or other property in which there is a Crown or Duchy interest as it has effect in relation to land or other property in which there is no such interest.

(2) So much of this Act as contains provision for the modification of the rights or liabilities to which any person is or may become entitled or subject shall bind the Crown.

(3) Nothing in this section shall be taken as requiring a licence under Part II of this Act for the carrying on by or on behalf of the Crown of any coal-mining operations.

(4) Where this Act modifies any enactment in relation to which provision is made for its application to the Crown that differs from the provision made by this section, that provision, and not this section, shall have effect in relation to the modification.

(5) In this section “Crown or Duchy interest” means any interest belonging to Her Majesty or to the Duchy of Cornwall or any interest belonging to a Government department or held in trust for the purposes of a Government department.

(6) The references in subsection (5) above to a Government department shall, for the purposes of the application of this section to sections 4D to 4F of, and Schedule 1C to, this Act, be treated as including the holder of an office in the Scottish Administration which is not a ministerial office.

Amendments, transitional provisions, savings and repeals

67

(1) The enactments mentioned in Schedule 9 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the preceding provisions of this Act).

(2) The Secretary of State may by order made by statutory instrument make such consequential modifications of any provision contained in any Act passed before the relevant commencement date, or in any subordinate legislation made before that date, as appear to him necessary or expedient—

(a) in respect of any reference in that Act or subordinate legislation to the Corporation;

(b) in respect of any reference (in whatever terms) in that Act or subordinate legislation to a person carrying on coal-mining operations or to such operations;

(c) in respect of any reference in that Act or subordinate legislation to any enactment repealed or amended by this Act; or

(d) in the case of a provision contained in subordinate legislation, in respect of any other inconsistency between that subordinate legislation and this Act;

and in this subsection “the relevant commencement date”, in relation to any modifications, means the date of the coming into force of the provisions of this Act on which they are consequential.

(3) If it appears to the Secretary of State to be appropriate to do so—

(a) for the purposes of, or in consequence of, the coming into force of any enactment contained in this Act, or

(b) in consequence of the effect or operation at any time after the restructuring date of any such enactment or of anything done under any such enactment,

he may by order made by statutory instrument repeal, amend or re-enact (with or without modifications) any provision contained in any local Act (whenever passed), including, in the case of an order by virtue of paragraph (b) above, a provision amended by virtue of subsection (2) or paragraph (a) above.

(4) The power of the Secretary of State to make provision by an order under subsection (3) above shall include power—

(a) to provide for general modifications of local Acts of a specified description and for modifications making different provision for different cases;

(b) to make such supplemental, incidental, consequential and transitional provision as the Secretary of State considers appropriate in relation to any other provisions of such an order; and

(c) in the case of an order made after the restructuring date, to require provision contained in the order to be treated as if it came into force on that date.

(5) An order shall not be made under this section for modifying any public general Act unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(6) A statutory instrument containing an order under this section a draft of which is not required to have been laid before Parliament under subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) The transitional provisions and savings contained in Schedule 10 to this Act shall have effect; and those provisions and savings shall be without prejudice to sections 16 and 17 of the Interpretation Act 1978 (effect of repeals).

(8) The enactments mentioned in Schedule 11 to this Act (which include some enactments which are spent) are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent

68

(1) This Act may be cited as the Coal Industry Act 1994.

(2) The following provisions of this Act shall come into force on the restructuring date, that is to say—

(a) sections 10, 11, 18 and 23;

(b) sections 31 to 34 and section 36;

(d) Schedule 9, except (subject to the power to appoint the restructuring date under subsection (4) below) for so much of that Schedule as relates to—

(i) the Public Health Act 1961,

(ii) the Licensing Act 1964,

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) the Overseas Development and Co-operation Act 1980,

(vii) the National Audit Act 1983,

(viii) the Road Traffic Regulation Act 1984,

(ix) sections 315(4)(b) and 317 of the Town and Country Planning Act 1990, and

(x) the Leasehold Reform, Housing and Urban Development Act 1993;

(e) Part II of Schedule 11; and

(f) subsections (1) and (8) of section 67 so far as they relate to provisions coming into force on that date by virtue of paragraphs (d) and (e) above.

(3) The following provisions of this Act shall come into force on the dissolution date, that is to say—

(a) Schedule 9, so far as it relates to—

(i) the Public Health Act 1961,

(ii) the Overseas Development and Co-operation Act 1980,

(iii) the National Audit Act 1983,

(iv) the Road Traffic Regulation Act 1984, and

(v) the Leasehold Reform, Housing and Urban Development Act 1993;

(b) Part IV of Schedule 11; and

(c) subsections (1) and (8) of section 67 so far as they relate to provisions coming into force on that date by virtue of paragraphs (a) and (b) above.

(4) Apart from the provisions to which subsections (2) and (3) above apply and the provisions specified in subsection (6) below (which come into force on the passing of this Act), this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(5) An order under subsection (4) above may—

(a) appoint different days for different provisions and for different purposes; and

(b) make any such transitional provision (including provision modifying for transitional purposes any of the provisions of this Act or of any enactment amended or repealed by this Act) as the Secretary of State considers appropriate in connection with the bringing into force of any provision of this Act;

but, where an order under that subsection makes any such provision as is mentioned in paragraph (b) above, the statutory instrument containing the order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) The provisions of this Act mentioned in subsection (4) above are this section and—

(a) sections 7 to 9;

(b) sections 12 to 14 and 17 and Schedule 2;

(d) sections 62 to 66;

(e) section 67(2) to (6); and

(f) Part I of Schedule 11 to this Act and subsection (8) of section 67 so far as it relates to that Part of that Schedule.

(7) The following provisions of this Act do not extend to Scotland, that is to say—

(za) sections 4A to 4C and Schedules 1A and 1B;

(a) sections 49 and 50 and Schedule 7; and

(b) so much of Schedules 9 and 11 as relates to enactments extending to England and Wales only.

(7A) Sections 4D to 4F of, and Schedule 1C to, this Act extend to Scotland only.

(8) This Act, except for—

(a) sections 7 to 9, 12 and 13 and Schedule 2,

(b) sections 20 and 21 and Schedule 4,

(c) so much of Schedule 1 as amends the Parliamentary Commissioner Act 1967, the House of Commons Disqualification Act 1975 and the Northern Ireland Assembly Disqualification Act 1975,

(d) so much of Schedule 9 as amends any enactment that extends to Northern Ireland,

(e) the repeal, by virtue of their inclusion in Schedule 11, of—

(i) the entries relating to the Corporation in the Statutory Corporations (Financial Provisions) Act 1975, the House of Commons Disqualification Act 1975, the Northern Ireland Assembly Disqualification Act 1975 and the National Audit Act 1983,

(ii) the Coal Consumers’ Councils (Northern Irish Interests) Act 1962,

(iii) section 2(4) and (5) of the Overseas Development and Co-operation Act 1980 and the entry relating to the Corporation in Schedule 1 to that Act,

(iv) section 1(2) of the Continental Shelf Act 1964 and section 2(3) of the Territorial Sea Act 1987,

(v) so much of the Coal Industry Act 1987 as extends to Northern Ireland, and

(vi) the British Coal and British Rail (Transfer Proposals) Act 1993,

and

(f) so much of this Part as is required for the purpose of giving effect to the extension to Northern Ireland of the provisions mentioned in the preceding paragraphs,

does not extend to Northern Ireland.

(9) This Act extends to the Isle of Man for the purpose of giving effect there to the repeal by this Act of subsection (3) of section 2 of the Territorial Sea Act 1987, to paragraph 10 of Schedule 10 and to so much of any restructuring scheme or any agreement under section 13 above as relates to rights mentioned in that paragraph; and, subject to that paragraph, that repeal shall accordingly include the repeal of that subsection as it extends to the Isle of Man by virtue of the Territorial Sea Act 1987 (Isle of Man) Order 1991.

SCHEDULE 1

Part I — Organisation and Proceedings

Membership

1

(1) Subject to the following provisions of this paragraph, a member of the Authority shall hold and vacate office in accordance with the terms of his appointment.

(2) Any appointment of a person as a member of the Authority shall be for a term not exceeding five years, but a person who ceases to be such a member at the end of any such term shall be eligible for re-appointment.

(3) A member of the Authority may at any time by notice to the Secretary of State resign his office.

(4) The Secretary of State may remove a member of the Authority if he is satisfied—

(a) that that member has been absent from meetings of the Authority for a period of more than three consecutive months without the permission of the Authority;

(b) that that member has been made bankrupt, that his estate has been sequestrated , that a debt relief order has been made in respect of him or that he has made a composition or arrangement with, or granted a trust deed for, his creditors; or

Remuneration, pensions etc.

2

(1) The Authority shall pay to its members such remuneration, and such travelling and other allowances, as may be determined by the Secretary of State.

(2) The Authority shall, if so required by the Secretary of State, pay—

(a) such pension, allowances or gratuities to or in respect of a person who has been or is a member of the Authority, or

(b) such payments towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person,

as may be determined by the Secretary of State.

(3) If, when any member of the Authority ceases to hold office, the Secretary of State determines that there are special circumstances which make it right that that member should receive compensation, the Authority shall pay to him a sum by way of compensation of such amount as may be so determined.

(4) The approval of the Treasury shall be required for the making of a determination under this paragraph.

Staff

3

(1) The Authority may, with the approval of the Secretary of State as to terms and conditions of service, appoint such officers and employees as it may determine.

(2) No member of the Authority or other person shall be appointed by the Authority to act as its chief executive unless the Secretary of State has consented to the appointment of that person.

(3) The Authority may—

(a) pay such pensions, allowances or gratuities to or in respect of any persons who have been or are its officers or employees as it may, with the approval of the Secretary of State, determine;

(b) make such payments as it may so determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons; and

(c) provide and maintain such schemes as it may so determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any such persons.

(4) Any reference in sub-paragraph (3) above to pensions, allowances or gratuities to or in respect of any such persons as are mentioned in that sub-paragraph includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Authority’s officers or employees who suffer loss of office or employment or loss or diminution of emoluments.

(5) If any person—

(a) on ceasing to hold any office or employment with the Authority, becomes or continues to be one of its members, and

(b) was, by reference to his office or employment with the Authority, a participant in a pension scheme maintained by the Authority for the benefit of any of its officers or employees,

the Authority may, with the approval of the Secretary of State, make provision for him to continue to participate in that scheme, on such terms and conditions as it may with the consent of the Secretary of State determine, as if his service as a member were service as an officer or employee of the Authority; and any such provision shall be without prejudice to paragraph 2 above.

(6) In addition, service as an officer or employee of the Authority shall be included in the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (which lists the kinds of employment to which a scheme can apply), the following entry shall be inserted at the appropriate place in the list of “Other Bodies”, that is to say— “ Coal Authority. ”

(7) The Authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to sub-paragraph (6) above in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

(8) Where any person is both a member of the Authority and a participant by reference to his service as an officer or employee of the Authority in a scheme under section 1 of the Superannuation Act 1972, the Treasury may determine that his service as such a member (including service before he became an officer or employee) shall be treated for the purposes of the scheme as service as an employee of the Authority; and any such determination shall be without prejudice to paragraph 2 above.

(9) The consent of the Treasury shall be required for the giving of an approval under this paragraph.

Proceedings of Authority

4

Subject to the following provisions of this Schedule, the Authority may regulate its own procedure (including quorum).

Delegation of powers

5

Anything authorised or required by or under any enactment to be done by the Authority may be done by any member, officer or employee of the Authority who has been authorised for the purpose, whether generally or specially, by the Authority.

Interests of members

6

(1) A member of the Authority who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Authority shall disclose the nature of his interest to the meeting.

(2) Where such a disclosure is made, the disclosure shall be recorded in the minutes of the meeting and the member shall not take any part in any deliberation or decision of the Authority with respect to that matter if either—

(a) it relates to any application made to the Authority or to any licence or contract which the Authority has granted or entered into or is considering granting or entering into; or

(b) the Authority determines that the nature of the matter, the extent of the member’s interest and any prejudicial effect of his joining in the consideration of that matter are such that the member should not take part.

(3) For the purposes of sub-paragraph (1) above, a general notification given at a meeting of the Authority by any of its members to the effect that—

(a) he is a member of a specified body corporate or firm, and

(b) he is to be regarded as interested in any matter involving that body or firm which falls to be considered after the giving of the notification,

shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

(4) A member of the Authority who is required under this paragraph to make a disclosure at any meeting need not attend in person at the meeting in order to make the disclosure if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting.

Vacancies and defective appointments

7

The validity of any proceedings of the Authority shall not be affected by a vacancy amongst its members, by any defect in the appointment of a member or by any contravention of the requirements of paragraph 6 above.

Minutes

8

(1) Minutes shall be kept of proceedings of the Authority.

(2) Minutes of any such proceedings shall be evidence of those proceedings if they are signed by a person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record.

(3) Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2) above, those proceedings shall, unless the contrary is shown, be deemed to have been regularly convened and constituted.

Application of seal and proof of instruments

9

(1) The application of the seal of the Authority shall be authenticated by the signature of any member, officer or employee of the Authority who has been authorised for the purpose, whether generally or specially, by the Authority.

(2) Every document purporting to be an instrument made or issued by or on behalf of the Authority and to be duly executed under the seal of the Authority, or to be signed or executed by a person authorised by the Authority for the purpose, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

(3) In this paragraph the reference to the signature of a person includes a reference to a facsimile of a signature by whatever process reproduced; and “signed” shall be construed accordingly.

The Parliamentary Commissioner

10

In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), there shall be inserted (at the appropriate place) the following entry—

Parliamentary disqualification etc.

11

In the House of Commons Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all the members are disqualified), there shall be inserted (at the appropriate place) the following entry—

Interpretation

12

In this Part of this Schedule, “member”, in relation to the Authority, includes its chairman and deputy chairman.

Part II — Financial Provisions

Financial duties

13

(1) The Secretary of State may, after consultation with the Authority, determine the financial duties of the Authority, and different determinations may be made for different functions and activities of the Authority.

(2) A determination under this paragraph may—

(a) relate to a period beginning before the date on which it is made;

(b) contain supplemental provisions; and

(3) The Secretary of State shall give the Authority written notice of every determination made under this paragraph and it shall be the duty of the Authority to conduct its finances in accordance with the determinations of which it has been given notice.

(4) The approval of the Treasury shall be required for the making of a determination under this paragraph.

Finances of the Authority

14

(1) The Secretary of State shall, in respect of each accounting year, pay to the Authority such amount as he may determine to be the amount required by the Authority for the carrying out during that year of its functions under this Act.

(2) Except so far as the Secretary of State may otherwise direct, sums received by the Authority in the course of carrying out its functions shall be paid by the Authority to the Secretary of State.

(3) Any sums required by the Secretary of State for making a payment under sub-paragraph (1) above shall be paid out of money provided by Parliament; and any sums received by the Secretary of State under sub-paragraph (2) above shall be paid into the Consolidated Fund.

(4) The approval of the Treasury shall be required for the making of a determination, or the giving of any direction, under this paragraph.

(5) In this paragraph and paragraph 15 below “accounting year” means the period beginning with the day on which the Authority is established and ending with the financial year current on that date, and each successive financial year.

Accounts

15

(1) The Authority—

(a) shall keep proper accounts and records in relation to its accounts; and

(b) in respect of each accounting year, shall prepare a statement of accounts in such form, and within such period after the end of that year, as the Secretary of State may, with the approval of the Treasury, direct.

(2) Before such date after the end of every accounting year as the Secretary of State may direct, the Authority shall send to the Secretary of State a copy of the statement of accounts prepared in respect of that accounting year under sub-paragraph (1)(b) above.

(3) On or before 31st August following the end of every accounting year, the Secretary of State shall send a copy of the statement of accounts prepared in respect of that year to the Comptroller and Auditor General.

(4) The Comptroller and Auditor General shall examine, certify and report on every statement of accounts sent to him under sub-paragraph (3) above and shall lay copies of the statement and of his report before each House of Parliament.

SCHEDULE 2

Contents and effect of scheme

1

(1) This paragraph shall have effect as regards the manner in which effect is to be given to—

(a) the creation in accordance with a restructuring scheme of any interests or rights in or in relation to property; and

(b) the transfer in accordance with such a scheme of any property, rights or liabilities.

(2) Provisions of a restructuring scheme for the creation, by virtue of section 12(1) of this Act or paragraph 2 below, of any interest or right in or in relation to any property shall specify—

(a) the property in question and the interest or right to be created;

(b) the person in whose favour it is to be created; and

and this Act shall have effect so as, without further assurance, to create the specified interests and rights as from the beginning of the restructuring date or, in the case of interests or rights created by virtue of paragraph 2 below, as from such date as may be appointed by the scheme in relation to the interest or right in question.

(3) Provisions of a restructuring scheme for the transfer of property, rights or liabilities to any person shall—

(a) specify or describe the property, rights and liabilities to be transferred;

(b) allocate the property, rights or liabilities to the person to whom the transfer is to be made; and

and such a scheme may allocate different property, rights or liabilities to different persons and may appoint different days for the scheme to come into force in relation to different transfers and different persons.

(4) This Act shall have effect, in relation to any provisions of a restructuring scheme for the transfer of any property, rights or liabilities, so as to transfer the property, rights or liabilities, at the beginning of the day appointed for the coming into force of the transfer and without further assurance, from the Corporation or, as the case may be, its wholly-owned subsidiary to the person to whom they are allocated under the scheme; and the provisions of that scheme in relation to that transfer shall have effect from that time accordingly.

(5) The preceding provisions of this paragraph shall have effect subject to so much of any restructuring scheme as provides for—

(a) the creation of any of the interests or rights to be created in accordance with the scheme, or

(b) the transfer of any of the property, rights or liabilities to be transferred in accordance with the scheme,

to be effected by or under any agreement or instrument entered into or executed in pursuance of an obligation imposed by virtue of paragraph 2(1)(g) below.

(6) The same restructuring scheme may contain provision made by virtue of subsection (1) of section 12 of this Act and provision made by virtue of subsection (2) of that section.

(7) Any matter which under this paragraph is to be included in a restructuring scheme, as well as any other matter for which provision may be made by such a scheme, may be included in the scheme wholly or partly by means of—

(a) a description framed by reference to the part of the Corporation’s undertaking which in accordance with the scheme is to be transferred to any person; or

(b) the application of any provision or description contained, in relation to that matter, in any agreement under section 13 of this Act.

(8) In their application to Scotland, sub-paragraphs (2) and (4) above shall have effect, respectively, with the omission of the words “without further assurance” and with the omission of the words “and without further assurance”.

Division of property by scheme

2

(1) For the purpose of making any such division as the Secretary of State considers appropriate of any of the property, rights and liabilities to which the Corporation and its wholly-owned subsidiaries are at any time entitled or subject between any two or more different persons (including, in so far as he thinks fit, any division between the Corporation or any such subsidiary and one or more other persons) a restructuring scheme may contain provision—

(a) for the creation, in favour of the Corporation or any of its wholly-owned subsidiaries, of an interest or right in or in relation to property transferred in accordance with that scheme to any person;

(b) for the creation, in favour of a person to whom any transfer is made, of an interest or right in or in relation to property so transferred to another;

(c) for giving effect to a transfer to any person by the creation, in favour of that person, of an interest or right in or in relation to property retained by the Corporation or any of its wholly-owned subsidiaries;

(d) for rights and liabilities to be transferred so as to be enforceable by or against more than one transferee or by or against both one or more transferees and the Corporation or any of its wholly-owned subsidiaries;

(e) for rights and liabilities enforceable by or against more than one person in accordance with any provision falling within paragraph (d) above to be enforceable in different or modified respects by or against each or any of them;

(f) for the creation of new rights and liabilities as between different transferees and as between transferees and persons who, in pursuance of the division, continue to be entitled or subject to any property, rights or liabilities; and

(g) without prejudice to paragraph (f) above, for imposing on any transferee, the Corporation or any of its wholly-owned subsidiaries an obligation—

(i) to enter into such written agreements with any other person on whom any corresponding obligation is, could be or has been imposed by virtue of this paragraph (whether in the same or a different scheme), or

(ii) to execute such instruments in favour of any such person,

as may be specified or described in the scheme.

(2) A restructuring scheme may contain such supplemental and incidental provision with respect to the interests, rights and liabilities of third parties in relation to anything to which the scheme relates as the Secretary of State considers to be necessary or expedient for the purposes of any such division as is mentioned in sub-paragraph (1) above, or in connection with anything contained in the scheme by virtue of that sub-paragraph.

(3) The provision that may be contained in a restructuring scheme by virtue of sub-paragraph (2) above shall include provision for interests, rights or liabilities to which any third party is entitled or subject in relation to anything to which the scheme relates to be modified in such respects or in such manner as may be specified in or determined under the scheme.

(4) An obligation imposed on any person by virtue of sub-paragraph (1)(g) above shall be enforceable by the bringing, by any person with or in favour of whom the agreement or instrument is to be entered into or executed, of civil proceedings for an injunction or for interdict or for other appropriate relief.

(5) In this paragraph—

(a) references, in relation to a restructuring scheme, to a transferee include references to any person in whose favour any interest or right is created in accordance with the scheme; and

(b) the reference, in relation to such a scheme, to a third party is a reference to any person who (apart from any provision made by virtue of sub-paragraph (1)(e) or (2) above) is neither a transferee nor a person from whom any transfer is to be made in accordance with the scheme.

(6) Sub-paragraphs (2) and (3) above shall be without prejudice to the generality of paragraph 4(1) below.

Property to which a scheme may relate

3

(1) The property, rights and liabilities that shall be capable of being transferred in accordance with a restructuring scheme shall include—

(a) property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the Corporation or, as the case may be, its wholly-owned subsidiary;

(b) property acquired at a time after the making of the scheme and before the transfer comes into force, and rights and liabilities which arise or may arise in respect of anything occurring after the making of the scheme;

(c) property, rights and liabilities in relation to anything with respect to which provision has been made by a previous restructuring scheme;

(d) property situated anywhere in the United Kingdom or elsewhere and rights and liabilities under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom; and

(e) rights and liabilities under enactments.

(2) The transfers authorised by sub-paragraph (1)(a) above, and the interests and rights that may be created in accordance with a restructuring scheme, include transfers, interests and rights which are to take effect as if there were—

(a) no such requirement to obtain any person’s consent or concurrence,

(b) no such liability in respect of a contravention of any other requirement, and

as there would be, in the case of any transaction apart from this Act, by reason of provisions having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the Corporation or any of its wholly-owned subsidiaries is entitled or subject to any property, right or liability.

(3) Where apart from this sub-paragraph any person would have an entitlement, in consequence of anything done or likely to be done by or under this Act or the British Coal and British Rail (Transfer Proposals) Act 1993, to terminate, modify, acquire or claim an interest or right which, at the passing of this Act, is vested in the Corporation, or in any of its wholly-owned subsidiaries, or to treat any such interest or right as terminated or modified, then—

(a) for the purposes of the transfer of the interest or right in accordance with a restructuring scheme, that entitlement shall not be enforceable in relation to that interest or right until after its transfer in accordance with such a scheme; and

(b) without prejudice to the preceding provisions of this paragraph or to paragraph 4(2)(b) below, that entitlement shall be enforceable in relation to the interest or right after its transfer only in so far as the scheme contains provision for it to be transferred subject to the provisions conferring that entitlement.

(4) Subject to sub-paragraphs (5) and (6) below, nothing in sub-paragraph (1) or (2) above shall enable—

(a) any agreement or instrument entered into or executed in pursuance of an obligation imposed by virtue of paragraph 2(1)(g) above, or

(b) anything done under any such agreement,

to give effect to any transfer, or to create any interest or right, which could not apart from this paragraph have been made or created by or under that agreement or instrument.

(5) A restructuring scheme may provide for—

(a) the transfers to which effect is to be given by or under any agreement or instrument entered into or executed in accordance with the scheme, or

(b) the interests or rights that are to be created by or under any such agreement or instrument,

to include, to such extent as may be specified in the scheme, any such transfer, interest or right as is mentioned in sub-paragraph (2) above.

(6) A restructuring scheme may provide that sub-paragraph (3) above shall apply in relation to the provisions of any agreement or instrument which is to be entered into or executed in accordance with the scheme, and in relation to any proposal for such an agreement or for the execution of such an instrument, as if the reference in sub-paragraph (3)(b) above to provision contained in the scheme included a reference to provision contained, in accordance with the scheme, in the agreement or instrument.

Supplemental provisions of schemes

4

(1) A restructuring scheme may contain supplemental, incidental, consequential and transitional provision for the purposes of, or in connection with, any transfer of property, rights or liabilities for which the scheme provides or in connection with any other provisions contained in the scheme; and any such provision may include different provision for different cases or different purposes.

(2) A restructuring scheme may, in relation to transfers in accordance with the scheme, make provision, either generally or for such purposes as may be specified in the scheme—

(a) for the transfers to be regarded as taking place in a specified order;

(b) for the transferee to be treated as the same person in law as the Corporation or, as the case may be, its wholly-owned subsidiary;

(c) for agreements made, transactions effected or other things done by or in relation to the Corporation or any of its wholly-owned subsidiaries to be treated, so far as may be necessary for the purposes of or in connection with the transfers, as made, effected or done by or in relation to the transferee;

(d) for references in any agreement (whether or not in writing) or in any deed, bond, instrument or other document to, or to any member or officer of, the Corporation or any of its wholly-owned subsidiaries to have effect, so far as may be necessary for the purposes of or in connection with any of the transfers, with such modifications as are specified in the scheme;

(e) for proceedings commenced by or against the Corporation or any of its wholly-owned subsidiaries to be continued by or against the transferee;

(f) for any such questions about the effect of the scheme as arise between different transferees, or between any of the transferees on the one hand and the Corporation or any of its wholly-owned subsidiaries or a transferee under another scheme on the other, to be referred to such arbitration as may be specified in or determined under the scheme in question, and for determinations in any such arbitrations to be conclusive;

(g) for a certificate as to the effect of the scheme which is given—

(i) jointly by the Corporation and any one or more persons who are transferees under the scheme, or

(ii) by the Corporation or any such transferee with the concurrence as to the statements contained in the certificate of any other persons,

to be conclusive as between the persons giving, or concurring in the giving of, the certificate.

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