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S E C R E T .
COPY NO.
C P . 1 2 8 (57).
0
w
C A B I N E T.
COMMITTEE OH THE ORGANISATION OF THE C O M , MINING- INDUSTRY.
FOURTH REPORT.
1..
The composition of the Committee was enlarged at the
- Meeting of the Cabinet on March 17th, 1957 (Cabinet 12 (57)
Conclusion 8 ) , and is now as follows:The
The
The
The
The
The
The
The
The
The
The
2.
President of the Board of Trade (Chairman)
Lord Chancellor
Home Secretary
Lord Privy Seal
Secretary of State for Scotland
Minister of Health
Minister of Labour
Attorney-General
Lord Advocate
Financial Secretary to the Treasury
Secretary for Mines
Our First Report was submitted on 26th July, 1955,
( C P . 1 6 0 (55)), our Second Report on 26th May, 1956,
( C P . 145 (56)), and our Third Report on 11th March, 1957,
(CP.
5.
94 (57).).
Our Thirst Report was under consideration by the Cabinet
at the Meeting referred to above.
Subject to the consideration
of certain points, the Report was approved in principle.
It
was agreed inter alia:­
"(b) That the Bill should be introduced at the
earliest opportunity, subject to approval
of the final drafting of the Clauses by
the Cabinet Committee on the Organisation
of the Coal Mining Industry (instead of by
the Committee of Home A f f a i r s ) , "
4.
The special Arbitration Tribunal appointed to assess the
global amount of the compensation to be paid to the present
owners of coal has since issued its award.
- 1 ­
The award was
announced by the Prime Minister in the following terms
"The tribunal has given an award to the
effect that 15 is the appropriate number
of years' purchase to be applied to the
agreed royalty income figure of £4,430,000..
The compensation payable under the terms
of the award will therefore be £66,450,000.
The Government have decided to accept the
award, and they intend to introduce the
necessary legislation as soon as possible."
(House of Commons Official Report, 26th April,
1937, column 3 1 ) .
5.
, We have examined with care the question of the early
introduction of a Bill on the lines approved in principle by
the Cabinet, i.e., a combined measure dealing with the
unification of royalties, compulsory amalgamations and the
continuation with amendments of Part I, of the Coal Mines A c t ,
1930.'
By far the most desirable course, if it were possible,
would be to pass the Bill into law before the Summer Recess.
It is now too late to circulate the Bill before the
Whitsun Recess and the most expeditious procedure, if it were
decided to press on with legislation at once, would be to
introduce the Bill in d u imy this week, and to circulate it
during the lliitsun Recess, with a view to Second Reading being
taken during the week beginning 30th Hay.
6.
Unfortunately our enquiries show that progress at the
rapid rate which would be necessary will be out of the question.
The Chief Whip's opinion is that a minimum of nine clays House of
Commons time will be required for a Bill of the importance and
complexity of the present measure, i.e.:Second Reading
Committee
Report and Third Reading
2 days
5 clays
2 days.
This amount of Government time is not in fact available unless
a change is made.in the provisional programme, it having been
tentatively arranged that the House shall rise for the Summer
Recess on 30th July, and the greater part of the intervening­
period of 45 working days being already assigned for essential
business.
Only 7-jjr days remain in which not only the Coal Bill
if it were proceeded with, but also the completion of the
consideration of the Ministers of the Crown Bill and
legislation on milk, wheat and several other subjects would
have to be included.
In the circumstances it seems out of the
question to crowd a Coal Bill into these few days.
7.
The Lord Privy Seal estimates that the consideration of
the Goal Bill in the House of Lords will occupy some 4 or '5
weeks.
There is clearly no prospect of its reaching the House
of Lords early enough to permit of consideration at this length
before 30th July.
8.
The conclusion appears to be that it is physically
impossible that a Goal Bill of the dimensions contemplated should
become law before the Summer Recess.
9.
We regard this as a very regrettable conclusion from
several points of view.
(a)
The Government is pledged to early action, in
particular by the King's Speech on the Opening of the present
Session and by the Prime Minister'o statement quoted in
paragraph 4 above to introduce Royalties legislation "as soon
as possible .^
13
(b)
Considerable uncertainty exists regarding the future
of interest rates, which makes it desirable that the Royalties
loan should be raised with the minimum of delay.
(c)
Political objections can be foreseen if we do not
forthwith implement the award which is generally held in the
press as having been unfavourable to the Royalty Owners.
The
Government will be charged as not being willing to wound their
political friends.
Moreover the award of the Arbitration
Tribunal will not escape criticism during the coming months.
If legislation is deferred it must not bo taken for granted that
the purchase price of £60,450,000 will continue to covamand
general approval.
In his statement of 9th March regarding the setting up of the
Arbitration Tribunal the Chancellor of the Exchequer said that if
the Government did not, within six weeks after the decision of
the Tribunal, give notice to the Mineral Owners Joint Committee
that they were not prepared to accept the decision of the Tribunal.
"the Committee will be entitled to assume that the
Tribunal's decision is acceptable to His Majesty's
Government and that they will introduce during the
present session of Parliament a Bill to acquire the
property on the basis o f the Tribunal's decision '.
55
1
-3­
(&) The letter from the Treasury Solicitor to the
Mineral Owners' Joint Committee about the setting up of the
Arbitration Tribunal included the words from the Chancellor s
1
statement of March 9th quoted in the footnote to paragraph (a)
above;
and we believe that the Tribunal was under the
impression that the Government intended to legislate forthwith,
and that its proceedings were specially hastened.
In these
circumstances it will be unfortunate if we.defer action for
several months.
(e) Legislation covering at any rate one part of the
field must be enacted before December 31st next, since Part I.
of the Coal Mines A c t , 1930, expires at that date.
10,
We are informed b y the Chief Whip that it is
impracticable to adopt the compromise course of introducing
the- Bill forthwith and making as much progress as possible
with it before the holidays, and completing the remaining
stages after the summer adjournment on the grounds that in
that case the House of Lords would require five or six weeks
for the further stages at a period of the year when the House
of Commons would have no business to consider.
11,
After careful consideration, our recomii:endation is that
the Coal Bill should be deferred, to the beginning of the
1937-38 session.
It must, in that case, be the first measure
to be introduced after the King's Speech, and. it should, if
possible, be pressed through all its stages before the House
rises for Christmas, 1937.
If it is necessary for the purposes of this programme
that the new session should begin considerably earlier than
would otherwise be the case, we recommend that this should
be arranged.
If at the last moment some unexpected difficulty should
occur, making it impossible to obtain the Rpyal Assent before
Christmas, 1937, it will be important that the remaining stages
shall he completed in January and February, 1958.
In this
event a short separate Dill will be required, continuing
Part I of the 1950 Act for a few additional weeks, which
we are assured is possible within, the rules of the House,
in spite of its obvious difficulties,,
- 12,
As regards the terms of the actual Goal Bill to be
introduced, we recommend (subject to two or three drafting
points with which the Cabinet need not be troubled) the
adoption of the draft attached to the present Eeport.
Sj.mtrary.j3_f Conclusions. and Recpnmiendations,.
15.
Our conclusions and recommendations may be summarised
as follows
(i) It.is a physical impossibility, owing to the very
. limited, amount of Parliamentary time available
according to present plans, to pass into law
before the summer recess a combined Bill covering
the three fields of coal policy which require
legislation, v i z . , unification of royalties,
compulsory amalgamations and the continuation
with, amendments of Part I. of the Coal Mines
A c t , 1930.
(ii) There are difficulties, from the Parliamentary
point of view, in introducing a combined Bill,
making as much progress with it as is -possible
before the holidays, and completing the remaining
stages after a summer adjournment; and nothing­
will be gained by Introducing a Bill dealing with
part of the field only.
(iii)
Our recommendation is that a combined Bill be
carried through all its stages, as the first
legislative measure of the 1957-58 session; the
session should, be begun early enough to allow of
this Bill becoming law b y Christmas next..
(iv) Should the Bill, owing to some unforeseen contingency
not have received the Royal Assent b y Christmas
next, it will be necessary to pass a short ad hoc
measure continuing in force for a few additional
weeks Part I. of the 1950 Act.
(v) Subject to a few drafting points, with which the
Cabinet need not be troubled, we recommend that
the Bill to be introduced, at the beginning of the
1957-38 session should be in the form of the
draft attached to the present Report.
Signed on behalf of the Committee,
WALTER RUNCIMAN
Whitehall Gardens, S.W.I. ,
3rd May, 1937.
Chairman..
Coal Bill.
A R R A N G E M E N T O F CLAUSES.
PABT
I.
U N I F I C A T I O N OF C O A L M I N I N G
The Goal Mines
ROYALTIES.
Commission.
Clause.
1. Constitution of Coal Mines Commission.
2. General provisions as to functions of the Com
mission under Part I .
Vesting in, and acquisition by, the Commission of property
in coal and coal mining rights.
3.
Vesting of fee simple in coal, &c. in the Commission
and compensation therefor.
4. Ascertainment and payment of compensation
payable under s. 3.
5. Powers of the Commission in relation to under­
ground land other than coal.
6. Acquisition by the Commission of ancillary rights.
7. Acquisition by the Commission of associated
minerals.
Transitional
provisions.
8. Retention of interests under coal-mining leases
subsisting on the appointed day.
9. Interim enforcement of subsisting coal-mining leases.
10. Substitution of new leases for retained leases.
11. Provisions as to Mines (Working Facilities and
Support) Acts and orders thereunder.
12. Right of freeholder in possession of coal to lease
thereof.
19-15
A
Financial
Clause.
13.
14.
15.
16.
17.
18.
19.
20.
21.
.
Provisions.
­
Receipts of, and payments by, the Commission.
Reserve fund.
Reduction by the Commission of rents.
Power of the Commission tb borrow.
Purposes for which the Commission may borrow.
Power to issue stock.
Power of Treasury, to guarantee loans.
Power of Treasury to make advances.
Accounts and audit.
Miscellaneous.
22. Commission not to be exempt.from taxation, &c.
23. Prevention of alienation of coal from the Commission.
24. Commission to have exclusive right to search arid
bore for coal.
25. Provision against assignment, &c. of leases with­
out the consent of the Commission.
26. Provisions as to obtaining information for purposes
of Part I.
27. Saving for rights of support in certain cases.
28. Application to registered land.
29. Application to Crown and Duchy of Cornwall.
30. Saving for [application to] Forest of Dean.
31. Interpretation.
32. Application to Scotland.
PART
II.
R E D U C T I O N I N N U M B E R OF C O A L - M I N I N G UNDERTAKINGS.
33. Transfer to the Commission of functions of the
Coal Mines Reorganisation Commission.
34. Duty of the Commission to reduce number of coal­
mining undertakings where necessary in interests
of efficiency.
i
35. Powers of the Commission as to obtaining informa­
tion for purposes of Part II.
36. Exemption from stamp duty in respect of amal­
gamation or absorption schemes and instruments
executed thereunder.
!
iii
Goal.
PART
III.
A M E N D M E N T A N D CONTINUANCE OF P A R T I
M I N E S A C T , 1930.
OF T H E COAL
Clause.
37.
Amendment and continuance of Part I of 2 0 & 21
Geo. 5. c. 34.
PART
IV.
MISCELLANEOUS A N D
38.
GENERAL.
Acquisition by miners welfare committee of sites
for pithead baths, &c.
39. Prevention of disclosure of information.
40. Liability of directors, &c. of bodies corporate for
offences.
41. Service of notices, &c.
42. Powers as to inquiries, &c.
43." Reports to Board of Trade.
44. Short title and extent.
SCHEDULES:
First Schedule—Constitution and. procedure of
the Coal Mines Commission.
Second Schedule—Title to coal hereditaments
vested in the Commission by this Act.
Third Schedule—Provisions as to compensation
payable under section three of this Act.
Fourth Schedule—Provisions as to compulsory
acquisition of ancillary rights.
Fifth Schedule—Enforcement of subsisting coal­
mining leases during transitional period.
Sixth Schedule—Grant of new leases in substitu­
tion for retained leases.
Seventh Schedule—Grant of leases to freeholders
in possession of coal immediately before the
appointed day.
Eighth Schedule—Amendments of 2 0 & 21 Geo. 5.
c. 34, s. 13.
Ninth Schedule—Amendments of 20 & 21 Geo. 5.
c. 34, ss. 5 and 8.
(
19
Goal.
D R A F T
OF A
B I L L
TO
Make provision for the property in all unworked A . D . 1037.
coal and mines of coal and certain associated
property and rights being transferred to or
acquired by a Commission with power of man­
agement thereover; for empowering the Corn­
mission to promote a reduction in the number
of coal-mining undertakings; for continuing
Part I of the Coal Mines Act, 1930, with
amendments; for enabling the miners welfare
committee to acquire land compulsorily; and
for purposes connected with the matters
aforesaid.
B
E it enacted by the King's most Excellent Majesty,
by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same,
g as follows :—
PART
I.
U N I F I C A T I O N OF C O A L M I N I N G
The Coal Mines
ROYALTIES.
Commission.
1.—(1) There shall be a Coal Mines Commission (in Constitu­
10 this Act called " the Commission ") to exercise, and per- ?
form the powers and duties set out in this Act.
Mines Com­
mission.
19-15
ti(
r
no f C o a l
A . D . 1937.
( 2 ) The Commission shall be a body corporate by
—
the name of " the Coal Mines Commission," with perI- petual succession and a common seal, and with power
to hold land without licence in mortmain.
P a k t
(3) The provisions of the First Schedule to this Act 5
shall have effect with respect to the constitution and
procedure of the Commission.
2 . — ( 1 ) The Commission shall not themselves engage
the business of coal-mining or carry on any operations
the^CouT ^
l
S purposes, other than searching and 1 0
mission *
boring for coal, but shall be charged with the duty of
under
controlling and managing the premises vested in or
Part I.
acquired by them by or under this Part of this Act, by
granting coal-rnining leases and otherwise, in such
manner consistently with the provisions of this Act as 15
they think best for promoting the interests, efficiency,
and better organisation of the coal-mining industry.
General provisions as to j
0 f
n
o r
c o a
- m r n m
( 2 ) The Board of Trade may give to the Commission
general directions as to the exercise and performance
by the Commission of their functions under this Part 2 0
of this Act in relation to matters appearing to the Board
to affect the national interest, including all matters
affecting the safety of the worldng of coal, and the
Commission shall give effect to any such directions.
Vesting in, and acquisition by, the Commission of property 25
in coal and coal mining rights.
Vesting of
. 3.-(i) On the appointed day the fee simple in all
fee simple unworked coal and in all mines of coal shall vest in the
n the Com Commission, subject to and in accordance with the
mission and provisions of section eight of this Act with respect to 3 0
eompensa- interests under coal-mining leases subsisting immediately
tion there- before the appointed day, the provisions of section eleven
*of this Act with respect to working facilities rights, and the
provisions of the Second Schedule to this Act for further
defining the title to any coal or mine that is!to vest in the 35
Commission and with respect to the property and rights
that are to vest in the Commission with any coal or mine
and the title for which they are so to vest and with respect
to'. the matters to which the Commission^ title to any
coal, mine, property or rights, is to be subject.
40
OT
( 2 ) Where a lease subsisting immediately, before tb,e A.D. 1937.
appointed day confers a right to work and carry away yA --. .
both coal and minerals or substances other than coal, this ^Jr^'
Part of this Act shall have effect in relation to those
'
5 other minerals or substances in all respects (save as
otherwise therein expressly provided) as if they had been
coal, and references in this Part of this Act to coal shall
be construed accordingly:
Provided that the foregoing provisions of this, sub ­
10 section shall not have effect in the case of any minerals
or substances therein mentioned in the case of which the
Commission give in the prescribed manner before the
appointed day a direction that this Part of this Act shall
not have effect in relation thereto.
15
(3) In this Part of this Act all the premises title to
which is given to the Commission by virtue of this section'
and of section eight of and the Second Schedule to this
Act are referred to as " coal hereditaments," and in this
and the next succeeding section the expression " principal
20 coal hereditaments " means coal hereditaments with the
exception of surface servitudes and of premises title to
which is given to the Commission as aforesaid by reason
only of the operation of the last preceding subsection,
and the expression " subsidiary coal hereditaments"
25 means surface servitudes and the last mentioned premises.
(4) Compensation shall be paid by the Commission
in accordance with the next succeeding section in respect
of the vesting in them for the title given to them as
aforesaid of coal hereditaments whether principal or
30 subsidiary.
(5) For the purposes of the payment of compensa­
tion under this section so far as regards all principal coal
hereditaments, the sum of [
] pounds
shall be taken to be the aggregate value of the interest
35 therein given to the Commission by the vesting thereof
in them for the title aforesaid.
n
4.—(1) The compensation tribunal established under A s c e r t a i n ­
the Third Schedule to this Act shall ascertain the value
of each interest in coal hereditaments which is under P y
40 the provisions of thafi Schedule to constitute a separate tion p a y a b l e
subject of compensation and in respect of which a notice u n d e r s. 3 .
of claim is duly served on the Commission nbi later than
the expiration of [six] months from the appointed day,
m e n t
a
a n d
m
e
n
t
o
i
AJ). 1937. that is to say the amount which that interest might
—
have been expected to realise if this Act had not been
passed and it had been sold immediately before the
appointed day in the open market by a willing seller.
(2) Where the coal hereditaments in which a subject 5
of compensation subsisted include subsidiary coal
hereditaments, the compensation tribunal shall also
ascertain the parts of the amount ascertained in respect
of that subject under the preceding subsection that are
attributable to principal and to subsidiary coal heredita- 10
ments respectively.
(3) The compensation tribunal shall certify to the
Commission the amounts ascertained under the preceding
subsections, indicating which of those amounts are
amounts attributable to principal and to subsidiary 15
coal hereditaments respectively, and there shall be paid
in respect of each subject of compensation in respect of
which a notice of claim is served as aforesaid—
(a) a sum bearing to the amount certified in respect
thereof as attributable to principal coal heredita- 20
ments the same proportion as the said sum of
[
] pounds bears to the aggregate
of the amounts so certified in respect of all
subjects of compensation; and
(6) a sum equal to any amount certified in respect 25
thereof as attributable to subsidiary coal
hereditaments.
(4) The sum or sums to be paid in respect of any
- subject of compensation shall be a debt due on the
appointed day from the Commission to the person 30
entitled in accordance with the provisions of the Third
Schedule to this Act to the compensation for that subject,
payable, (subject to the provisions of this Act as to pay­
ments on account) on the date on which the ascertainment
and certification of all the amounts to be ascertained under 35
this section has been completed (in this Act referred to
as the "compensation date"), and carrying interest at
the rate of [four] pounds per cent, per annum from the
appointed day to the date of payment.
(5) Subject as aforesaid, the compensation to be 40
paid under section three of this Act shall be ascertained,
certified and paid subject to and in accordance with the
provisions of the Third Schedule to this Act.
5.—(1) In respect of any underground land not A . D . 1937.
being coal hereditaments the Commission shall them- - — ­
selves have the right, and shall have power to grant a P - ^ ' I ­
licence to any person to do any of the following acts in the
-p ^^ ''
5 course of operations for coal-mining purposes, that is to f the
say, to enter upon, remove, execute works in, pass C o m m i s s i o n
through and occupy any such land and to do all such ha r e l a t i o n
other acts in relation to any such land as are requisite
*er­
or convenient for the purposes of any such operations : o t h e r than
Provided that neither the Commission nor any coal,
10
person to w h o m a licence has been granted under this
subsection shall be entitled by virtue of this subsection
or of the licence—
(a) to interfere with the carrying on of under­
ground operations carried on for a purpose
15
other than a coal-mining purpose;
(6) to interfere with the surface of any land; or
(c) to withdraw support from any land.
(2) Where the Commission are subject to any
20 restriction as respects acts to be done in relation to any
coal or mine by reason of their title thereto being subject
under the provisions of the Second Schedule to this Act
to a servitude or restrictive covenant, they and a person
to w h o m a licence has been granted under the preceding
25 subsection shall be subject to the like restriction as
respects acts to be done in relation to any underground
land subjacent to or superincumbent on that coal or
mine which, if it had been included in the conveyance
of that coal or mine assumed for the purposes of that
30 Schedule, would have been deemed to be conveyed
to the Commission subject to the same servitude or
covenant.
4
1
t
c
G
t o
u n (
6.—(1) Where the Commission are desirous of A c q u i s i t i o n
acquiring the benefit O f any right to be exercised in y .
35 respect of any land for a coal-mining purpose, either by ^ ^ J j ^ p
the lessee under a coal-mining lease or, in the case of rights. ^
searching and boring for coal, by the Commission, they
m a y acquire it by agreement or, if the Board of Trade
are satisfied that the undertaking or carrying on of any
40 operations for coal-mining purposes is unduly hampered
by the inability of the Commission to acquire it by agree­
ment, the Commission may be authorised to acquire, it
compulsorily by means of a compulsory purchase order
B
19
l)
tne
m
n
A . D . 1937. made by the Commission and submitted to the Board and
—
confirmed by them in accordance with the provisions of
PAKT I .
Schedule to this Act.
—cont.
(2) The Commission may, without prejudice to the
generality of the preceding provisions, acquire under ^
this section— ­
(a) a right to withdraw support from land;
(6) a right to enter upon land and to sink bore holes
or shafts, or to drive adits, therein;
(c) a right of airway or shaft-way or a wayleave, ^
or other right for the purpose of access to,
or conveyance of, coal or other substance
excavated for coal-mining purposes, or of the
ventilation or drainage of mines of coal;
(d) a right to occupy and use land for such buildings 1*
or other works (including spoil banks and rubbish
tips, and coke ovens to be made or operated on
land contiguous to a colliery in connection with
the working of coal), as may be required for
coal-mining purposes or for storing, treating or 20
converting coal, or to occupy and use land for
by-product works to be operated as aforesaid;
(e) a right to occupy and use land for dwellings for
persons employed in connection with the working
of coal or with any such works as aforesaid;
25
(/) a right to obtain a supply of water or other
substance required in connection with the
working of coal; and
(g) a right to dispose of water or other liquid matter
obtained from mines of coal or any by-product 30
works.
(3) A right that the Commission are authorised to
acquire under this section in respect of any land may
be conveyed to them by means of a grant either of the
fee simple or of a term of years or other interest in the 35
land or of the benefit of a servitude to be enjoyed
adversely thereto.
(4) Where the Board of Trade are satisfied that the
undertaking or carrying on of any operations for coal­
mining purposes is unduly hampered by the subsistence 40
of a servitude or restrictive covenant to which coal or a
mine of coal is subject under the provisions of the Second
Schedule to this Act, the compulsory extinguishment or
T
H
E
:
discharge thereof m a y be authorised by an order made A.D. 1937.
by the Commission and submitted and confirmed as
—
aforesaid.
PART I.
—cont.
(5) The Board of Trade shall not confirm an order
5 for the acquisition of a right in respect of any land
otherwise than by means of a grant of an interest that
confers an exclusive right to the possession thereof
or an order for the extinguishment or discharge of a
servitude or restrictive covenant, unless they are satisfied
10 that adequate provision is made by the order for securing
to the occupier of the land all such facilities of access,
drainage, water supply and otherwise as are reasonably
requisite for the convenient enjoyment thereof.
(6) The Board of Trade shall, in deciding whether to
J.5 confirm an order, have regard, amongst other considera­
tions, to the effect on the amenities of the locality of the
exercise of the right, or of the extinguishment or discharge
of the servitude or covenant, to which it relates, and m a y
in confirming an order impose such conditions as they
.20 m a y thinkfitwith a view to the preservation of such
amenities.
(7) A right to withdraw support acquired com­
pulsorily under this section shall be conveyed to the
Commission subject to an obligation to make good, or to
.25 pay proper compensation for,—
(a) damage arising from the working of the coal to
which the right is annexed to land supported
thereby, exclusive of buildings or works on such
land; and
30
(b) damage arising from such working to buildings or
works on the said land, so however that, in the
case of buildings or works whose construction
is begun after the date of thefirstpublication
under the Fourth Schedule to this Act of notice
.35
of the making of the order, the obligation shall
be limited to damage which could not have been
avoided by reasonable and proper precautions
taken in the design and construction of the
buildings or works to minimise damage in the
40
event of subsidence.
7.—(1) It shall be within the competence of the A c q u i s i t i o n
Commission to acquire the fee simple or a term of years by the
or other interest in any minerals or substance other than Commission
.
19
B
2
ot associated
minerals.
A.T). 1937. coal that are capable of being economically worked to a
shaft or adit to which coal is being, or is proposed to be,
PART I .
worked.
.;
-cont.
(2) The provisions of the two last preceding sections
shall have effect in relation to minerals acquired
by the,Commission under this section as if the references
in those sections to coal-mining purposes and to the
storing, treating, converting and working of coal included
references to the like purposes as regards those minerals.
Transitional
R e t e n t i o n of
interests
under eoal­
mining
leases
subsisting
on t h e
appointed
day.
Provisions.
10
8.—(1) Interests in coal or a mine of coal that arise
under a coal-mining lease subsisting immediately before
the appointed day shall not vest in the Commission
by virtue of this Act, except as provided by the next
succeeding subsection.
15
(2) Where in the case of any coal or mine of coal both
a lease thereof and an under-lease thereof derived out of
that lease, both being coal-mining leases, are subsisting
immediately before the appointed day, the Commission
may, by notice in writing served (either before, on or 20
after the appointed day) on the lessee under the lease,
give a direction that all interests in that coal or mine
that arise under the lease (that is to say, the interest of
the lessees thereunder as such lessee and the interests of
all persons claiming under him as so claiming) shall vest 25
in the Commission :
Provided that the Commission shall not give a direc­
tion under this subsection in the case of any coal or mine
as respects interests arising under a lease which is itself an
under-lease derived out of a superior coal-mining lease, 30
unless they have duly given a direction thereunder in the
case of those premises as respects interests arising under
the superior lease also.
(3) Where a direction is given under the last pre­
ceding subsection 'after the appointed day, this Part of 35
this Act shall have effect in relation to the interests
as respects which the direction is given with the sub­
stitution for references to the appointed day of references
to the date on which the direction is given.
(4) In this Part of this A c t 40
(a) the expression " retained lease " means any
- coal-mining lease subsisting immediately
5
10
15
20
before the appointed day unless all the coal A . D . 1937.
and mines of coal comprised therein are
—
underleased and a direction under sub- PART I .
section (2) of this section is given as respects
interests arising thereunder in the case of all
such coal and mines;
(6) references in relation to a retained lease to
premises comprised- therein shall be construed
as references to all the premises comprised
therein, whether or not being coal heredita­
ments and whether or not being premises
affected by a direction given under sub­
section (2) of this section;
(c) references in relation to a retained lease to
premises subject thereto shall be construed
as references to the premises comprised
therein, other than coal or a mine in the case
of which a direction is given under sub­
section (2) of this section as respects interests
arising under that lease or property or rights
that vest in the Commission with that coal
or mine.
9. The provisions of the Fifth Schedule to this
Act shall have effect as respects the enforcement o f —
25
Interim
enforce­
m e n t of
subsisting
(a) a retained lease, if it comprises any premises
the immediate reversion wherein is vested in c o a l - m i n i n g
the Commission; and
leases.
(&) a coal-mining lease subsisting immediately before
the appointed day that is not a retained lease,
30
if it comprises any premises other than coal
hereditaments;
during the period between the appointed clay (or, where
a reversion in question is vested by reason of a direction
given under subsection (2) of the last preceding section
35 after the appointed day, the date on which the direction
is given) and the compensation date.
10.—(1) At any time after the appointed day the
Commission may require the lessee under a retained
lease that comprises both coal hereditaments subject
40 thereto the immediate reversion wherein is vested in
the Commission and other premises subject thereto,
to take a new lease of the said coal hereditaments,
Substitu­
t i o n
l e a s
of "w
ne
f s for
[eases
6
A . D . 1937
PART I.
—cont.
in substitution so far as regards those coal hereditaments
for the retained lease.
(2) Where the Commission require the lessee under a
retained lease to take a new lease as aforesaid, they may
require him to take^ and the person competent in.that ^
behalf to grant to him, a new lease of the other premises
mentioned in the preceding subsection, in substitution
so far as regards those premises for the retained lease.
(3) Subject to any agreement between the Commis­
sion or the lessor of the said other premises, as the case 10
may be, and the lessee, a substituted lease granted under
this section shall be a lease for such a term, at such
a rent and subject to such conditions, that the rights
and liabilities thereunder of the Commission or of the
lessor, as the case may be, and of the lessee, will, so far as 1 5
is reasonably practicable, be of not less value, and not
more onerous than their rights and liabilities respectively
under the retained lease in respect of the premises as
regards which the lease is substituted.
( 4 ) The provisions of the Sixth Schedule to this Act 2 0
shall have effect with respect to the granting of substi­
tuted leases under this section and the substitution or
variation of securities in the case of premises in mortgage.
(5) The following provisions shall have effect with
respect to the charge of stamp duty, where a substituted 25
lease is granted under this section, that is to say :—
(a) if the Commission are satisfied that the need
for the substitution arose wholly or partly
as a consequence of the passing of this Part of
the Act, they shall certify whether the whole 30
or part, and if part what part, of the rent or other
consideration reserved by the substituted lease
and of the term thereby created ought in their
opinion to be taken as being reserved and
created in substitution for the rent or other 35
consideration reserved by the retained lease
and the term thereby created respectively, and
the amount of the stamp duty, if any, to be
charged upon a substituted lease in respect of
which a certificate is given under this subsection 40
shall be computed as if the rent or other con­
sideration reserved thereby and the term thereby
created had included only such part, if any,
thereof respectively as is not stated in the certifi- A . D . 1937.
cate as being in substitution as aforesaid;
^ ­
PART I .
5
10
(6) the substituted lease shall not be deemed to be
duly stamped unless the Commissioners of Inland
Revenue have expressed their opinion thereon
in accordance with the provisions of section
twelve of the Stamp Act, 1891;
(c) no stamp duty shall be chargeable upon a substi­
tuted security, or an instrument making pro­
vision for the variation of a subsisting security,
made and expressed to be made pursuant to
the provisions of the Sixth Schedule to this
Act.
—cont.
11.—(1) A right granted by the Railway and Canal P r o v i s i o n s
15 Commission under the Mines (Working Facilities and t o M i n e s
Support) Act, 1923, either as originally enacted or as j^^^f
extended by section thirteen of the Mining Industry Act,
p,
1926 (in this Act referred to as a " working facilities p o r t ) A c t s
right"), notwithstanding that it confers any estate a n d o r d e r s
20 interest charge or power in on or over coal or a mine of t h e r e u n d e r ,
coal, or that it. is annexed to coal or a mine of coal,
shall not vest in the Commission by virtue of this Act,
and the title to any coal hereditaments given to the
Commission by the provisions of sections three and eight
25 of and the Second Schedule to this Act shall be subject
to any working facilities right that adversely affects those
coal hereditaments.
a s
a n d gu
(2) Section six of this Act shall have effect as if
references therein to the lessee under a coal-mining
30 lease included references, to the grantee of a Avorking
facilities right.
(3) Provision shall be made by rules made by the
Board of Trade under the power in that behalf conferred
upon them by the Third Schedule to this A c t —
35
40
(a) for treating interests in coal hereditaments
affected by an order granting a working facilities
right as together constituting a separate subject
of compensation in any case in which it appears
to them that the compensation therefor can be
ascertained and paid most conveniently and
expeditiously in that way; and
A . D . 1937.
PART I .
—cant.
(b) for determining the person entitled to the com­
pensation for interests treated as a separate
subject of compensation by virtue of rules
made for the purposes of this subsection :
Provided that rules made for the purposes of this 5
subsection shall be made by the Board after consultation
with the Railway and Carnal Commission.
(4) The provisions of sections one to seven of the
Mines (Working Facilities and Support) Act, 1923, and
the provisions of sections nine to fourteen of that Act 1 0
that relate to a right to work minerals, shall, as from
the appointed day, have effect as if coal had not been
included in the minerals to which those provisions apply,
and section thirteen of the Mining Industry Act, 1926,
shall cease to have effect as respects coal :
15
Provided that, notwithstanding the foregoing pro­
visions of this subsection, the Railway and Canal Corn­
mission may exercise on or after the appointed day any
power conferred on them by any of the said enactments
in relation to coal so far as may appear to them to be 2 0
requisite for giving effect to an order granting a working
facilities right subsisting immediately before the appointed
day, and the said provisions shall not affect the power
conferred on the said Commission by section eighteen
of the Railway and Canal Traffic Act, 1888, to review 2 5
and rescind or vary any such order.
llight of
freeholder
in posses­
sion of coal
to lease
thereof.
12.—(1) A person carrying on the business of coal­
mining immediately before the appointed day, who is
then beneficially entitled (whether or not subject to a
mortgage) to the entire fee simple in coal or a mine of 3 0
coal that is not subject at the appointed day to any
coal-mining lease, shall have the right, if he has made an
application in writing in that behalf to the Commission
before the appointed day, to a grant from the Commission
of a coal -mining lease comprising any coal or mine of coal 3 5
specified in his application to which he is so entitled and
any property and rights that vest in the Commission there­
with and are not at the appointed day comprised in any
coal-mining lease :
Provided that a person shall not be entitled under 4 0
this section to a lease the grant of which would interfere
with the exercise of a working facilities right.
(2) A lease granted under this section shall be granted A . D . 1937.
for such a term as the person entitled to the lease may
"—
require, not being longer than m a y be reasonable requisite
^^f"
for enabling the coal comprised therein to be worked out,
5 and subject to such conditions with respect to rent and
otherwise as are customary in the district, or, where there
are no customary conditions or the customary conditions
are not applicable, subject to such conditions as may be
reasonable.
( 3 ) The provisions of the Seventh Schedule to this
Act shall have effect with respect to the granting of
leases under this section and the substitution or variation
of securities in the case of premises in mortgage.
(4) No stamp duty shall be chargeable upon a lease
15 granted and expressed to be granted under this section, or
upon a substituted security, or an instrument making pro­
vision for the variation of a subsisting security, made and
expressed to be made pursuant to the provisions of the
Seventh Schedule to this Act.
10
20
( 5 ) A person who has duly made an application for
a grant under this section of a lease of any coal shall be
at liberty, pending his becoming entitled by virtue of ­
the lease to the possession of the premises to be demised
to carry on any coal-mining operations in relation to that
25 coal, and shall be entitled for the purposes of any such
operations to use any property and to exercise any rights
vested in the Commission with that coal.
(6) In respect of the period between the appointed
day and the date on which the rent reserved by a lease
30 granted under this section commences to accrue, a sum
equal to the rent that would have accrued during that
period if the lease had been granted on the appointed day
and had reserved rent for that period at the rate and on
the terms on which the first instalment of rent payable
35 under the lease is reserved, shall be payable by the lessee
to the Commission and shall be recoverable together with
that instalment as if it had been rent.
(7) The lessee- under a lease granted under this
section may, with the consent in the case of premises that
40 were subject to a mortgage of the mortgagee, require the
Commission, in lieu of recovering any sum that becomes
payable by him, either under the lease by way of rent or
under the last preceding subsection, before the com­
pensation in respect of the fee simple in the demised
19
C
premises is paid, to take that sum into account as a
payment on account of such compensation made on the
date on which that sum would have been recoverable.
[(8) For the purposes of the enactments relating tb
mineral rights duty and royalties welfare levy, a person 5
who has duly made an application for a grant of a lease
under this section shall be deemed to have been the
working lessee as respects the coal hereditaments to be
comprised in the lease as from the appointed day, and,
for the purposes of the assessment, collection and 10
recovery of the said duty and levy on. and from the
Commission, the sum payable by that person under
subsection (6) of this section shall be deemed to be rent,
and any sum taken into account under the last pre­
ceding subsection shall be deemed to be paid on the date 15
on which the compensation is paid.]
Financial
Provisions.
13. All sums received by the Commission shall be
paid into a separate fund in accordance with regulations
made by the Board of Trade with the approval of the 20
Treasury and all payments by the Commission shall be
made out of that fund.
14.—(1) The Commission shall establish a reserve
fund, and shall carry to the credit of that fund,
immediately after the accounts of the Commission for 25
each financial year of the Commission have been made
up, an amount equal to any excess of their revenues for
that financial year over their liabilities for that year in
respect of salaries, allowances, remuneration, pensions
and gratuities payable by them under the First or Third 30
Schedule to this Act, of interest on any loan raised
or stock issued by them, of any sums which by the
terms of the raising or issue of any such loan or stock
the Commission are bound to set aside towards the
repayment of the principal thereof and which are properly 35
chargeable to revenue account, and of any other matter
involving a liability properly so chargeable (which excess
is in this and the next succeeding section referred to as
" the Commission^ annual surplus " ) .
(2) The reserve fund shall be applicable primarily 4 0
for the purposes of meeting any deficiency at any time
arising on the revenue account of the Commission and of
meeting any extraordinary claim or demand at any time A . D . 1937.
arising against the Commission, and the Board of Trade
—
shall from time to time, with the approval of the Treasury, . P . I by regulation prescribe—
" '
A R T
co
5
(a) an amount, in this and the next succeeding
section referred to as " the prescribed minimum
reserve ", being such an amount as ought, in the
opinion of the Board and the Treasury, to be
held for the time being to the credit of the
reserve fund for answering those purposes; and
10
(b) an amount, in this and the next succeeding
section referred to as " the prescribed appro­
priation to reserve," being such an amount as
ought, in the opinion of the Board and the
Treasury, to be made available for carrying to
the credit of the reserve fund at the end of each
financial year of the Commission whilst the
regulation remains in force.
15
(3) At any time at which the value of the reserve
2 0 fund is greater than the prescribed minimum reserve,
the Commission may apply a part thereof not exceeding
in value the amount of the excess in purchase for cancella­
tion of stock issued by them under this Act or otherwise
for the redemption of debt.
25
(4) Sums credited to the reserve fund shall be
invested from time to time in such manner as the Corn­
mission may, with the approval of the Board of Trade,
think fit, and references in this and the next succeeding
section to the value of the reserve fund or of any part
3 0 thereof shall be construed as references to the value
of the investments and cash of which the reserve fund
or that part thereof consists, as determined by the
Treasury.
1 5 . — ( 1 ) If at any time, on an estimate made by R e d u c t i o n
the Commission, it appears to them that their annual b y t h e Corn­
surplus for future financial years is likely on the average J ^
to exceed the amount which is at that time the prescribed
­
appropriation to reserve, they may reduce any such
rents within their control as are specified in the next
4 0 succeeding subsection by amounts not exceeding in the
aggregate one-half, or if the value of. the reserve fund
is then greater than the prescribed minimum reserve
35
1 8 8 1 0 1 1
0
"
19
C
2
rents
the whole, of the estimated excess of their annual surplus
over the prescribed appropriation to reserve.
(2) The rents which may be reduced under the
preceding subsection shall b e ­
(a) rents payable in respect of underground way- 5
leaves;
(6) rents payable by particular lessees working coal
in any district or part of a district which are,
having regard to all the circumstances, more
onerous than the average of the rents payable 10
by lessees working coal under similar conditions
in that district or part of a district; and
(c) rents payable by lessees generally working coal
in any district or part of a district which are,
having regard to all the circumstances, more 15
onerous than the average of the rents payable
by lessees generally working coal under similar
conditions in other districts or in another part
of that district:
Provided that if at any time the Commission report 20
to the Board of Trade that such reduction of rents as :
they have power to effect under the foregoing provisions
of this subsection has been substantially completed, the
Board of Trade may make and lay before Parliament
an order making provision to the effect that the preceding 25
subsection shall apply to rents within the control of the
Commission generally or to any class of such rents, and,
if each House of Parliament resolves that the order be
approved, the order shall have effect from such date as
the Board of Trade may appoint.
30
(3) Subject as aforesaid the Commission shall not
reduce any rent during the currency of the lease by which
it is reserved, and in granting leases, other than leases
to be substituted for retained leases under subsection (1)
of section ten of this Act, the Commission shall reserve 35
the best rent which in their opinion can reasonably be
obtained, regard being had to any power to reduce
rents for the time being exercisable by them in accordance
with the preceding provisions of this section, to any
money laid out or to be laid out by the lessee and generally 40
to the circumstances of the case :
Provided that the Commission may reduce the rent ,
reserved by a least, or may grant a lease reserving a rent
less than the best rent, if they are satisfied that other
provision made by the lease in consideration of their so A . D . 1937.
doing affords a financial advantage substantially equi- .": valent in value to the amount of the reduction or to the
^
amount by which the rent is less than the best rent, as
'
5 the case m a y be.
E T
c o n
16.-(1) For the purposes hereinafter mentioned the P o w e r o f
Commission may, in accordance with regulations made the Commia­
by the Board of Trade with the approval of the Treasury,
borrow money in such manner and subject to such pro­
*
10 visions as to the repayment thereof and as to re-borrowing
for the purpose of paying off a loan previously raised as
may be prescribed by the regulations.
orrow
(2) The regulations may empower the Commission to
borrow temporarily from bankers or otherwise, and may
15 Pply with or without modifications any enactments
relating to borrowing by local authorities.
a
17.—(1) The Commission may borrow for all or any P u r p o s e s
of the following purposes :—
which
f o r
the C o m m i s ­
20
25
30
35
40
(a) the payment of the principal sums payable by sion m a y
way of compensation under section three of this b o r r o w .
Act [and of the interest on those sums];
(6) the payment of the sums payable by the Corn­
mission under the Third Schedule to this Act
in respect of remuneration of the members of
the compensation tribunal and of persons
appointed to assist them and in respect of
costs;
(c) the payment of interest accrued up to thefirst^
anhiversary of the compensation date on money
borrowed by the Commission, of the administra­
tive expenses of the Commission incurred before
the saidfirstanniversary, and of any other ex­
penditure properly incurred by the Commission
before the saidfirstanniversary on revenue
account;
(d) any purpose within the powers of the Corn­
mission the cost of which ought in the opinion
of the Board of Trade to be spread over a term
of years;
(e) the repayment of any advances made to the
Commission by the Treasury under this Act.
A . D . 1937.
PART I .
—cord.
P o w e r to
issue stock.
P o w e r of
T r e a s u r y to
guarantee
loans.
(2) Any money borrowed under this section and the
interest thereon shall.be charged on all the property and
revenues of the Commission, and shall be repaid within
such period as the Treasury may determine.
( 3 ) The maximum amount which may be borrowed 5
by the Commission under this section shall be an amount
sufficient to raise [
] pounds, and the Corn­
mission shall not have power to borrow any sums in
excess of that amount otherwise than for the purpose
of paying off loans previously raised.
10
18.—(1) The Commission may, for the purpose of
raising money which they are authorised to borrow under
this Act, create and issue stock to be called Coal Mines
Commission Stock.
(2) Any stock issued by the Commission and the 15­
interest thereon shall be charged on all the property
and revenues of the Commission.
(3) Subject to the provisions of this Act, any stock
-created by the Commission shall be issued, transferred,
dealt with and redeemed according to regulations made 2 0
by the Board of Trade with the approval of the Treasury.
(4) Any such regulations may apply for the purpose
of this section, with or without modifications, any pro­
visions of the Local Loans Act, 1875, or of any enactments
relating to stock issued by any local authority.
25
19.—(1) The Treasury may guarantee in such
manner and on such conditions as they think fit the
payment of the principal and interest on any loan
proposed to be raised by the Commission.'
(2) The aggregate amount of the principal of the 3 0
loans which may be so guaranteed shall not exceed an
amount sufficient to raise [
] pounds.
(3) Any sums required by the Treasury for fidfilling
any guarantee given under this section shall be charged
on and issued out of the Consolidated Fund of the United 35.
Kingdom or the growing produce thereof, and any sums
received by way of repayment of any sums so issued or of
interest thereon shall be paid into the Exchequer [applied,
in such manner as the Treasury may direct, to the
redemption of debt].
40
(4) All the property and revenues of the Corn­
mission shall be charged with the repayment of any sums
so issued out of the Consolidated Fund, including interest A . D . 1937.
thereon at such rates as the Treasury may determine,
next after the principal and interest of the guaranteed.
^J'
loan and any sums which by the terms of the raising or
"
5 issue of the loan the Commission are bound to set aside
towards the repayment of the principal thereof, and in
priority to any'other charge not existing at the date on
which the loan is raised.
o
(5) The Treasury shall, so long as any such guarantee
TO is in force, lay before both Houses of Parliament in every
year within one month after the thirty-first day of March'
a statement of the guarantees, if any, given during the
year ending on that date, and an account of the total
sums, if any, which have up to that date been either
/
T5 issued out of the Consolidated Fund under this section
or received by way of repayment of any sums so issued.
P
a
c o n
20.—(1) The Treasury m a y out of moneys provided P o w e r of
by Parliament make temporary advances on such terms T r e a s u r y
and conditions as the Treasury may determine for the ^ ^ g
20 payment of the administrative expenses of the Corn­
mission incurred before the expiration of [
]
years from the date of the passing of this Act.
(2) All sums received by way of repayment of any
advances made under this section or of interest thereon
:25 shall be paid into the Exchequer [applied, in such manner
as the Treasury may direct, to the redemption of debt].
a
n
c
a
21.—(1) The Commission shall prepare accounts of Accounts
their transactions under [this Part of] this Act in respect
audit.
Of the period between the date of the passing of this Act
:30 and the thirty-first day of March next following and of
each subsequent period of twelve months ending on that
day (each of which periods is in this Part of this Act
referred to as a " financial year of the Commission ")
in such form and manner as the Board of Trade, with the
35 approval of the Treasury, m a y direct, and shall transmit
the accounts to the Board of Trade at such time as the
Board, with the approval of the Treasury, m a y direct.
(2) The Board shall, on or before the [
]
day of [
. .
] in each year transmit to the
-40 Comptroller and Auditor General the accounts prepared
by the Commission under the preceding subsection for their
financial year last ended, and the Comptroller and
a n d
A . D . 1937. Auditor General shall examine and certify them and lay
' —copies thereof, together with his report thereon, before
PAKE-I.
both Houses of Parhament.
!
:—cord.
Miscellaneous.
Commission
22. Nothing in this Act shall be deemed to exempt 5
not to be ex- the Commission from liability for any tax, duty, rate,
emptfrom
royalties welfare levy, or other charge whatsoever,
taxation,&c. whether general or local.
of alienation
th
C
Com
r 0 m
mission "
1
23. —(1) A power to acquire land compulsorily
conferred by or under any enactment (including, unless 1 0
t y intention appears therein, an enactment
passed after the date of the passing of this Act) shall not
be exercisable on or after the appointed day in respect
of any coal or mine of coal, other than coal that is
necessary to be dug or carried away for the purposes of 1 5
operationsforthe purposes of which the power is con­
ferred or a mine that is necessary to be used for the
purposes of such operations.
"
;
Prevention
c o n
r a r
(2) No right adverse to the title of the Commission
to the fee simple in any coal or mine of coal shall be 20
capable of being acquired under the Real Property
Limitation Acts, 1833, 1837, and 1874, or any of them .
or under any enactment amending any of those Acts "
(including, unless the contrary intention appears therein,
' on enactment passed after the date of the passing of this 25
Act.
( 3 ) The Commission shall not alienate the fee simple
- - in any coal or mine of coal, other than coal that is
necessary to be dug or carried away for the purposes of
operations other than coal-mining or a mine that is 3 0
necessary to be used for such purposes, or coal present
among other minerals that is of so small value that the
working thereof is unlikely to be undertaken except as
an operation subsidiary to the working of such minerals,
or a mine used primarily for the working of minerals 35­
other than coal.
(4) In this section references to coal shall not be
construed as including references to minerals or substances
that are subsidiary coal hereditaments.
(5) This section binds the Crown.
40­
[ 1 E D W . 8. &
Goal.
2i
A . D . 1937.
1 G E O . 6.]
—
PART I.
N
J
T
24. On and after the appointed day it shall not be C o m m i s s i o n
lawful for any person, other than the Commission or a t o h a v e e x ­
person authorised by them by a coal-mining lease or elusive r i g h t
otherwise so to do, to search or bore for coal.
tosearchand
bore l o r coal.
N o under-lease shall be capable of being P r o v i s i o n
created by the lessee under a lease granted by the Com- a g a i n s t
mission of any coal hereditaments comprised therein. a s s i g n m e n t ,
( 2 ) In every lease granted by the Commission there ] s e s w i t h ­
shall be implied, and every retained lease shall have effect out the
1 0 as from the appointed day as if it had contained, a c o n s e n t o f
covenant on the part of the lessee or of the lessees jointly . 9 "
and severally, as the case m a y be, not to assign or to
­
part with the possession of or (in the case of a retained
lease) * to underlet any coal hereditaments comprised
1 5 therein withoutfirstobtaining the written consent of
the Commission, and the covenant shall have effect as
a covenant to which section seventy-nine of the Law of
Property Act, 1925, applies and which does not contain
any such expression of contrary intention as is therein
2 0 mentioned.
5
25.—(1)
e a
th
e
o m
nussion
2 6 . — ( 1 ) The lessee under every coal-mining lease P r o v i s i o n s
subsisting at- the date of the passing of this Act shall as to
within three months from that date, and the lessee under o b t a i n i n g
every coal-mining lease granted after that date and before f ^ ^ ^ o s e
2 5 the appointed day shall, within fourteen days from the o ^ P a r t I .
date on which the lease is granted, deliver to the Com­
mission a copy of the lease or, if the lease is by parole
a statement in writing setting out all the terms of the
lease.
30
A person required by this subsection to deliver a
copy of a lease or a statement shall be entitled to be paid
by the Commission all costs reasonably incurred by him
in the preparation and delivery thereof.
(2) O n the appointed day the property in and the
35 right to possession of the following documents relating
to the management of coal hereditaments shall vest in
the Commission, that is to say, all plans, sections, records
of survey and other such documents, that belong imme­
diately before the appointed day to a person interested
40 in coal or a mine of coal, other t h a n ­
(a) documents that belonged to the lessee under a
retained lease, or to a person claiming under
him, and that relate to coal hereditaments
P
19
D
S E S
[1 E D W . 8. &
1 G E O . 6i]
A . D . 1937.
PART I .
—cont.
not affected by any direction given under sub­
section (2) of section eight of this Act as respects
interests arising under that lease ; and
(&) documents that belong to a person who has duly
made application under section twelve of this 5
Act for. a grant from the Commission of a lease
of any coal hereditaments and that relate to
those coal hereditaments.
(3) Where after the appointed day a person retains
possession of any document relating to the title to or to 10
the management of coal hereditaments, he shall be deemed
to have given to the Commission and to the compensation
tribunal an acknowledgement in writing of the right of
the Commission and of that tribunal to production of
that document and to delivery of copies thereof, and 15
section sixty-four of the Law of Property Act, 1925,
shall have effect accordingly (and on the basis that the
acknowledgement did not contain any such expression
of contrary intention as is mentioned in that section),
subject however to the following modification, that is 20
to say, that the references in subsection (4) of that section
(which relates to the purposes of production of documents)
to the title or claim of the person entitled to request
production shall be deemed to include references to the
ascertainment of values for the purposes of the provisions 25
of section four of this Act.
This subsection shall have effect without prejudice
to any powers exercisable under the Arbitration Acts,
1889 to 1934, by a valuer appointed under the Third
Schedule to this Act.
30
(4) Any person authorised in writing by the Corn­
mission, a. valuer appointed under the Third Schedule
to this Act, and any person authorised in writing by
such a valuer, shall be entitled, on production in the
case of a person authorised as aforesaid of his authority 25
if so required, with or without workmen or other assist­
ants at all reasonable times to enter upon, inspect and
examine any premises where operations for coal-mining
purposes or purposes connected therewith are carried
on and to take plans and measurements of workings 40
therein and to use free of charge all machinery and other
facilities therein requisite or convenient for the exercise
of any of the powers aforesaid, and it shall be the duty
of all persons competent in that behalf to refrain from
Goal.
23
any act which might obstruct, and to give all assistance A . D . 1937.
requisite for, the exercise of the powers conferred by this
—
subsection.
PART I .
—cont.
(5) Any person who makes default in compliance
5 with the provisions of subsection (1) of this section, or
who, on being duly required by virtue of the provisions of
subsection (3) or (4) thereof to produce any document
or to do or refrain from doing any other act, makes
default in complying with the requirement, shall be guilty
10 of an offence under this section and shall be liable on
summary conviction to afinenot exceedingfiftypounds,
and, in the case of a continuing offence, to a fine not
exceeding ten pounds in respect of every day [after
conviction] on which the offence continues.
15
27. Nothing in this Part of this Act shall affect any S a v i n g f o r
right of a highway authority to the support of the highway r i g h t s o f
or any right of any person to restrict or prevent the
working of any coal under the provisions substituted by g
sectionfifteenof the Mines (Working Facilities and
20 Support) Act, 1923, for sections seventy-eight to eighty­
five of the Railway Clauses (Consolidation) Act, 1845*
under the Public Health (Support of Sewers) Act, 1883,
under any private or local Act, or under any order having
effect, with or without confirmation by Parliament, under
25 an enactment.
m
a
28. This Part of this Act shall have effect in relation
to coal hereditaments that are immediately before the *
appointed day registered land within the meaning of the
Land Registration Act, 1925, as if they had not been
30 registered land.
0
g
e
g
Application
registered
29.—(1) The. provisions of this Part of this Act, A p p l i c a t i o n
other than the provisions of section six thereof with P^? ^
respect to compulsory orders, shall apply to land * f C o m w a U
belonging to His Majesty or forming part of the
35 possessions of the Duchy of Cornwall, or belonging to a
Government department or held in trust for His Majesty
for the purposes of a Government department.
t o
(2) In the application of the provisions of this
Part of this Act that relate to the payment and disposal
40 of compensation payable under section three of this Act
to subjects of compensation that consist of or comprise
interests in land specified in the preceding subsection,
D 2
19
wn
A D . 1937. those provisions shall have effect subject to the following
—
modifications, that is to say, that the persons entitled
^-^ont'
* ^ e compensation for such subjects shall be the persons
specified in the second column of the Table set out at
the end of the Third Schedule to, this Act in the case of 5
subjects consisting of or comprising interests in the
lands respectively specified in the first column of that
Table, and those persons shall dispose of the principal
sums and interest attributable to such interests in the
manner specified in the third column of that Table.
10
0
(3) In this section and in the said Table, "possessions
of the Duchy of Cornwall " has the meaning assigned to
it by section thirty-seven of the Duchy of Cornwall
Management Act, 1863, and " private estates of His
Majesty" has the meaning assigned to it by section one 1 5
of the Crown Private Estates Act, 1862.
[ S a v i n g for
Forest of
Dean.
Q
30. This Part of this Act shall not apply to land in
the Forest of Dean or in any other part of the Hundred
£ g j t Briavels in the county of Gloucester, being land,
in respect of which the privileges of free miners are 2 0
exercisable.]
a
n
Alternative.
[Application
to
Forest of
Dean.
30.—(1) This Part of this Act shall have effect
j its application to land in the Forest of Dean or in
any other part of the Hundred of Saint Briavels in the 2 5
county of Gloucester, being land in respect of which the
privileges of free miners are exercisable, subject to the
following modifications.
n
( 2 ) Subsection ( 1 ) and subsection (2) of section three
of, and the Second Schedule to, this Act shall not have 3 0
effect, but this Part of this Act shall have effect as if for
the said subsections and Schedule there had been substi­
tuted the following provision, that is to say, on the
appointed day all the estate and interest of the Forestry
Commissioners in all unworked coal and mines of coal 35
shall vest in the Commission, subject to and in accordance
with the provisions of the Dean Forest (Mines) Act, 1838,
and any enactment amending that Act, (in this section
referred to as " the Dean Forest enactments ") and to all
estates, interests, rights, powers and liabilities subsisting 4 0
or to be created under or by virtue thereof.
] Emv. 8. &
I G E O . 6.]
Coal.
25
(3) Sections eight, nine and ten of this Act shall not A.D. 1937.
have effect.
­
(4) Provision shall be made by rules made by the
Board of Trade under the power in that behalf conferred
5 upon them by the Third Schedule to this Act for treating
the said estate and interest vested in the Commission as
constituting a separate subject of compensation and the
Forestry Commissioners shall be the persons entitled
to the compensation therefor.
10
(5) All powers conferred by the Dean Forest enact­
ments that were vested in the Forestry Commissioners
immediately before the appointed day shall continue
to be exercisable by them notwithstanding the vesting
in the Commission of the said estate and interest,
15 and accordingly rent attributable to the said estate
and interest shall continue to be recoverable by the
Forestry Commissioners, until other provision in that
behalf is made under the next succeeding subsection,
but the following provisions shall have effect in relation
20 to such rent, that is to say—­
(a) in computing the total amount of the principal
and interest payable under section four of this
Act by way of compensation in respect of the
said estate and interest, there shall be treated
25
as having been paid on account of such, com­
pensation all such rent that accrues between
the appointed day and the date on which the
compensation is paid;
(&) the Forestry Commissioners shall pay to the
30
Commission all such rent recovered by them
that accrues after the appointed day;
(c) any difference between the Commission and the
Forestry Commissioners as to the amount of the
rent to be brought into account, or paid, under
35
the last preceding paragraph shall be determined
by [the Treasury].
(6) His Majesty may by Order in Council make pro­
vision for vesting in the Commission any of the powers
conferred by the Dean Forest enactments that were
40 vested in the Forestry Commissioners immediately before
the appointed day in so far as they relate to coal or mines
of coal, and any such order may make provision for any
requisite modification of the Dean Forest enactments.
PART I .
—cont.
A.D. 1937.
The Board of Trade shall lay before Parliament the
-—
draft of any Order which it is proposed to recommend
^con/*" ^
Majesty in Council to make under this subsection,
and no further proceedings shall be taken in relation
thereto except in pursuance of an Address presented to 5
Biis Majesty by both Houses of Parliament praying that
the Order may be made in the terms of the draft.]
A
Tnterpreta-
tion.
S
31. In this Part of this Act, unless the context
otherwise requires, the following expressions have the
meanings hereby assigned to them respectively, that is to 10
say:­
" Appointed day" means such day as may be
appointed by order of His Majesty in Council;
" Coal " means bituminous coal, eannel coal, anthra­
cite and lignite or brown coal, and all other solid 15
fuels (except peat and oil shale) which are.
contained in the eartffs crust, and has also the
extended meaning-assigned to it by subsection (2)
of section three of this Act;
" Coal hereditaments " has the meaning assigned to 2 0
it by section three of this Act;
" Coal-mining lease" means a lease that confers
a right to work and carry away coal;
" Coal-mining purpose " means searching and boring
for, winning, working, getting, making merchant- 2 5
able, carrying away or disposing of, coal;
" Compensation date" has the meaning assigned to
it by section four of this Act;
" District " means the area for the time being treated
under the Coal Mines (Minimum Wage) Act, 30
1912, as a district for the purposes of the
minimum rate;
" Interested in " means, in relation to a person
referred to as interested in any coal or mine,
or in any other land, any person entitled to, or 35
to exercise, or interested in, or in the exercise
of, any estate, interest, charge or power in, on
or over that coal or mine or that other land, as
the case may be, other than a person entitled
or interested as aforesaid in respect only of the 40
benefit of a servitude or restrictive covenant
adversely affecting that coal or mine or that
other land, as the case may be;
.: .
;5
10
----15
"Lease " includes an under-lease and an agreement A . D . J937.
, under which the right to have a lease or under—
lease granted is subsisting; neither "lease" 'z^mt'
nor "under-lease " includes a mortgage; "lease "
and " under-lease " each include a licence
(whether personal or by way of profit a prendre)
that confers a right to work and carry away
coal; and in relation to such a licence the
expressions " rent " and " reversion " and other
expressions importing a reference to a lease
shall be construed accordingly with the requisite
adaptations;
" Mine of coal " means a space which is occupied by
unworked coal or which has been excavated
underground for a coal-mining purpose, and
includes a shaft and an adit made for a coal­
mining i3urpose;
20
25
30
35
40
"Person claiming under" means, in relation to a
person referred to as claiming under the estate
owner in respect of the fee simple in any land
or as claiming under the lessee under a lease of
any land, a person interested in the land in
respect of either—
(a) an ecraitable interest (including an equit­
able mortgage) or an equitable power
enforceable, otherwise than by virtue of
a lease taking effect in equity, against
such owner or lessee, as the case may be;
or
, (b) a legal mortgage of the fee simple or of the
term of years, as the case may be; or
/
(c) a rentcharge in possession which confers
a right to take the income of the land
incident to the fee simple or to the term
of years, as the case may be;
and, in the case of land formerly copyhold, includes,
in relation to a person referred to as claiming under the
estate owner in respect of the fee simple therein, a person
interested therein in respect, of a right saved by para­
graph ( 5 ) of the Twelfth Schedule to the Law of Property
Act, 1 9 2 2 ;
" Prescribed " means prescribed by rules made by
the Board of Trade;
- A . D . 1937.
—
" Rent" includes yearly or other rent, and toll,
duty, royalty, or annual or periodical payment
in the nature of rent, whether payable in money
or money's. worth or otherwise, but does not
include mortgage interest;
5
PART I cont
"
" Retained lease " has the meaning assigned to it
by section eight of this Act, and references to
" premises comprised in", or to " premises
subject to ", a retained lease shall be construed
in accordance with the provisions of that section; 10
" Servitude " means any liberty, privilege, easement,
' right or advantage annexed to any land and
adversely affecting other land, " surface servi­
tude " means any servitude (other than a right
to withdraw support) annexed to coal or a mine 15
of coal in so far as it adversely affects the surface
of any land, and " annexed to " means, in
relation to any coal or mine, or to any other
land, appertaining or reputed to appertain
thereto or to any part thereof, or demised, 20
occupied, or enjoyed therewith or with any
part thereof, or reputed or known as part or
parcel thereof or appurtenant thereto or to
any part thereof;
" Unworked coal'.' means coal that has not been so 25
severed from the earth's crust as to have become
a chattel;
" Working facilities right " has the meaning assigned
to it by section eleven of this Act.
Application
t o Scotland.
e
32.—(1) The provisions of this section shall have 30
ff t f the purpose of the application of this Part of
this Act to Scotland.
ec
or
(2) '.' covenant " means agreement or stipulation
and " restrictive covenant " shall be construed accord­
ingly and shall include a real burden ad factum 35
praestandum ; " demised " means let; " under-lease "
means sub-lease, "under-let" and "under-leased"
mean sub-let, and any reference to an under-lease
derived out of another lease shall be construed as a
reference to a sub-lease granted by a superior lessee; 4 0
" mortgage " means a heritable security and " mortgagee "
and " mortgagor " respectively mean the creditor and
[1 E n w . 8. &
1 G E O , 6.]
Coal
29
the debtor in a heritable security; " premises in mort- A . D . 1937.
gage " means premises subject to a heritable security;
—
"chattel" means corporeal moveable; "condition of
I­
re-entry " means power to bring a lease to an end or to
-- ­
5 resume possession;- any reference to a term of years shall
be construed as a reference to the lessee's interest under
a lease; references to a reversion or an immediate reversion
or a right of reversion expectant or immediately expectant
on a lease shall be construed as references to the interest
10 of the landlord in property subject to a lease; any
reference to rent reserved under a lease shall be construed
as a reference to rent payable under or stipulated for in
a lease.
P
a
k
t
,,nt
(3) "person interested" includes in the case of a
15 person interested in any coal or mine of coal, or in other
land, any holder of a feudal estate whether of superiority
or of property, and any heritable creditor, but does not
include a person interested as aforesaid in respect only
of the benefit of a servitude or of a real burden ad factum
20 praestanditm
adversely affecting that coal or mine of
coal or that other land, as the case m a y be; " heritable
creditor " means the creditor in a heritable security, and
" heritable security " means a heritable security within
the meaning of the Conveyancing (Scotland) Act, 1924,
25 exclusive of a real burden ad factum praestandum
;
"person claiming under" means, in relation to a
person referred to as claiming under the estate owner in
fee simple or as claiming under the lessee under a lease
of any land
30
35
(a) a superior
(b) a heritable creditor
(c) a lessee under a lease other than a coal-mining
lease
(d) a person having a personal title capable at the
' appointed day of being completed by infeftment,
(e) a person entitled to demand a conveyance of the
land by virtue of a valid and enforceable con­
tract, subsisting at the appointed day;
" superior " includes the Crown (without prejudice
40 to the Crown's inherent right of superiority over all land
in Scotland) and a subject superior or mid-superior;
" Rent " does not include feuduty or ground annual,
E
if)
A . D . 1937.
PAET
I.
-conf.
(4) For references to the Lands Clauses Consolida­
tion Act, 1845, and to section seven, section eighteen,
and sections eighty-four to ninety thereof there shall be
substituted respectively references to the Lands Clauses
Consolidation (Scotland) Act, 1845, and to section seven, 5
section seventeen, and sections eighty-three to eighty­
eight thereof; for references to the Railways Clauses
Consolidation Act, 1845, and to section seventy-seven and
sections seventy-eight to eighty-five thereof there shall
be substituted respectively references to the Railways 10
Clauses Consolidation (Scotland) Act, 1845, and to section
seventy and sections seventy-one to seventy-eight thereof;
for any reference to the High Court or the Supreme'
Court there shall be substituted a reference to the Court
of Session.
15
(5) Subsection (2) of section twenty-three of this Act
shall not apply, but no right adverse to the title to any
coal or mine of coal given to the Commission by the
vesting thereof in them by this Act shall be capable of
being acquired by prescriptive possession.
20:
(6) Subsection ( 2 ) of section twenty-five of this Act
shall have effect as if all the words occurring after the
words " consent of the Commission " were omitted.
( 7 ) Subsection ( 3 ) of section twenty-six of this Act
shall not apply.
25
PART
II.
Reduction in number of coal-mining
Transfer
to the
Commission
of f u n c t i o n s
of t h e C o a l
Mines R e ­
organisation
Commission.
undertakings.
3 3 - ( 1 ) The functions of the Coal Mines
Reorganisation Commission constituted by Part I I of the
Coal Mines Act, 1930, are hereby transferred to and 3 0
shall be performed by the Commission and the Coal
Mines Reorganisation Commission shall cease to exist
and accordingly the said Part I I shall have effect with
the substitution, for references therein to the Coal
Mines Reorganisation Commission, of references to the 35
Commission.
( 2 ) The payments to be made under the First
Schedule to this Act in respect of salaries, allowances,
remuneration, pensions and gratuities shall, to the extent
to which they are, in the opinion of the Treasury, 40
attributable to the execution of this Part of this Act,
[ 1 E D W . 8. &
1 G E O . 6.J
be made by the Board of Trade, and any expenses of the A . D . 1937.
Board under this subsection shall be defrayed out of
—
PART I I .
moneys provided by Parliament.
5
( 3 ) Section eleven of the Coal Mines Act, 1930, is
hereby repealed.
3 4 . — ( 1 ) Wherein the opinion of the Commission the D u t y o f t h e
number of separate undertakings consisting of or com- C o m m i s s i o n
prising coal mines (hereinafter referred to as " coal-mining
undertakings ") to which the coal in any area is leased coalmining
is so great as to be detrimental to the economical and u n d e r
efficient working, treating or disposing thereof, it shall takings
be the, duty of the Commission, both in granting new where
leases and in the performance of the duty of promoting cessary
ii
i
,.
i
- Y
in interests
-,
. i.
and assisting the amalgamation of coal-mming under- f efficiency.
takings to be performed by them by virtue of Part II
of the Coal Mines Act, 1930, to endeavour to effect a
reduction in the number of such undertakings :
Provided that the Commission shall not, under the
powers conferred by section thirteen of the said Act,
submit to the Boards of Trade any scheme under Part I
of the Mining Industry Act, 1926, until after the
day of
, nineteen hundred and thirty-nine, nor shall
they thereafter exercise the powers of submitting such a
scheme except in pursuance of an order made under this
section.
t o r e d u c e
10
ne
r
15
20
25
0
( 2 ) After the said [
] day of [
] the Corn­
mission may, at any time, if they are of opinion that
adequate progress in the reduction of the number of
coal-mining undertakings cannot otherwise be made,
30 make a report to the Board of Trade recommending that
the. powers of the Commission under the said section
thirteen of submitting amalgamation and absorption
schemes should become exercisable in any area specified
in the report as an area in which such progress has in the
35 opinion of the Commission been inadequate, and the
Board may give effect to any such recommendation,
either wholly or in part, by making an order declaring
that it is expedient that the number of coal-mining under­
takings should be reduced in that area or in any part
4 0 thereof specified in the order and directing that the
powers aforesaid shall be exercisable either un­
conditionally or subject to such conditions as may be
specified in the order :
19
E
2
A . D . 1937.
PART
II.
—cont.
Provided t h a t -
(a) any such order shall so define the area in which
the said powers are to become exercisable
as to show, so far as practicable, what under­
takings are likely to be affected by their
exercise; and
5
(b) before any such order is made, a draft thereof
shall be laid before Parliament together with
a copy of the report in pursuance of which the
order is proposed to be made, and if either 10
House of Parliament, within the next sub­
sequent twenty-eight days on which the
House has sat after the order has been laid
before it, resolves that the order be not made,
no further proceedings shall be taken thereon, 15
but such a resolution shall not prejudice the
making of any subsequent order.
(3) The said section thirteen shall have effect subject
to the amendments specified in the Eighth Schedule
to this Act.
20
P o w e r s of
the Commis
sion as to
obtaining
information
f o r purposes
of Part I I .
3 5 . — ( 1 ) Any member or officer of, or technical
or professional agent appointed by, the Commission,
authorised in writing by the Commission to make
inquiries on their behalf as to any coal-mining under­
taking specified in the authority, may, for the purpose 2 5
of obtaining information required by them for the
discharge of the functions to be performed by them by
virtue of this Part of this Act, enter any premises used in
connection with the carrying on of that undertaking, and
may inspect any such premises and may measure or 3 0
weigh any stocks, and may take copies or extracts of
any accounts, books, plans, or other documents, and
may require copies or extracts of any such accounts,
books, plans, or other documents to be delivered to the
Commission.
35
( 2 ) The Commission may require the owner of any
coalmining undertaking in an area in which their powers
under section thirteen of the Coal Mines Act, 1930, of
submitting schemes are exercisable, to prepare such
accounts, plans, or other documents, relating to the 4 0
undertaking and such valuations of the property and
liabilities of the undertaking as the Commission consider
necessary for the discharge of the functions aforesaid, A . D . 1937.
and may require copies thereof to be delivered to the
—
PART I I .
Commission.
(3) Any member or officer of, or technical or pro­
5 fessional agent appointed by, the Commission, before
exercising his powers under subsection (1) of this section
shall, if required to do so, produce his written authority
to make inquiries on behalf of the Commission as to the
coal-mining undertaking with respect to which the
10 pow ers are exercised; and any person required under
this section to deliver any copies or extracts to the
Commission shall be entitled to be paid by the Commission
all costs reasonably incurred by him in the preparation
and delivery thereof.
—cont.
-
(4) Any person who, after having had produced to
him the written authority of any such member officer
or agent as aforesaid, obstruct him in the exercise of his
powers under this section or refuses or neglects when
required to produce any accounts, books, plans or other
20 documents under his control, any person who refuses or
neglects when required to deliver to the Commission any
copy or extract of such accounts, books, plans or other
documents, and any owner of a coal-mining undertaking
who makes default in complying with any requirement
25 made under subsection (2) of this section, shall be guilty
of an offence and shall be liable on summary conviction
to afinenot exceeding fifty pounds or, in the case of a
person convicted of a second or subsequent offence under
this section, to afinenot exceedingfivehundred pounds
30 or to imprisonment for a term not exceeding three months
or to both such imprisonment and fine.
15
36.—(1) No stamp duty shall be payable—
Exemption
(a) in respect of any amalgamation or absorption ^ u t y ^
scheme confirmed under Part I of the Mining r e s p e c t o f
Industry Act, 1926; or
amalgama­
a m p
35
t i o n or
(6) in respect of any amalgamation scheme framed a b s o r p t i o n
in accordance with the provisions of Part I of s c h e m e s a n d
that Act by the owners of two or more coal- i n s t r u m e n t s
mining undertakings, if the Board of Trade j ^
a
are satisfied, on the recommendation of the
Commission that the scheme is in the national
60
40
A . D . 1937.
—
PAET II.
cont
'
interest, and, on the recommendation of the
owners by whom the scheme was framed that
jt is unnecessary for the purpose of giving
effect"to the scheme that it should be referred
to and confirmed by the Railway and Canal 5
Commission under that Act; or
(c) in respect of any share or loan capital issued, or
any conveyance agreement assignment or
transfer made, or document executed, or thing
done, in pursuance of any scheme exempt from 1 0
stamp duty under the foregoing provisions
of this section, or in pursuance of any arrange­
ments for combining the financial interests in
coal-mining undertakings by the formation
of holding companies or otherwise, being 15
arrangements approved on the recommenda­
tion of the Commission by the Board of Trade
as being in the national interest, if in either
case the Board certify that the issue, making,
execution or the doing thereof is reasonably 2 0
required for the purposes of such a scheme,
or of such arrangements, and of conducing
to the more economical and efficient working
or disposing of coal.
(2) Subsection ( 2 ) of section five of' the Mining 25
Industry Act, 1926, and subsection ( 7 ) of section thirteen
of the Coal Mines Act, 1930, are hereby repealed.
PART
AMENDMENT
III.
A N D C O N T I N U A N C E OE P A R T
C O A L M I N E S A C T , 1930.
I
OF T H E
30
37. Sections five and eight of the Coal Mines Act,
1930, shall have effect subject to the amendments
c o n t i n u a n c e specified in the Ninth Schedule to this Act, and Part I of
o f P a r t I o f ^at Act (which, by virtue of subsection ( 1 ) of section one
Geo iti o 34 of the Coal Mines Act, 1932, is limited to expire on the 35
'
thirty-first day of December, nineteen hundred and
thirty-seven) shall, as amended by this Act, continue in
force until the thirty-first day of December, nineteen
hundred and forty-two, and no longer unless Parliament
otherwise determines.
40
Amendment
and
. [ 1 E D W . 8. &
35
Coal.
1 G E O . 6.]
PART
MISCELLANEOUS
A-Dvljm.
IV.
AND
GENERAL.
38.—(1) The miners welfare committee constituted A c q u i s i t i o n
under section twenty of the Mining Industry Act, 1920, ^ j ^ g
5 shall have power to acquire compulsorily, by means of a ^ y j
compulsory purchase order made by them and submitted f jt
to the Board of Trade and confirmed by the Board, a for p i t h e a d
right to use and occupy land for buildings required by b a t h s , & c .
that committee, and to acquire compulsorily as aforesaid
10 any other right in respect of any land which m a y be
required by them, for the performance by them of
their duty under section seventeen of the Mining Industry
Act, 1926, or under subsection ( 1 ) of section three of the
Mining Industry (Welfare Fund) Act, 1934 (which
15 relate respectively to the provision of accommodation '
and facilities for workmen talcing baths and drying
clothes and of accommodation and facilities which can
be conveniently and properly combined therewith).
r
m m
0
s
e
r
s
t e e
es
(2) The provisions of the Fourth Schedule to this
20 Act shall have effect in relation to a compulsory acquisi­
tion under this section as they have effect in relation tq
a compulsory acquisition by the Commission of a right
under section six of this Act, with the substitution for
references to the Commission of references to the said
25 committee:
Provided that an order made in relation to a com­
pulsory acquisition under this section shall make provision
for the conveyance to be made either to the Commission
or to some other person, as the Board of Trade may
30 thinkfit,upon such trusts as m a y appear to them to be
requisite for giving effect to the purpose for which the
order was made.
39. Subject as hereinafter provided, any person P r e v e n t i o n
who discloses any information obtained by him in the o f d i s c l o s u r e
35 exercise of powers conferred upon him by section twenty­ o f i n f o r m a ­
tion.
six or thirty-five of this Act shall be liable on con­
viction on indictment to imprisonment for a term not
exceeding two years or to a fine not exceeding five
hundred pounds or to both such imprisonment andfine:
40
Provided that nothing in this section shall apply
to the disclosure of any information in so far as it is
A.D.
PABT
1937.
IV.
—cont.
required to be published or disclosed for the purposes
of the performance of functions to be performed by the
Commission or a valuer or by the Board of Trade under
or by virtue of this Act," or for the purposes of any legal
proceedings (including arbitrations), or in so far as it 5
may be contained in any scheme submitted under
section thirteen of the Coal Mines Act, 1930.
L i a b i l i t y of
directors,
&c. of
b o d i e s cor­
porate for
offences.
40. Where an offence under this Act committed
by a body corporate is proved to have been committed
with the consent or connivance of, or to be attributable 10
to any negligence on the part of, any director, manager,
secretary or other officer of the body corporate, he as well
as the body corporate shall be deemed to be guilty of
that offence and shall be liable to be proceeded against
and punished accordingly.
15
Service of
n o t i c e s , &c.
41. Any notice, application in writing or other
document required or authorised to be served, made or
delivered under this Act may be served, made or delivered
either—
(a) by delivering it to the person on w h o m it is to 20
be served, or to w h o m it is to be made or
delivered; or
(&) by leaving it at the usual or last known place of
abode of that person; or
(c) by sending it in a prepaid registered letter 25
addressed to that person at his usual or last
known place of abode; or
(d) in the case of an incorporated company or body,
by delivering it to the secretary or clerk of the
company or body at their registered or principal 30
office or sending it in a prepaid registered letter
addressed to the secretary or clerk of the
company or body at that office; or
(e) if it is not practicable after reasonable inquiry
to ascertain the name or address of a person 35
on w h o m it should be served, or to whom it
should be made or delivered, as being a person
having any interest in land, by addressing it to
him by the description of the person having
that interest in the premises (naming them) to 4 0
which it relates, and by delivering it to some
person on the premises or, if there is no person
on the premises to w h o m it can be delivered,
by affixing it, or. a c O p y of it, to some conspicuous part of the premises.
5
A . D . 1937,.
—
t^nnt'
42. The Board of Trade Arbitrations, &c. Act, 1874 P o w e r s as
(which relates to the powers of the Board of Trade with inquiries,,
respect to inquiries, appointments and other matters *
under special Acts) shall apply as if this Act were a special
Act within the meaning of the first mentioned Act.
t o
&c
43. The Commission shall annually, at such date R e p o r t s to­
and in such form as the Board of Trade may direct, B o a r d of
make to the Board a report as to their proceedings under T r a d e ,
this Act during the preceding year, and the Board shall
lay every such report before Parliament, and the Com­
15 mission shall also, if at any time they are directed by
the Board so to do, make to the Board a report as to any
matter relating to their functions specified in the direction.
10
44.—(1) This Act may be cited as the Coal Act, S h o r t
1937.
20
'
(2) This Act shall not extend to Northern Ireland.
19
F
title,
and extent,
[1 E D W . 8.&
1 G E O . 6.J
A . D . 1937.
SCHEDULES.
FIRST
SCHEDULE.
C O N S T I T U T I O N A N D PROCEDURE OF T H E COAL, M I N E S
COMMISSION.
1. T h e C o m m i s s i o n s h a l l consist o f a c h a i r m a n
other m e m b e r s appointed b y the B o a r d of T r a d e
a p p r o v a l of the T r e a s u r y ] .
T h e B o a r d of T r a d e shall
one of the m e m b e r s of the Commission other t h a n the
t o act as d e p u t y chairman.
a n d four
[with the
nominate
chairman
2. T h e a p p o i n t m e n t o f a m e m b e r o f t h e C o m m i s s i o n shall,
s u b j e c t t o t h e p r o v i s i o n s o f this S c h e d u l e , b e f o r s u c h t e r m , riot
b e i n g less t h a n five y e a r s o r m o r e t h a n t e n y e a r s , as m a y b e
d e t e r m i n e d b y the B o a r d of T r a d e w i t h the a p p r o v a l of t h e
T r e a s u r y b e f o r e his a p p o i n t m e n t , a n d s h a l l b e s u b j e c t t o s u c h
c o n d i t i o n s as m a y b e so d e t e r m i n e d .
5
10
15
3. A p e r s o n shall b e d i s q u a l i f i e d for b e i n g a p p o i n t e d o r b e i n g
a m e m b e r o f t h e C o m m i s s i o n so l o n g a s h e is a m e m b e r o f t h e
C o m m o n s H o u s e of P a r l i a m e n t .
4. A p e r s o n s h a l l b e d i s q u a l i f i e d for b e i n g a p p o i n t e d o r b e i n g
a m e m b e r o f t h e C o m m i s s i o n so l o n g as h e is a m e m b e r , o r a n
officer o r s e r v a n t , o f a n o r g a n i s a t i o n o f e m p l o y e r s or o f w o r k ­
people in the coal-mining industry, a practising mining engineer,
o r in a n y other m a n n e r directly connected w i t h t h a t industry.
5. A m e m b e r o f t h e C o m m i s s i o n shall, w i t h i n three m o n t h s
after his a p p o i n t m e n t , sell o r d i s p o s e o f a n y interest or securities
w h i c h h e m a y h o l d i n his o w n n a m e o r i n t h e n a m e o f a n o m i n e e
for his benefit in a n y u n d e r t a k i n g c a r r y i n g o n [ i n G r e a t B r i t a i n ]
t h e b u s i n e s s o f c o a l m i n i n g o r s u p p l y i n g o r selling coal o r t h e
m a n u f a c t u r e o r sale o f b y - p r o d u c t s o f c o a l o r m a c h i n e r y o r p l a n t
for c o a l m i n i n g .
6. I t s h a l l n o t b e l a w f u l f o r a m e m b e r o f t h e C o m m i s s i o n
w h i l e h e h o l d s office t o a c q u i r e , d i r e c t l y or m d i r e c t l y , for his o w n
benefit a n y interest o r securities i n a n y s u c h u n d e r t a k i n g a s
a f o r e s a i d , a n d if a m e m b e r of t h e C o m m i s s i o n b e c o m e s e n t i t l e d
f o r h i s o w n b e n e f i t u n d e r a n y w i l l o r succession o r o t h e r w i s e t o
a n y i n t e r e s t o r securities in a n y s u c h u n d e r t a k i n g he s h a l l sell
o r d i s p o s e o f it o r t h e m w i t h i n t h r e e m o n t h s a f t e r h e h a s so
b e c o m e entitled thereto.
20
25
30
35­
Tl Emv. 8. &
1 G E O . 6.J
7. I f a member of the Commission becomes disqualified A . D . 1937­
for holding office, or is absent from meetings of the Commission
­
for more than six months consecutively except for some reason
SOB..
approved by the Board of Trade, or fails to comply with either of
^
-5 the two last preceding paragraphs, [or becomes in the opinion of
the Board unfit to continue in office or incapable of performing
his duties as a member of the Commission,] the Board shall
forthwith declare his office to be vacant and shall notify the fact
in such manner as they think fit, and thereupon his office shall
10 become vacant.
l s T
8. The Commission shall appoint a secretary and such other
officers, agents and servants as the Commission may determine.
9 . — ( ! ) There shall be paid out of the revenues of the Corn­
mission to the members of the Commission, or to any of them, such
15 salaries and allowances for expenses as the Board of Trade with
the approval of the Treasury may determine, and to the
secretary, officers, agents and servants of the Commission such
salaries and remuneration, and, on- retirement or death, such
pensions and gratuities, as the Commission may determine.
20
( 2 ) The payments to be made under this paragraph shall, to
the extent to which they are, in the opinion of the Treasury,
attributable to the execution of Part I of this Act, be made out
of the revenues of the Commission.
10. The Commission may act notwithstanding a vacancy in
25 their number, but a quorum of the Commission shall be not less
than two.
11. The seal of the Commission shall be authenticated by the
signature of the chairman of the Commission or some other
member of the Commission authorised by the Commission to act
30 in that behalf, and of the secretary or some other person
authorised by the Commission so to act.
12. Every document purporting to be an order or other
instrument issued by the Commission, and to be sealed with the
seal of the Commission authenticated in the manner provided by
35 this Schedule, or to be signed by the secretary or any person
authorised to act in that behalf, shall be received in evidence
and be deemed to be such an order or instrument without further
proof unless the contrary is shown.
13. Subject to the provisions of this Schedule, the Com­
40 mission shall have power to regulate their own procedure.
14. In this Schedule the expression " securities " includes
shares, stock, debentures and debenture stock.
19
40
Godli
A:iM937.
SECOND.
TITLE
SCHEDULE.
TO COAL H E R E D I T A M E N T S VESTED I N . T H E ..
COMMISSION B Y T H I S A C T .
;
Provisions as regards matters other than rights to withdrew) support.
1.—(1)
Subject as in this Schedule provided with, respect to
rights to withdraw support and subject to the provisions of
section eleven of this Act with respect to working facilities
rights—
V
(a) the like title, to any coal or mine of coal shall vest in the
Commission on the appointed day, and^
­
­
(6) there shall vest in the Commission with anjfteoal or.mine
- of coal the like property and rights-for the: like.title ,i and
(c) the title to any coal or mine of coal and to; any property
or rights vesting therewith given.to.the Commission
by the provisions of section three of this Act and of the
preceding sub-paragraphs shall be subject to the like
matters, to the like extent and in the like manner,
as if all.persons interested in the coal or mine had.been con­
veying parties to a conveyance taking effect on the appointed
day of the coal or mine to the Commission as purchasers for money
or money's worth with notice of all matters whereof notice is
material, being a conveyance containing such provisions as are
mentioned in paragraph 2 of this Schedule :
5
10
\-,­.
15
20
Provided that, so far as' regards coal or a mine comprised in
a retained lease, not being coal or a mine in the case of which 25
a direction is given under subsection ( 2 ) of section eight of this
Act as respects interests arising under that lease, the lessee there­
under and any person claiming under him shall not be deemed
to be a party to the conveyance thereof in respect of any interest
of his arising under, the lease.
30
;
( 2 ) The preceding sub-paragraph shall have effect, in relation
to any person entitled to any coal or mine who is not ascertained
or not existing or not of full capacity, as if he had been so; in
relation to any interest vested in a person who has not power to
convey it, as if he had had such power; and, in relation to any 35
interest capable of being conveyed only with some consent or
approval or at the request of some person, as if the consent,
approval or request had been obtained or made.
2 . — ( 1 ) The conveyance to be assumed for the purposes of
the foregoing paragraph shall be deemed to contain the provisions 40
mentioned in the two succeeding sub-paragraphs, but no other
s u c h t e r m or p r o v i s i o n as m i g h t h a v e l i m i t e d t h e a p p l i c a t i o n o f
s e c t i o n s i x t y - t w o o r s i x t y - t h r e e o f t h e L a w o f P r o p e r t y A c t , 1925,
to the conveyance.
-
:
( 2 ) T h e s a i d c o n v e y a n c e shall b e d e e m e d to c o n t a i n a p r o ­
- 5
v i s i o n , i n r e l a t i o n to a n y s u r f a c e s e r v i t u d e , t h a t t h e c o n v e y a n c e
o f t h e c o a l o r m i n e o f c o a l t o w h i c h it is a n n e x e d s h a l l b e d e e m e d
t o i n c l u d e it a n d shall o p e r a t e t o c o n v e y i t i n a case i n w h i c h t h e
p e r s o n s i n t e r e s t e d i n t h e c o a l or m i n e a r e n o t i n t e r e s t e d i n t h e
surface a d v e r s e l y affected, b u t t h a t i n a case i n w h i c h a n y o f
-.10 t h o s e p e r s o n s is i n t e r e s t e d i n t h e s u r f a c e t h e c o n v e y a n c e s h a l l h o t
'
b e d e e m e d t o i n c l u d e it a n d s h a l l n o t o p e r a t e t o c o n v e y it f u r t h e r
o r o t h e r w i s e t h a n as it c o u l d h a v e b e e n c o n v e y e d b y t h e m i f
n o n e o f t h e m h a d b e e n i n t e r e s t e d i n the s u r f a c e .
- (3) T h e said conveyance shall be deemed to contain a
- 1 5 p r o v i s i o n , i n r e l a t i o n t o a n y coal o r m i n e o f coal w h i c h is a d ­
v e r s e l y affected b y a s e r v i t u d e o r a r e s t r i c t i v e c o v e n a n t , t h a t ,
w h e r e a p e r s o n w h o is a c o n v e y i n g p a r t y as b e i n g i n t e r e s t e d i n
t h e c o a l or m i n e is i n t e r e s t e d a l s o i n l a n d o t h e r t h a n c o a l o r a
m i n e o f c o a l t o w h i c h t h a t s e r v i t u d e is a n n e x e d o r w i t h w h i c h t h e
2 0 b e n e f i t o f t h a t c o v e n a n t r u n s , h e s h a l l b e d e e m e d b y his c o n ­
v e y a n c e to h a v e r e s e r v e d t h a t s e r v i t u d e l o r the g r e a t e s t e s t a t e
o r i n t e r e s t for w h i c h it c o u l d h a v e b e e n r e s e r v e d b y h i m a s
i n t e r e s t e d i n t h e coal o r m i n e , a n d t h e c o a l o r m i n e shall, so f a r
as r e g a r d s t h e title t h e r e t o g i v e n to t h e C o m m i s s i o n b y his
: 2 5 c o n v e y a n c e thereof, b e s u b j e c t t o t h a t r e s t r i c t i v e c o v e n a n t .
3. W h e r e c o a l o r a m i n e o f c o a l is s u b j e c t to a s e r v i t u d e w h i c h
i m m e d i a t e l y before the a p p o i n t e d d a y w a s a n n e x e d b o t h to coal
o r a m i n e o f c o a l a n d t o o t h e r l a n d , or is s u b j e c t t o a r e s t r i c t i v e
c o v e n a n t the benefit o f w h i c h then r a n b o t h w i t h coal or a m i n e
30
-35
of coal a n d w i t h other l a n d , the servitude or covenant shall n o t
b e capable of being exercised or enforced o n or after the a p p o i n t e d
d a y b y a n y p e r s o n c l a i m i n g as b e i n g i n t e r e s t e d i n t h a t o t h e r
l a n d , e x c e p t h i so f a r a s . i t is s h o w n t h a t t h e e x e r c i s e o r e n f o r c e ­
m e n t t h e r e o f is r e a s o n a b l y r e q u i s i t e for t h e c o n v e n i e n t e n j o y m e n t
Q
f ^ a t other land.
Provisions as regards rights to withdraw support.
4. N o t h i n g i n t h e f o r e g o i n g p r o v i s i o n s o f t h i s S c h e d u l e shall
o p e r a t e so as t o v e s t i n t h e C o m m i s s i o n w i t h a n y c o a l or m i n e
of coal a n y
40
-45
right
to withdraw support from any land supported
thereby.
5 . — ( 1 ) I n a case i n w h i c h t h e fee s i m p l e i n a n y c o a l o r m i n e o f
coal, o r t h e t e r m o f y e a r s u n d e r a c o a l - m i n i n g l e a s e o f a n y c o a l o r
m i n e of. c o a l , w a s v e s t e d . i m m e d i a t e l y b e f o r e t h e a p p o i n t e d d a y
i n a p e r s o n o t h e r t h a n t h e p e r s o n i n w h o m the fee s i m p l e i n l a n d
s u p p o r t e d t h e r e b y . . . w a s t h e n vested,, t h e r e s h a l l v e s t i n t h e
A . D . 1937,.
*
— ­
2 N D Son,,
-cont.
' '-
'
­
A.D.1937*
SOH."
commission with the coal or mine such right (if any) to withdraw
support from that land, other than a working facilities right,
was then annexed to that coal or mine.
a s
-cont.
(2) Where the fee simple in any coal or mine of coal and the
fee simple in land-supported thereby was vested immediately 5
before the appointed day in the same person, but a right to with­
draw support from that land vests in the Commission under
the preceding sub-paragraph by reason of the subsistence of a
term of years in the coal or mine, the period of the enjoyment of
that right shall be extended so as to render it exercisable so long 10
as any coal to which it was annexed remains ungotten.
( 3 ) Subject as provided by the last preceding sub-para­
graph, a right vesting in the Commission under this paragraph
shall vest in them subject to any restrictions, conditions or
obligations subject to which it was created.
15 ­
6 . — ( 1 ) In a case in which the fee simple in any coal or mine
of coal and the fee simple in land supported thereby was vested
immediately before the appointed day in the same person and
no coal-mining lease of that coal or mine was then subsisting,
there shall vest in the Commission, with that coal or mine, the 20 ­
like right to withdraw support from that land as if all such persons
interested in that land at the appointed day as are deemed to be
parties to the conveyance of the coal or mine to be assumed for the
purposes of paragraph 1 of this Schedule by reason of their being
interested also in the coal or mine, had conveyed therewith a 25 ­
right to withdraw support from that land so far as may be
reasonably requisite for the working of any coal, subject to
an obligation to make good, or to pay proper compensation for,—
(a) damage arising from such working to that land, exclu­
sive of buildings or works thereon; and
30
(6) subject as hereinafter provided, damage arising from
such working to buildings or works thereon.
(2) The Commission shall give public notice by advertisement
in one or more newspapers circulating in the locality of any
proposal on their part to exercise, or to grant to a lessee the 3&
benefit of, a right vested in them by this paragraph, and, in the
case of buildings or works whose construction is begun after
the date of the first publication of the notice, the obligation
imposed by' the preceding sub-paragraph shall be limited
to damage which could not have been avoided by reasonable 4 0 ­
and proper precautions taken in the design and construction of
the buildings or works to minimise damage in the event of
subsidence.
7. On an application under section eight of the Mines
(Working Facilities and Support) Act, 1923 (which provides 4 . ^ - .
for the imposition by the Railway and Canal Commission of
[IEDW.8. &
1 GEO. 6.]
Coal.
43
restrictions on the working of minerals where a person having an A.D. 1937.
interest in land is not entitled to support or to sufficient support
for buildings or works), the applicant shall not be required to pay - 2ND SOH.
—cont.
or give any compensation or consideration in respect of the
-5 imposition of restrictions appearing to the Railway and Canal
Commission to be justified by circumstances due to the
subsistence of a right to withdraw support vested in the
Commission by paragraph 6 of this Schedule :
Provided that the preceding provisions of this paragraph
10 shall not have effect in the case of an application sent to the
Board of Trade after the expiration of six months from the
date of thefirstpublication of a notice in relation to the right in
question under the said paragraph 6.
Application
to Scotland.
8. This Schedule shall apply to Scotland, subject to the
following modifications—
(a) For paragraph 1 the following paragraph shall be sub­
stituted—
" 1. Subject as in this Schedule provided with respect to
j 20
*he vesting of rights to withdraw support, and subject
to the provisions of section eleven of this Act with
respect to working rights facilities, the provisions of
section three of this Act shall give to the Commission
as regards any coal or mine of coal the like title thereto
25
and the like rights, subject to the like burdens and
restrictions affecting the same as if there had been
granted to the Commission and duly recorded in the
appropriate Register of Sasines, a conveyance in
common form (including a clause of assignation of
writs, and with entry at the appointed day) by allpersons
g0
interested of all their rights, titles and interests in
and to the said coal or mine of coal and as if each of
such persons had been of full age and capacity, to
the effect and intent of vesting the said coal or mine
OR
of coal absolutely in the Commission freed from all
''
feudal prestations, and rights in security, if any, and
subject only to the inherent right of superiority of the
Crown.
(6) Paragraph 2 of this Schedule shall have effect as if sub­
^
paragraph ( 1 ) thereof were omitted.
15
0
A . D . 1937.
THIRD
SCHEDULE.
P R O V I S I O N S AS TO C O M P E N S A T I O N P A Y A B L E
SECTION THREE OP THIS A C T .
UNDER
Separate Subjects of Compensation.
1. S u b j e c t t o t h e p r o v i s i o n s o f p a r a g r a p h 2 o f t h i s S c h e d u l e ,
5
compensation under section three o f this A c t shall be ascertained,
and the Commission shall p a y such compensation, in respect
of
the following interests subsisting i m m e d i a t e l y before the a p p o i n t e d
day,
each
of which
shall constitute
a separate subject of
com­
10
pensation—
(a)
(b)
e a c h f r e e h o l d r e v e r s i o n i n c o a l h e r e d i t a m e n t s ( t h a t is t o
say, i n t h e case o f c o a l o r a m i n e o f c o a l c o m p r i s e d i n a
coal-mining lease d e r i v e d i m m e d i a t e l y o u t o f t h e fee
simple a n d in t h e case o f p r o p e r t y a n d rights v e s t e d i n
t h e C o m m i s s i o n t h e r e w i t h , t h e i n t e r e s t t h e r e i n -of t h e
estate owner in respect of the fee simple of the coal or
m i n e t o g e t h e r w i t h t h e interests t h e r e i n o f all persons
claiming under h i m ) ;
each c o n v e y e d leasehold reversion hi coal
15
hereditaments
( t h a t is t o say, i n t h e case o f c o a l o r a m i n e o f c o a l
c o m p r i s e d i n a c o a l - m i n i n g lease t h a t is a n underlease,
b e i n g c o a l o r a m i n e i n t h e case o f w h i c h a direction has
been duly g i v e n under subsection (2) o f section eight o f
this A c t , a n d i n t h e case o f p r o p e r t y a n d r i g h t s v e s t e d
in the Commission therewith, the interests therein o f
the estate owner i n respect o f the t e r m created b y the
lease o u t o f w h i c h t h a t underlease w a s i m m e d i a t e l y
derived together w i t h the interests therein o f all persons
claiming under h i m ) ;
(c.) e a c h
ownership
in
freehold
in
possession
hi
coal
h e r e d i t a m e n t s i n a n y v a l u a t i o n a r e a ( t h a t is t o s a y , i n t h e
case o f all coal a n d m i n e s o f c o a l i n a n y v a l u a t i o n a r e a
that immediately before the appointed day were n o t
comprised in a n y coal-mining lease, a n d t h a t w e r e i n
t h e l e g a l o w n e r s h i p as r e s p e c t s t h e f e e s i m p l e o f t h e
same estate o w n e r a n d in t h e case o f p r o p e r t y a n d rights
v e s t e d i n t h e C o m m i s s i o n thereAvith, t h e i n t e r e s t t h e r e i n
of the estate o w n e r in respect of the fee simple of the
c o a l a n d m i n e s t o g e t h e r Avith t h e i n t e r e s t s t h e r e i n o f
all persons c l a i m i n g u n d e r h i m ) .
2 . — ( 1 ) I f t h e e s t a t e OAvner i n r e s p e c t o f a s u b j e c t o f c o m ­
p e n s a t i o n as a s c e r t a i n e d u n d e r p a r a g r a p h 1 o f t h i s S c h e d u l e ,
o r a p e r s o n c l a i m i n g u n d e r h i m , m a k e s a p p l i c a t i o n i n Avriting in
20
­
25
30
35
40
45
Coal.
5
10
15
t h a t b e h a l f t o t h e C o m m i s s i o n n o t l a t e r t h a n t h e e x p i r a t i o n o f six
m o n t h s f r o m t h e a p p o i n t e d d a y a n d satisfies t h e m t h a t , b y
reason o f the subsistence of different interests in different parcels o f
coal or different mines in the ownership of t h e estate owner, the
interests in those parcels or mines respectively and in p r o p e r t y a n d
r i g h t s v e s t e d i n t h e C o m m i s s i o n t h e r e w i t h o u g h t t o b e t r e a t e d as
constituting separate subjects of c o m p e n s a t i o n , t h e y shall b e so
treated.
(2) P r o v i s i o n m a y be m a d e b y rules m a d e b y t h e B o a r d o f
T r a d e for the consolidation o f t w o or m o r e subjects o f c o m ­
p e n s a t i o n as a s c e r t a i n e d u n d e r t h e p r e c e d i n g p r o v i s i o n s o f this
S c h e d u l e , o r f o r t h e d i v i s i o n o f a s u b j e c t o f c o m p e n s a t i o n as s o
a s c e r t a i n e d i n t o t w o or m o r e s u b j e c t s , o r f o r t r e a t i n g as c o n ­
stituting a separate subject of compensation a n y interests t h a t
w o u l d o t h e r w i s e b e c o m p r i s e d in a subject or subjects o f c o m p e n s a t i o n as so a s c e r t a i n e d .
Rules m a d e for the purposes o f this paragraph m a y
provide
for a n y such m o d i f i c a t i o n o f t h e p r o v i s i o n s o f section f o u r o f this
A c t a n d of this Schedule in their a p p l i c a t i o n t o claims for, a n d t h e
20
a s c e r t a i n m e n t a n d p a y m e n t of, c o m p e n s a t i o n f o r t h e s u b j e c t s o f
c o m p e n s a t i o n t o w h i c h the rules r e l a t e as m a y a p p e a r t o t h e B o a r d
o f T r a d e t o b e requisite or
convenient.
Notices of claims for compensation and investigation thereof.
25
30
. 3.—(1) A n o t i c e o f claim shall be in t h e prescribed f o r m a n d
must be served b y the person entitled to the
compensation
for the subject of compensation t o w h i c h the claim relates or
b y a person h a v i n g an interest comprised in t h a t subject, a n d
there must be furnished t o the Commission w i t h the notice t h e
prescribed particulars, verified in such m a n n e r b y
statutory
d e c l a r a t i o n or otherwise as t h e C o m m i s s i o n m a y
reasonably
require,—
(a)
o f t h e c o a l or m i n e t o w h i c h t h e c l a i m
relates;
(6) o f a n y p r o p e r t y o r r i g h t s c l a i m e d t o h a v e v e s t e d i n
Commission w i t h the c o a l or
35
40
the
mine;
(c) w h e r e t h e c l a i m is i n r e s p e c t o f a f r e e h o l d o r l e a s e h o l d
r e v e r s i o n , o f t h e lease o r underlease i n w h i c h t h e coal
hereditaments t o w h i c h the c l a i m relates are c l a i m e d t o
h a v e b e e n comprised, or, w h e r e t h e c l a i m is m a d e i n
respect o f an ownership in freehold i n possession, o f the
p e r s o n i n w h o s e o w n e r s h i p as e s t a t e o w n e r i n r e s p e c t
o f the fee simple those hereditaments are c l a i m e d t o
have been; and
(d) of any matters to which the title of the Commission to
those coal hereditaments may be subject.
19
G
A . D . 1937*
—'­
"
''
'
3
r
d
S
o
m
h
A . D . 1937.
3BD S C H .
cont.
( 2 ) There must further be furnished to the Commission with
a notice of claim such particulars, verified as aforesaid, of the
title to the coal or mine to which the claim relates as may be
prescribed for the purpose of enabling the Commission—
(a) to satisfy themselves that the notice is served by a person 5
qualified in that behalf under the preceding sub­
paragraph; and
(b) to ascertain who is the person entitled to the compehsa­
tion:
Provided that if the person by whom a notice of claim is 1 0
served satisfies the Commission that he is unable to furnish any
of the particulars required by this sub-paragraph with the notice,
the requirements thereof shall be deemed to have been satisfied
as to those particulars if they are furnished within the prescribed
15
period after the date of the service of the notice.
( 3 ) The person by whom a notice of claim was served shall,
on being requested by the Commission or the compensation
tribunal so to do, give to them such further information with
respect to the subject of compensation to which the claim relates
as they may reasonably require for the purposes of the discharge 2 0
of their functions under this Schedule.
. 4 . — ( 1 ) Any person interested in a subject of compensation
who, not later than the expiration of six months from the appointed
day, serves upon the Commission a request in writing in that behalf
shall be entitled to be furnished by the Commission with a copy 25
of any notice of claim in respect of that subject which may be
served upon them by any other person and to inspect the
particulars furnished "in relation thereto.
( 2 ) In this Schedule references to the person by whom a
notice of claim was served, or to a person entitled under this 30
paragraph to a copy of such a notice, shall, in a case in which
such a person dies or becomes incapable of acting, be construed
as references to a person substituted for that person in accordance
with rules.
5.—(1) The Commission shall examine a notice of claim 35
duly served on them with respect to the questions—*
(a) whether any property or rights claimed to have vested
in the Commission with the coal or mine to which the
claim relates did so vest, and whether there vested in
the Commission therewith any property or rights not 4 0
claimed to have so vested;
(b) whether all the coal hereditaments claimed to have been
comprised in a lease or underlease were so comprised;
(c) in a case in which any of the coal hereditaments claimed
to have been in the ownership of a person as estate 4 5
o w n e r i n r e s p e c t o f t h e fee s i m p l e are c l a i m e d b y
a n o t h e r d u l y s e r v e d notice to h a v e b e e n so i n the o w n e r ­
s h i p o f a different p e r s o n , w h e t h e r t h e y w e r e so i n the
ownership of the first-mentioned p e r s o n ;
5
10
(d)
and
w h e t h e r t h e title o f t h e C o m m i s s i o n to t h e c o a l h e r e d i t a ­
ments. t o w h i c h t h e c l a i m r e l a t e s is s u b j e c t t o a n y
m a t t e r s specified i n t h a t b e h a l f in t h e
particulars
f u r n i s h e d , a n d w h e t h e r it is s u b j e c t t o a n y m a t t e r s n o t
therein specified;
with
respect
to
any
other
question
whose
determination
appears to the Commission to b e requisite.
(2) T h e Commission
shall c o n s i d e r a n y r e p r e s e n t a t i o n
with
r e s p e c t to a n o t i c e o f c l a i m w h i c h a p e r s o n e n t i t l e d u n d e r t h e last
p r e c e d i n g p a r a g r a p h to a c o p y o f t h e n o t i c e m a y m a k e t o t h e m
15
within
one
furnished
20
to
month
from
the
date
on
which
a
c o p y t h e r e o f is
him.
( 3 ) I f a n y difference arises a s t o a n y o f t h e q u e s t i o n s a f o r e s a i d
b e t w e e n the Commission and the person b y w h o m the notice of
c l a i m w a s s e r v e d , or a p e r s o n w h o h a s d u t y m a d e a r e p r e s e n t a t i o n
thereon as aforesaid, o r a person b y w h o m a n o t h e r notice of
c l a i m affecting a n y o f t h o s e q u e s t i o n s h a s b e e n d u l y s e r v e d , t h e
C o m m i s s i o n shall m a k e a n a p p l i c a t i o n t o t h e H i g h C o u r t f o r t h e
d e t e r m i n a t i o n o f the difference a n d t h e difference s h a l l
be
determined b y that Court.
25
6. W h e n t h e C o m m i s s i o n h a v e e x a m i n e d a notice o f c l a i m
d u l y s e r v e d u p o n t h e m a n d h a v e satisfied t h e m s e l v e s as t o t h e
matters referred to in the last preceding p a r a g r a p h i n a g r e e m e n t
w i t h the p e r s o n s t h e r e i n m e n t i o n e d , o r a n y difference as to a n y o f
those matters has been determined b y the Court, the Commission
30
s h a l l n o t i f y t o t h e c o m p e n s a t i o n t r i b u n a l the p a r t i c u l a r s o f t h e
s u b j e c t o f c o m p e n s a t i o n as f u r n i s h e d t o the C o m m i s s i o n , o r as
m o d i f i e d b y t h e m i n a g r e e m e n t as a f o r e s a i d or i n a c c o r d a n c e w i t h a
d e t e r m i n a t i o n o f t h e C o u r t , as t h e case m a y b e , a n d t h e c o m p e n s a ­
tion tribunal shall proceed to ascertain the v a l u e thereof in
35
a c c o r d a n c e w i t h t h e s u c c e e d i n g p r o v i s i o n s of this S c h e d u l e .
7. T h e i n c l u s i o n o f a n y p r o p e r t y o r r i g h t s i n t h e p a r t i c u l a r s o f
a subject of compensation d u l y notified to the c o m p e n s a t i o n
t r i b u n a l u n d e r t h e last p r e c e d i n g p a r a g r a p h shall b e c o n c l u s i v e
e v i d e n c e t h a t t h e p r o p e r t y or r i g h t s w e r e i n c l u d e d i n t h e c o a l
40
h e r e d i t a m e n t s i n w h i c h t h e s u b j e c t o f c o m p e n s a t i o n s u b s i s t e d as
a g a i n s t t h e e s t a t e o w n e r i n r e s p e c t thereof, a n d a l l p e r s o n s c l a i m i n g
u n d e r h i m , a n d t h e i r successors i n t i t l e r e s p e c t i v e l y , a n d o n a n y
a p p l i c a t i o n t o t h e C o u r t u n d e r p a r a g r a p h 5 o f this S c h e d u l e t h e
C o u r t may,- a t t h e r e q u e s t o f t h e C o m m i s s i o n , if t h e C o u r t t h i n k s
4 5 fit, m a k e a d e c l a r a t i o n w i t h r e s p e c t to a n y m a t t e r t o b e d e t e r m i n e d
o n the a p p l i c a t i o n so as t o b e b i n d i n g o n a n y o t h e r p e r s o n .
19
G
2
A . D . 1937,
­
3
b
d
S
c
h
—cont.
­
.[1 E D W . 8. &­
1 G E O . 6]
A.D. 1937.
Constitution of Compensation Tribunal.
3 B D SOH
—cont.'
T h e B o a r d o f T r a d e shall, after consultation w i t h t h e
chairman of the Mineral Owners. Joint Committee and the
president
of the . Chartered
Surveyors
Institution,
appoint
s u c h n u m b e r o f p e r s o n s h a v i n g e x p e r i e n c e in- t h e v a l u a t i o n o f
c o a l h e r e d i t a m e n t s as t h e B o a r d t h i n k r e q u i s i t e t o b e m e m b e r s ,
together with a competent and impartial person appointed b y the
B o a r d a f t e r s u c h c o n s u l t a t i o n as a f o r e s a i d t o a c t a s c h a i r m a n , o f
a t r i b u n a l t o p e r f o r m t h e functions assigned b y this A c t t o the
compensation tribunal.
9. A p e r s o n a p p o i n t e d u n d e r t h e l a s t p r e c e d i n g p a r a g r a p h
s h a l l h o l d office f o r such t e r m as t h e B o a r d o f T r a d e m a y
d e t e r m i n e at t h e t i m e of his a p p o i n t m e n t , a n d shall be entitled
t o b e p a i d b y t h e C o m m i s s i o n r e m u n e r a t i o n a t s u c h r a t e as m a y
b e f i x e d b y t h e B o a r d o f T r a d e a t t h e t i m e o f his a p p o i n t m e n t .
10. A m e m b e r o f t h e c o m p e n s a t i o n t r i b u n a l o t h e r t h a n
t h e c h a i r m a n s h a l l d e v o t e t h e w h o l e o f his t i m e t o t h e
p e r f o r m a n c e o f t h e functions aforesaid a n d shall n o t ,
whilst
h o l d i n g office, b e i n p a r t n e r s h i p w i t h a n y p e r s o n w h o e n g a g e s
i n t h e business o f a v a l u e r or o f a mineral s u r v e y o r or in a n y
similar business.
A
member
of the compensation
tribunal
w h o contravenes the provisions o f this paragraph shall b e liable
o n s u m m a r y c o n v i c t i o n to a f i n e n o t e x c e e d i n g t e n p o u n d s i n
respect o f e v e r y d a y on w h i c h h e acts in c o n t r a v e n t i o n thereof.
5
10
15
:
20
11. T h e B o a r d o f T r a d e shall prescribe areas t h a t are t o b e
t r e a t e d as v a l u a t i o n a r e a s f o r t h e p u r p o s e s o f t h i s A c t a n d t h e
c o m p e n s a t i o n tribunal shall assign t h e said areas t o its m e m b e r s
r e s p e c t i v e l y other t h a n t h e chairman, and shall delegate t o t h e
m e m b e r t o w h o m a n y v a l u a t i o n a r e a is a s s i g n e d t h e f u n c t i o n
o f ascertaining, subject t o the observance of directions t o b e
g i v e n b y the tribunal for securing uniformity in the valuation
o f all subjects o f c o m p e n s a t i o n , a n d certifying, t h e v a l u e
of
subjects o f c o m p e n s a t i o n t h a t subsisted in coal
hereditaments
situated in t h a t area.
25
12. T h e B o a r d o f T r a d e shall a p p o i n t s u c h n u m b e r o f
p e r s o n s a s t h e y t h i n k fit t o a s s i s t e a c h v a l u e r a n d the c h a i r m a n
o f the compensation tribunal in the discharge of their respective
functions.
A p e r s o n so a p p o i n t e d s h a l l a c t i n a c c o r d a n c e w i t h
s u c h d i r e c t i o n s as m a y b e g i v e n b y t h e p e r s o n w h o m h e i s
a p p o i n t e d to a s s i s t , a n d s h a l l b e e n t i t l e d to be paid by the
. C o m m i s s i o n r e m u n e r a t i o n a t s u c h r a t e as m a y be fixed by t h o
B o a r d of T r a d e at t h e t i m e o f h i s a p p o i n t m e n t .
35
­
30
40
A.P, 1937.
Rules as to Valuation,
5
13. A v a l u a t i o n o f a s u b j e c t o f c o m p e n s a t i o n c o n s i s t i n g
o f a n o w n e r s h i p in f r e e h o l d i n p o s s e s s i o n i n c o a l h e r e d i t a m e n t s
w h i c h , o r a n y p a r t o f w h i c h , a p e r s o n is e n t i t l e d b y v i r t u e o f a n
a p p l i c a t i o n d u l y m a d e u n d e r s e c t i o n t w e l v e o f this A c t t o h a v e
c o m p r i s e d in a lease t o b e g r a n t e d t o h i m , s h a l l b e m a d e i n l i k e
m a n n e r a s if s u c h a l e a s e a s is t o b e g r a n t e d , c o m p r i s i n g t h o s e
h e r e d i t a m e n t s , o r t h a t p a r t thereof, a s t h e c a s e m a y b e , h a d b e e n
subsisting immediately before the a p p o i n t e d d a y .
14.. I n v a l u i n g a n y
10
shall
be
made
Commission
on
of the
compensation
subject
account
of
of
the
compensation, no
compulsory
coal hereditaments
allowance
vesting
in
the
in w h i c h the subject
of
subsisted.
15. F o r t h e p u r p o s e s o f t h e v a l u a t i o n o f a s u b j e c t o f c o m ­
JL5
pensation, regard shall b e
had
to the state in w h i c h t h e
hereditaments in w h i c h t h a t subject of compensation
coal
subsisted
were immediately before the appointed d a y .
Procedure of valuers.
20
25
16. I n t h e a s c e r t a i n m e n t o f the v a l u e o f a s u b j e c t o f c o m p e n ­
s a t i o n t h e v a l u e r s h a l l g i v e t o the p e r s o n b y w h o m t h e n o t i c e o f
claim w a s served, a n d to a n y person entitled under p a r a g r a p h 4 o f
this S c h e d u l e to a c o p y of the notice, a n o p p o r t u n i t y of b e i n g h e a r d
i f h e so desires, a n d t h o s e p e r s o n s s h a l l b e e n t i t l e d t o call o n e
( a n d , unless t h e v a l u e r o t h e r w i s e directs, n o t m o r e t h a n o n e )
e x p e r t w i t n e s s to g i v e e v i d e n c e as t o t h e v a l u e o f t h e s u b j e c t o f
c o m p e n s a t i o n to w h i c h t h e notice relates.
I n the event of
difference b e t w e e n t h e p e r s o n s a f o r e s a i d a s t o t h e p e r s o n t o b e
c a l l e d a s a n e x p e r t w i t n e s s , t h e difference s h a l l b e d e t e r m i n e d
b y the valuer.
3Q
17. A s s o o n as m a y b e a f t e r t h e v a l u a t i o n o f a s u b j e c t o f
c o m p e n s a t i o n h a s b e e n c o m p l e t e d , the c o m p e n s a t i o n t r i b u n a l
shall certify t h e a m o u n t s ascertained b y h i m to the C o m m i s s i o n
i n a c c o r d a n c e w i t h t h e p r o v i s i o n s o f s e c t i o n f o u r o f this A c t , a n d
t h e C o m m i s s i o n s h a l l s e n d a c o p y o f the certificate t o t h e p e r s o n
35
b y w h o m the notice o f claim w a s served.
18. S u b j e c t
as
aforesaid,
the
procedure
s h a l l b e s u c h as t h e B o a r d o f T r a d e m a y
19. T h e p r o v i s i o n s
of the
before
a
valuer
determine.
Arbitration Acts,
1889 t o
1934,
w i t h respect t o —
-40
( ) the achninistration o f oaths, a n d the t a k i n g o f
a
tions;
affirma­
3 D SOH
cont.'
B
Coal.
50
(b)
A . D . 1937.
[1 JEDW. 8. &
1 G E O . 6.1
t h e c o r r e c t i o n o f m i s t a k e s a n d e r r o r s in a w a r d s ;
and
(c) t h e s u m m o n i n g , a t t e n d a n c e a n d e x a m i n a t i o n o f witnesses
3RD SOH,
and the production o f
—cont. .
shall
apply
in
respect
of
documents;
proceedings
before
a
valuer,
but
s a v e as a f o r e s a i d t h e s a i d A c t s s h a l l n o t a p p l y t o o r a t a n y s u c h
5"'
proceedings.
Disposal of compensation as between the Commission and
the person entitled.
20. T h e p e r s o n e n t i t l e d t o t h e c o m p e n s a t i o n f o r a n y
of compensation
(a)
subject
s h a l l b e a s c e r t a i n e d a s f o l l o w s :—-
10 '*
i f t h e s u b j e c t o f c o m p e n s a t i o n consists s o l e l y o f a fee
simple or term of years that was vested immediately
b e f o r e t h e a p p o i n t e d d a y in a single person absolutely
e n t i t l e d in e q u i t y , h e shall b e the person e n t i t l e d ;
(6) i f t h e s u b j e c t o f c o m p e n s a t i o n could, i m m e d i a t e l y b e f o r e
t h e a p p o i n t e d d a y , h a v e b e e n sold a n d c o n v e y e d t o a
purchaser in such m a n n e r as t o b i n d or over-reach
all estates and interests o f the estate owner i n respect o f
t h e subject o f c o m p e n s a t i o n a n d o f all persons claiming
u n d e r h i m (either in t h e actual circumstances or if a n y
requisite consent or approval had been o b t a i n e d ) —
(i) under the powers conferred b y the Settled
Act,
1925, o r u n d e r a n y a d d i t i o n a l p o w e r s
15^
20
Land
conferred
b y a settlement, or
(ii) b y trustees for
sale, o r
25
(iii) b y a personal representative
o f his p a r a m o u n t powers, or
(iv) under
powers
conferred
by
in
any
the
other
exercise
enact­
ment,
the person w h o could have given a valid discharge for
t h e p u r c h a s e m o n e y arising o n such a sale if p a i d o n
t h e d a t e o n w h i c h t h e c o m p e n s a t i o n is p a i d s h a l l b e
the person entitled;
(c) i n a case in w h i c h e i t h e r of t h e p r e c e d i n g
30
sub-paragraphs
w o u l d h a v e a p p l i e d b u t for t h e subsistence o f a m o r t g a g e
n o t capable o f b e i n g o v e r - r e a c h e d as m e n t i o n e d i n t h e
last preceding s u b - p a r a g r a p h —
( i ) e x c e p t i n a case i n w h i c h i m m e d i a t e l y b e f o r e
t h e a p p o i n t e d d a y the m o r t g a g e e or a
receiver
a p p o i n t e d b y h i m w a s in possession, or i n r e c e i p t o f
the income, of the premises in which the subject o f
c o m p e n s a t i o n subsisted, t h e Commission m a y serve
n o t i c e in w r i t i n g o n the m o r t g a g e e t h a t t h e y propose
3&
40
to act under this provision, and, if within one month
after service of the notice, the mortgagee does not
give notice in writing to the Commission that he
objects to their so acting, the person who would have
been entitled if sub-paragraph (a) or (6), as the case
may be, of this paragraph had applied, shall be the
person entitled,
40
15
20
(ii) in the excepted case aforesaid, and in a case
in which the Commission do not think fit to serve
notice as aforesaid or a mortgagee served with such
a notice gives notice of objection as aforesaid, the
mortgagee shall be the person entitled;
(d) in any other case, and also in any such case as aforesaid
if the Commission consider it expedient in order to
avoid expense or delay or for any special reason, the
Commission may make payment to the proper officer
of the Supreme Court or, in a case where the sum to
be paid does not exceed five hundred pounds, of the
county court, in accordance with rules of court, or to
trustees appointed by the Commission, and that officer
or the trustees, as the case may be, shall be the person
entitled.
2 1 . — ( 1 ) Where before the valuation of a subject of compen­
sation has been completed the valuer is satisfied that the value
-25 thereof will be ascertained to be not less than a particular
amount, he may transmit to the Commission a certificate to
the effect that he is so satisfied specifying that amount,
and after receiving such a certificate, or a certificate transmitted
under paragraph 17 of this Schedule, the Commission may
"30 make before the compensation date on account of the com­
pensation in respect of the subject of compensation to which
the certificate relates such payment, calculated by reference to
the sum specified in the certificate, as they think fit.
(2) Any payment on account of compensation made under
35 this Act before the compensation date shall, for the purpose
of ascertaining the total amount payable under section four of
this Act in respect of the principal sum and the interest respec­
tively payable thereunder, be brought into account as between
the Commission and the person entitled as a payment on account
40 of principal.
Disposal of compensation as between beneficial interests.
22. The compensation paid in respect of any subject of
compensation and the income thereof shall be held and disposed
of for the - benefit of the persons whose interests in any coal
45 hereditaments are comprised in that subject and their successors
in title respectively, in such manner as to confer on them the like
-
AiDi
1937.
"-*:
3 S D SOH.
benefits, so f a r as m a y b e , as t h e y w o u l d h a v e h a d f r o m t h o s e
c o a l h e r e d i t a m e n t s a n d t h e i n c o m e t h e r e o f if t h e v e s t i n g i n t h e
Commission h a d n o t taken place.
—cont.
2 3 . Where^ compensation
is
paid
to
a
v i r t u e o f s u b - p a r a g r a p h (c) (i) o f p a r a g r a p h
and
the
security
under
the
mortgage
in
person
entitled
by
2 0 of this Schedule
question
addition t o a n interest in coal hereditaments
includes,
comprised in
subject of compensation, other p r o p e r t y , the C o m m i s s i o n
5
in
the
may,
w i t h t h e consent o f t h e m o r t g a g e e , b y o r d e r d i r e c t t h a t t h e c o m ­
p e n s a t i o n s h a l l b e d i s p o s e d o f as if t h e m o r t g a g e h a d n o t i n c l u d e d
t h a t interest a n d t h a t
with
the
whole
of
the
the
other "property shall s t a n d
principal
and
interest
secured
10'
charged
by
the
paragraph
the
mortgage.
Costs of compensation proceedings.
2 4 . — ( 1 ) Subject
to
the
provisions
of
C o m m i s s i o n shall b e l i a b l e t o p a y t h e costs
(a)
the preparation a n d
service, a n d
this
15
of—
of t h e e x a m i n a t i o n
by
t h e C o m m i s s i o n , o f a n o t i c e of c l a i m ;
(6) a n application m a d e to the C o u r t under p a r a g r a p h 5 o f
this S c h e d u l e ;
20'
(c) p r o c e e d i n g s b e f o r e a v a l u e r ;
(d)
and
the distribution b y the Court of a s u m p a i d into
under p a r a g r a p h 2 0 of this Schedule.
Court
( 2 ) T h e T r e a s u r y s h a l l p r e s c r i b e a scale o f costs t o b e p a i d
under
the preceding
sub-paragraph
in the
case
of proceedings
25-
before a valuer.
( 3 ) I n case o f difference as to t h e a m o u n t o f t h e costs, o t h e r
t h a n costs o f C o u r t p r o c e e d i n g s , to b e p a i d u n d e r s u b - p a r a g r a p h ( 1 )
o f this p a r a g r a p h , t h e B o a r d o f T r a d e m a y direct in w h a t m a n n e r
t h e y a r e to b e t a x e d .
(4) Unless
the
30'
valuer
otherwise
directs,
the
Commission
shall n o t b e l i a b l e t o p a y a n y s u c h costs as a f o r e s a i d , o t h e r t h a n
costs o f C o u r t p r o c e e d i n g s , w h e r e t h e s u b j e c t o f c o m p e n s a t i o n i n
q u e s t i o n is a s c e r t a i n e d b y t h e v a l u e r to h a v e n o v a l u e .
( 5 ) T h e C o u r t m a y direct t h a t t h e C o m m i s s i o n s h a l l n o t b e
liable to p a y a n y
s u c h costs as a f o r e s a i d , b e i n g
costs o f
35
Court
proceedings incurred b y a p a r t y thereto w h o appears to the Court
to h a v e been g u i l t y of a n y such unreasonable failure t o agree w i t h
the Commission or a n y other p a r t y , or of a n y such negligence or
d e f a u l t , as to d i s e n t i t l e h i m t o p a y m e n t thereof, o r b e i n g costs
of C o u r t p r o c e e d i n g s r e l a t i n g t o a s u b j e c t o f c o m p e n s a t i o n t h a t is
ascertained b y the v a l u e r to h a v e no value.
40
;
Application to Scotland.
25. The foregoing provisions of this Schedule shall apply
to Scotland, subject to the following modifications—
(i) For heads (a), (6) and (c) of paragraph 1 the following shall
5
be substituted—
(a) in the case of coal or a mine of coal comprised
in a coal-mining lease (not being a sub-lease) and in
the case of property and rights vested iu the Corn­
mission therewith, the interest therein of the landlord
10
under the lease (hereinafter referred to as the estate
owner in respect of the fee simple) together with the
interests therein of all persons claiming under him;
15
20
25
30
35
40
45
(6) in the case of coal or a mine of coal comprised
in a coal-mining lease that is a sub-lease being coal or
a mine of coal in the case of which a direction has been
duly given under subsection ( 2 ) of section eight of
this Act, and in the case of property and rights vested
in the Commission therewith, the interest therein of
the person who is the landlord under the sub-lease
(hereinafter referred to as the estate owner), together
with the interests of all persons claiming under him;
(c) hi the case of all coal and mines of coal in any
valuation area that immediately before the appointed
day were not comprised in any coal-mining lease, and
that were in the ownership of the same person, as
proprietor of the dominium utile (hereinafter referred
to as the estate owner in respect of the fee simple),
and in the case of property and rights vested in the
Commission with such coal or mine of coal, the
interest of that person, together with the interests
therein of all persons claiming under him.
(ii) For paragraph 19 the following paragraph shall be
substituted—
19. The Court of Session or the sheriff court shall
in respect of proceedings before a valuer have the
like powers to grant warrant to enforce the attendance
of witnesses or the production of documents as if
the valuer were an arbiter, and the valuer shall have
power to examine witnesses on bath or affirmation.
(ih) For paragraph 2 0 the following paragraph shall be
substituted—
20. The person entitled to payment of the com­
pensation shall be ascertained as follows—
(a) Where,the whole interests comprised in one
subject of compensation are vested in one person,
he shall be the person entitled;
19
H
A
3
[ 1 E D W . 8. &
-1 G E O . 6.j
(6) i f
A . D . 1937.
the
immediately
3RD
subject
of
compensation
before the appointed
day
could,
have
been
sold and conveyed to a purchaser
SCH;
—cont.
(i) b y a n y person or persons holding t h e same
5
in a fiduciary capacity, or
(ii) b y the heir at l a w duly served o f a deceased
owner, or
(iii) under powers conferred b y a n y
enactment
i n such m a n n e r as t o g i v e t h e purchaser a v a l i d t i t l e f r e e f r o m all
feudal
prestations
and
subject
only
to
the
inherent
right
superiority o f the Crown, the person or persons w h o could
of
10
have
g i v e n a v a l i d discharge for the purchase m o n e y arising o n such a
s a l e i f p a i d o n t h e d a t e o n w h i c h t h e c o m p e n s a t i o n is p a i d s h a l l
be the person etititled;
( c ) i n a case i n w h i c h e i t h e r o f t h e p r e c e d i n g
sub-paragraphs w o u l d have applied but for the
existence o f the rights o f a superior or t h e sub­
sistence o f a heritable security
(i) e x c e p t
in
a
case
in
which
15
immediately
b e f o r e t h e a p p o i n t e d d a y t h e c r e d i t o r i n a 20
heritable security w a s in possession of t h e
premises in which the subject o f compensa­
t i o n subsisted or a n y p a r t t h e r e o f t h e
Commission m a y serve notice in writing
o n t h e s u p e r i o r o r t h e c r e d i t o r o r b o t h , a s 25
t h e case m a y b e , t h a t t h e y p r o p o s e t o a c t
under this p r o v i s i o n , a n d i f w i t h i n o n e
month
after the service o f t h e
notice
no
superior o r creditor g i v e s n o t i c e in
w r i t i n g t o t h e C o m m i s s i o n t h a t h e o b j e c t s 30
t o t h e i r so a c t i n g , t h e person w h o w o u l d
have been entitled if sub-paragraph
(a)
o r (6), as t h e c a s e m a y b e , o f t h i s p a r a g r a p h
h a d applied shall be the person e n t i t l e d ;
( i i ) i n t h e e x c e p t e d case t h e C o m m i s s i o n m a y
serve notice o n the superior or superiors,
if any, that t h e y propose to act under this
provision and if within one m o n t h after
the service o f the notice no superior gives
notice in writing to the Commission that
he objects to their so acting t h e creditor
i n t h e h e r i t a b l e s e c u r i t y shall be
the
person entitled;
35
40
(d) in any other case and also in any such A . D . 1937.
case as aforesaid if the Commission consider it
*
expedient in order to avoid expense or delay or
—cont.
for any other special reason the Commission shall
consign or deposit the compensation in a bank
subject to the orders of the Court of Session or,
where such compensation does not exceed five
hundred pounds, of the sheriff court, and the
compensation shall thereafter be paid in such
proportions to such persons as the Court of Session
or sheriff court, as the case, may be, shall deter­
mine :
3 b d
5
10
Provided that in the case of any person under
disability or holding under a limited title the
Court of Session or the sheriff court may direct that
any compensation in which such person may have
an interest shall be invested, distributed or other­
wise applied in such manner as the Court of Session,
or the sheriff court may deem just.
15
20
(iv) For paragraph 23 the following paragraph shall be
substituted—
.
25
30
35
40
45
2 3 . Where any coal or mine of coal or other property
or rights vested in the Commission by virtue
of this Act shall, immediately prior to the
appointed day, be subject to a feu-duty or a
heritable security, which affects also other
property not so vested, and compensation is
paid to the person entitled to such feu-duty
or the creditor in such heritable security, such
person or creditor shall be bound to execute a
discharge or deed of restriction to such extent
and on such conditions as, may, failing agree­
ment, be determined by the sheriff. The
Commission shall be liable to pay the costs
incurred in connection with the execution and
recording in the Register of Sasines of any­
such discharge or deed of restriction as the
same may be taxed by the auditor of the
sheriff court.
(v) In this Schedule references to a freehold reversion, a
conveyed leasehold reversion, and an ownership in
freehold in possession, shall be construed respectively
as references to the whole nterests specified in heads (a),
(6) and (c) of the paragraph directed by sub-paragraph (i)
of this paragraph to be substituted for paragraph 1.
19
H
2
S o h
A . D . 1937.
3BD S C H .
'—cont.
.-.
TABLE.
Person entitled to, and disposal of, compensation for Grown
lands. -
Land,
Person entitled.
Manner of disposal
of principal
and interest.
L a n d under the manage­
ment of the Commis­
sioners
of
Crown
Lands.
T h e Commissioners of
Crown Lands.
:
Land
held
by
His
Majesty i n right of the
D u c h y of Lancaster.
T h e person t o w h o m
the purchase m o n e y
f o r l a n d sold u n d e r
the D u c h y of L a n ­
caster L a n d s
Act,
1855, is p a y a b l e .
As
sums
repre­
senting such pur­
chase m o n e y a n d
sums r e p r e s e n t i n g
interest
thereon
respectively.
Land
held
by
His
Majesty in right of
H i s p r i v a t e estates.
Such p e r s o n as m a y b e
nominated under His
M a j e s t y ' s r o y a l sign
manual.
I n such m a n n e r as
His Majesty m a y
be
pleased
to
direct.
L a n d forming part of
t h e possessions o f t h e
D u c h y of Cornwall.
T h e person t o w h o m
gross sums o f m o n e y
receivable in respect
o f a sale o f a n y o f
t h e s a i d possessions
under the D u c h y of
Cornwall
Manage­
m e n t A c t s , 1863 t o
1893, a r e p a y a b l e .
A s such gross sums
and sums repre­
senting
interest
thereon
respectively.
[Such p e r s o n as t h e
Treasury m a y direct.]
[ I n such m a n n e r as
the Treasury m a y
direct.]
Land
belonging t o a
Government
depart­
m e n t or h e l d i n trust
for H i s Majesty for the
purposes o f a Govern­
ment department.
A s c a p i t a l a n d in­
come respectively
o f t h e l a n d re­
venues
of
the
Crown.
g
10
15
20
25
30
35
FOURTH
SCHEDULE.
P R O V I S I O N S A S TO C O M P U L S O R Y A C Q U I S I T I O N OP
ANCILLARY RIGHTS.
Procedure for submission and confirmation of orders.
5
1. A compulsory purchase order shall be in the prescribed
. form and shall—
(a) describe the nature of the right and, by reference to a
map, the land in respect of which it is proposed to be
acquired, with particulars, if deviations are to be per­
10
mitted, of the limits thereof; and
(6) specify whether the right is proposed to be acquired in
perpetuity or for a limited period, and the means by
which it is proposed to be conveyed to the Commission.
2. A compulsory purchase order shall incorporate, subject
15 to the modifications hereinafter mentioned and any necessary
adaptations—
(a) the Lands Clauses Acts;
(b) the Acquisition of Land (Assessment of Compensation)
Act, 1 9 1 9 ; and
20
(c) section seventy-seven of the Railways Clauses Con­
solidation Act, 1845.
3. The modifications subject to which the Lands Clauses
Acts and the Acquisition of Land (Assessment of Compensation)
. Act, 1919, shall be incorporated in the order are as follows : ­
25
30
35
40
(a.) the compensation or consideration to be paid or given in
. respect of the acquisition or exercise of the right (whether
by way of a lump sum payment or of rent or of an
obligation to make good, or to pay proper compensation
for, damage done, or otherwise) shall be determined
by agreement, or, in default of agreement, by an
official arbitrator under the Acquisition of Land (Assess­
ment of Compensation) Act, 1919, in accordance with
the provisions of that Act, subject, however, to the
provisions of section six of this Act and of this Schedule
relating to the compensation or consideration to be paid
or given in certain cases;
(6) the power conferred by section seven of the Lands
Clauses Act, 1845, upon persons under a disability
to sell, convey and release lands, and to enter into
all the necessary agreements for that purpose, shall
include power to any such persons to grant any right
A . D . 1937.
A . D . 1937.
4TH.SOH.
—cont.
proposed t o be acquired, and to enter into any
ment therefor;
agree­
( c ) w h e r e t h e r i g h t t o b e a c q u i r e d is n o t t h e e s t a t e i n
simple absolute in a n y
fee
land—
(i) for references in section eighteen o f t h e L a n d s
C l a u s e s A c t , 1845, t o l a n d t o b e p u r c h a s e d o r t a k e n ,
t h e r e shall b e substituted references t o l a n d i n r e s p e c t
o f w h i c h t h e r i g h t is p r o p o s e d t o b e a c q u i r e d ;
(ii) t h e
grant
to
the
Commission
proposed t o be acquired
subject
to
such
terms
shall b e
and
of
any
right
in such f o r m
conditions
as
and
may
5
­
10
be
d e t e r m i n e d b y a g r e e m e n t , or, i n default o f a g r e e m e n t ,
b y an arbitrator selected
parties or, i n default o f
b y agreement
agreement, b y
between
the
the Board
of
15
Trade;
(cZ) W h e r e t h e l a n d i n r e s p e c t o f w h i c h t h e r i g h t is p r o p o s e d
t o b e a c q u i r e d is g l e b e l a n d o r o t h e r l a n d b e l o n g i n g
an ecclesiastical benefice, t h e o r d e r shall p r o v i d e
sums
agreed
upon
or
awarded
quisition o f the right, or t o
in
respect
be paid
by
of
way
the
of
the land b y reason of severance or injury affecting
Acts,
but
shall b e p a i d t o
the
Ecclesiastical
ac­
com­
pensation for d a m a g e to be sustained b y the o w n e r
l a n d shall n o t be p a i d as d i r e c t e d b y t h e L a n d s
to
that
the
Clauses
Commis­
sioners t o b e a p p l i e d b y t h e m as m o n e y p a i d t o t h e m
u p o n a sale, u n d e r t h e p r o v i s i o n s o f t h e
2Q.
of
25
Ecclesiastical
Leasing A c t s , of land belonging t o a benefice.
4. B e f o r e s u b m i t t i n g t h e o r d e r t o t h e B o a r d
Commission shall—
of Trade
the
(a) publish in one or m o r e newspapers circulating in the
locality a notice in the prescribed form stating the fact
of an order having been m a d e and describing the land
i n r e s p e c t o f w h i c h t h e r i g h t is p r o p o s e d t o b e a c q u i r e d ,
and stating a place where a c o p y o f the order and o f the
m a p referred to therein m a y b e seen at all reasonable
hours; and
(6)
s e r v e i n t h e p r e s c r i b e d m a n n e r o n e v e r y o w n e r , lessee
a n d o c c u p i e r ( e x c e p t t e n a n t s f o r a m o n t h o r less p e r i o d
t h a n a m o n t h ) of t h e said land a notice in the prescribed
f o r m s t a t i n g t h e e f f e c t o f t h e o r d e r a n d t h a t i t is a b o u t
to be submitted t o the B o a r d for confirmation, and
specifying the time within and the manner in which
objections thereto can be made.
5.-(1)
30
35
40
I f w i t h i n t h e p r e s c r i b e d p e r i o d n o o b j e c t i o n is d u l y
m a d e t o the order b y any of the persons u p o n w h o m notices are
r e q u i r e d t o b e served, or if all such objections so m a d e are w i t h ­
drawn, then, subject t o the provisions of this Schedule, t h e B o a r d
45
may, without further inquiry, confirm the order either with or A.D. 1937.
without modification, but in any other case the Board shall
before confh'ming the order, appoint a competent and impartial 4 T H S e n .
--con/.5
person, not being a person in the employment of any Government
5 Department to hold, a public inquiry in the locality, and shall
consider the report of the person who held the inquiry and all
objections made thereat, and may then confirm the order either
with or without modification :
Provided that the Board may require any person who has
10 made an objection to state in writing the grounds thereof, and
may confirm the order without causing a public inquiry to be
held, if they are satisfied that every objection duly made relates
exclusively to matters which could be dealt with by the arbi­
trator to whom questions of disputed compensation are to be
15 referred.
( 2 ) The Commission and all persons interested in the land
in respect of which the right is to be acquired, and such other
persons as the person holding the inquiry in his discretion thinks
fit to allow, shall be permitted to appear and to be heard at
20 an inquiry held under this paragraph.
6. A n order as confirmed by the Board shall not authorise
the compulsory acquisition of any right which the order would
not have authorised them so to acquire if it had been confirmed
without modification.
2g
Provisions as to compensation.
7. Where a right to be acquired is to be granted on the
termination of a lease subsisting on the appointed day,
or of a lease substituted for such a lease under section
ten of this Act, and a similar right was comprised in that lease,
3Q the arbitrator, in determining whether any compensation or
consideration is to be paid or given in respect of the acquisition
or exercise of the right and the amount thereof, if any, shall
have regard to the fact that that similar right was comprised
in that lease and to the amount of the rent reserved by that lease
35 in respect thereof.
8. For the purpose of determining any compensation or
consideration to be paid or given, the rent, if any, at which the
land has been let, the rent at which it can be let for purposes
other than coal-mining purposes, the loss, if any, caused to the
40 owner by severance, the terms and conditions of the acquisition,
including anjr reservation of sporting or fishing rights, and all
the other circumstances connected with the land, shall be taken
into consideration.
A . D . 1937.
4TH S C H .
—cont.
:
General.
9. On the determination of any tenancy created pursuant
to the order, any questions as to the amount due by the
Commission or then- lessees for depreciation shall, in default of
an. agreement, be determined by arbitration.
5
10. Where the land is subject to a mortgage, any lease made
in pursuance of the order by the mortgagor or mortgagee in
possession shall have the like effect as if it were a lease authorised
by section rhnety-nine of the Law of Property Act, 1925.
11. Where the Commission are authorised by an order
confirmed under this section to acquire a right compulsorily,
then, at any time after notice to treat has been served, the
Commission, or, if so authorised in that behalf by the Commission,
the lessee under a coal-mining lease that comprises premises for the
benefit of which the right is to be acquired, may, after giving to
the owner and to the occupier of the land in respect of which the
right is proposed to be acquired not less than fourteen days'
notice, enter on and take possession of the land to such extent
as may be requisite for the exercise of the right, without previous
consent or compliance with sections eighty-four to ninety of the
Lands Clauses Consolidation Act, 1 8 4 5 , but subject to the
payment by the Commission of the like compensation for the
land of which possession is taken and interest on the compensation
awarded as would have been payable if those provisions had been
complied with.
10
15
20
- ­
25
12. With respect to an order authorising the extinguishment
of a servitude or to the discharge of a restrictive covenant, this
Schedule shall have effect subject to the following modifications,
that is to say:—
(a) the order shall describe by reference to a map, and the 30
notice required to be published by sub-paragraph (a) of
paragraph 4 of this Schedule shall describe,—
(i) in the case of the extinguishment of a servitude,
both the land to which it is annexed and-the land
affected thereby.; and
35
(ii) in the case of the discharge of a restrictive
covenant, both the land for the benefit of which the
covenant runs and the land subject to the burden
thereof;
lb) for references to the right to be acquired there shall be 40
substituted references to the servitude to be extin­
guished or to the restrictive covenant to be discharged,
as the case may be;
11
(c) f o r references t o t h e g r a n t o f t h e r i g h t t h e r e shall b e
s u b s t i t u t e d r e f e r e n c e s t o t h e l-elease o f t h e e a s e m e n t
t o be extinguished or t o the restrictive covenant t o be
d i s c h a r g e d , a s t h e case m a y b e ;
5
(d)
A.D. 1937.
— ­
­
4
t
h
f o r references t o t h e l a n d i n respect o f w h i c h t h e r i g h t is
t o b e a c q u i r e d there shall b e substituted references t o
the land t o which t h e servitude t o b e extinguished is
annexed, o r w i t h which t h e benefit of t h e restrictive
covenant t o b e discharged runs.
10
13. I n construing f o r t h e p u r p o s e s o f this S c h e d u l e o r a n y
order m a d e thereunder, any enactment incorporated w i t h t h e
order, this A c t , t o g e t h e r w i t h t h e order, shall b e d e e m e d t o b e
t h e special A c t , a n d t h e C o m m i s s i o n shall b e d e e m e d t o b e t h e
p r o m o t e r s o f t h e undertaking, a n d t h e w o r d " l a n d " shall b e
15
d e e m e d t o include a n y interest i n l a n d a n d a n y servitude.
Application to Scotland.
14. T h i s
following
Schedule
shall
apply
to
Scotland
subject
( i ) P a r a g r a p h 3 s h a l l h a v e e f f e c t a s i f h e a d (d) w e r e
20
to the
modifications—
omitted
therefrom; '
(ii) paragraph
10 s h a l l n o t a p p l y ;
FIFTH
SCHEDULE.
ENFORCEMENT OF SUBSISTING C O A L - M I N I N G
DURING TRANSITIONAL PERIOD.
25
LEASES
1. In this Schedule the expression " lease under receivership "
means a lease in the case of which by virtue of section nine of this
Act the provisions of this Schedule for the time being have effect.
2. Subject to the provisions of the next succeeding para­
graph, rent reserved by a lease under receivership, and the
30 benefit of every covenant or provision therein contained having
reference to the subject-matter thereof and on the lessee's part
to be observed or performed, and every condition of re-entry
and other condition therein contained, shall be capable of being
recovered, received, enforced and taken advantage of by a
35 Receiver appointed by the Commission to act for the purposes
of this Schedule in relation to that lease, and not otherwise, and
the provisions of Part V of the Law of Property Act, 1925, shall,
in their operation in relation to that lease, have effect subject
to the provisions of this paragraph.
19
I
S
o
h
9)
A D . 1937
-—
5TH S C H .
c o n t
3 . - ( 1 ) A R e c e i v e r shall, for t h e purpose o f ascertaining t h e
a m o u n t to be recovered b y h i m in respect of rent r e s e r v e d b y a
lease u n d e r receivership t h a t comprises b o t h coal o r a m i n e
which w a s underleased i m m e d i a t e l y before the appointed d a y
a n d i n t h e c a s e o f w h i c h a d i r e c t i o n is g i v e n u n d e r s u b s e c t i o n ( 2 )
o f s e c t i o n e i g h t o f this A c t as respects interests t h e r e i n arising
u n d e r t h e lease a n d also premises other t h a n t h e coal h e r e d i t a ­
ments affected b y the direction, apportion provisionally the rent
r e s e r v e d b y t h e l e a s e as b e t w e e n t h e p a r t s t h e r e o f a t t r i b u t a b l e
r e s p e c t i v e l y t o the coal hereditaments affected b y the direction
a n d t o the other premises comprised in t h e lease.
(2) A R e c e i v e r shall n o t h a v e p o w e r t o r e c o v e r a n y p a r t o f
t h e r e n t r e s e r v e d b y a lease u n d e r r e c e i v e r s h i p t h a t is a p p o r t i o n e d
under the preceding sub-paragraph to the coal hereditaments
therein mentioned.
4 . — ( 1 ) A R e c e i v e r shall, for t h e purpose o f t h e distribution
b y h i m o f r e n t r e c e i v e d i n respect o f a lease u n d e r receivership
t h a t comprises b o t h coal hereditaments t h e i m m e d i a t e reversion
w h e r e i n is v e s t e d i n t h e C o m m i s s i o n a n d o t h e r p r e m i s e s , a p p o r t i o n
t h e r e n t as b e t w e e n t h e p a r t s t h e r e o f a t t r i b u t a b l e r e s p e c t i v e l y
to those coal hereditaments and to those other premises.
( 2 ) A R e c e i v e r shall p a y all rent r e c e i v e d b y h i m for a n y
p e r i o d in respect o f a lease under receivership, b e i n g rent
r e s e r v e d b y a lease t h a t comprises o n l y coal h e r e d i t a m e n t s t h e
immediate
r e v e r s i o n w h e r e i n is v e s t e d i n t h e
Commission
o r b e i n g r e n t t h a t is a p p o r t i o n e d u n d e r t h e p r e c e d i n g s u b ­
p a r a g r a p h t o such coal h e r e d i t a m e n t s , t o t h e p e r s o n o r p e r s o n s
w h o , i f this A c t h a d n o t been passed, w o u l d h a v e been entitled,
in r i g h t o f the reversion i m m e d i a t e l y e x p e c t a n t o n t h a t lease or
o f a n y superior reversion, t o rent for t h a t p e r i o d in respect o f
t h e coal h e r e d i t a m e n t s i n r e s p e c t o f w h i c h t h e r e n t so r e c e i v e d
b y t h e R e c e i v e r w a s reserved, or t o w h i c h it w a s apportioned
b y h i m , as t h e case m a y b e , i n p r o p o r t i o n i f m o r e t h a n o n e
to the net amounts to w h i c h those persons respectively w o u l d
h a v e b e e n s o e n t i t l e d ( t h a t is t o s a y t h e a m o u n t s w h i c h t h e y
Avould h a v e b e e n e n t i t l e d t o r e c e i v e i n r e s p e c t o f s u c h r e n t less
a n y amounts in respect thereof the burden of w h i c h w o u l d h a v e
fallen upon t h e m ) .
( 3 ) A R e c e i v e r shall p a y all rent r e c e i v e d b y h i m i n respect
o f a l e a s e u n d e r r e c e i v e r s h i p , b e i n g r e n t t h a t is a p p o r t i o n e d u n d e r
sub-paragraph (1) o f this p a r a g r a p h to t h e other premises therein
m e n t i o n e d , t o t h e person w h o , if the lease h a d n o t been under
receivership, would have been entitled in right of the reversion
i m m e d i a t e l y e x p e c t a n t on t h a t lease, t o r e c e i v e t h a t r e n t .
5. A R e c e i v e r m a y m a k e p r o v i s i o n a l l y a n y a p p o r t i o n m e n t s
o t h e r t h a n as a f o r e s a i d a p p e a r i n g t o h i m t o b e r e q u i s i t e f o r
g i v i n g effect t o t h e provisions o f this Schedule.
5
10
15
20
25
30
35
40
45
5
6.—(1) A
R e c e i v e r s h a l l t r a n s m i t to t h e c o m p e n s a t i o n
t r i b u n a l particulars of r e n t received b y him, a n d of a p p o r t i o n ­
m e n t s m a d e b y h i m , hi r e s p e c t o f a lease u n d e r r e c e i v e r s h i p , a n d
the t r i b u n a l shall cause those a p p o r t i o n m e n t s t o b e r e v i e w e d b y
t h e v a l u e r c h a r g e d u n d e r t h e T h i r d S c h e d u l e t o this A c t w i t h t h e
f u n c t i o n o f a s c e r t a i n i n g t h e v a l u e o f interests i n p r e m i s e s s i t u a t e d
i n t h e v a l u a t i o n a r e a in w h i c h t h e p r e m i s e s c o m p r i s e d i n t h a t
lease are situated.
(2) W h e n
10
the
said
apportionments
have
been
reviewed,
t h e v a l u e r shall t r a n s m i t t h e s a i d p a r t i c u l a r s t o t h e C o m m i s s i o n ,
specifying a n y a m e n d m e n t s of t h e said a p p o r t i o n m e n t s
appearing
b y the review thereof to b e requisite.
15
( 3 ) A n a p p o r t i o n m e n t a m e n d e d as specified u n d e r t h e l a s t
p r e c e d i n g s u b - p a r a g r a p h is i n this S c h e d u l e r e f e r r e d t o a s a
final a p p o r t i o n m e n t .
7 . — ( 1 ) I n c o m p u t i n g the total a m o u n t of the principal
a n d interest p a y a b l e u n d e r s e c t i o n f o u r o f t h i s A c t b y w a y o f
compensation i n respect of a n y reversion, there shall be treated
as h a v i n g been p a i d o n account of such compensation all rent
20
25
r e c e i v e d b y a R e c e i v e r i n r e s p e c t o f a lease u n d e r r e c e i v e r s h i p
o n which that reversion w a s expectant and p a i d to a person in
r i g h t o f t h a t r e v e r s i o n u n d e r p a r a g r a p h 4 o f this S c h e d u l e ( w h e t h e r
u n d e r s u b - p a r a g r a p h ( 2 ) or u n d e r s u b - p a r a g r a p h ( 3 ) t h e r e o f )
less a n a m o u n t e q u a l t o —
(a)
a n y p a r t o f t h e r e n t so r e c e i v e d t h a t a c c r u e d b e f o r e t h e
lease c a m e u n d e r r e c e i v e r s h i p ;
(b)
any part
of the
rent
and
so r e c e i v e d t h a t
appears
by
the
r e l e v a n t final a p p o r t i o n m e n t s t o h a v e b e e n a t t r i b u t a b l e
to p r e m i s e s c o m p r i s e d i n t h e lease t h e i m m e d i a t e r e v e r ­
30
sion w h e r e i n is n o t v e s t e d i n t h e C o m m i s s i o n ;
a n d for the p u r p o s e s o f this s u b - p a r a g r a p h t h e d a t e o n w h i c h
a n y r e n t t h a t is t o b e t r e a t e d as h a v i n g b e e n p a i d o n a c c o u n t
of compensation w a s p a i d shall be deemed to be the date of the
p a y m e n t on account.
35
( 2 ) W h e r e r e n t t h a t u n d e r t h e p r e c e d i n g s u b - p a r a g r a p h is
t o b e t r e a t e d as p a i d o n a c c o u n t o f t h e c o m p e n s a t i o n f o r a n y
reversion has b e e n p a i d t o a person other t h a n the person entitled
t o the compensation for that reversion, the person entitled m a y
recover an a m o u n t e q u a l to t h a t p a y m e n t as a simple contract
40
d e b t from the person t o w h o m the p a y m e n t w a s m a d e .
45
( 3 ) N o t w i t h s t a n d i n g the foregoing provisions of this p a r a ­
g r a p h , as b e t w e e n t h e p e r s o n s b e n e f i c i a l l y i n t e r e s t e d in t h e
c a p i t a l a n d i n c o m e r e s p e c t i v e l y o f t h e c o m p e n s a t i o n for a n y
r e v e r s i o n , so m u c h o f a n y r e n t , t h a t u n d e r s u b - p a r a g r a p h ( 1 ) o f
this p a r a g r a p h is to b e t r e a t e d as p a i d o n a c c o u n t o f s u c h c o m ­
p e n s a t i o n , as w o u l d h a v e b e e n a p p l i c a b l e as i n c o m e i f t h a t
reversion h a d n o t been vested in the Commission as regards the
19
1 2
A . D . 1937.
.
5
t
h
Scar,
-cont.
A . D . 1937.
—­
6TH S C H .
-cont.
premises t o which the rent was attributable, shall b e applicable
f o r t h e benefit o f t h e person i n t e r e s t e d in t h e i n c o m e o f t h e
compensation, and paragraph 2 2 o f the T h i r d Schedule to this
A c t shall h a v e effect subject t o this p r o v i s i o n .
8. W h e r e r e n t r e s e r v e d b y s u c h a l e a s e a s i s m e n t i o n e d i n
p a r a g r a p h 3 of this Schedule has b e e n r e c o v e r e d b y a R e c e i v e r
o n t h e basis o f a provisional a p p o r t i o n m e n t m a d e under t h a t
paragraph­
(a)
(b)
if the rent finally apportioned to the premises comprised
i n the lease o t h e r t h a n t h e coal h e r e d i t a m e n t s affected
b y the relevant direction exceeds the rent recovered,
t h e R e c e i v e r shall be entitled t o recover t h e excess as
a s i m p l e c o n t r a c t d e b t f r o m t h e lessee f r o m w h o m t h e
rent w a s r e c o v e r e d and shall p a y it t o t h e person w h o ,
i f the lease h a d n o t b e e n u n d e r receivership, w o u l d
have been entitled t o recover the rent in respect of those
premises;
if the rent recovered exceeds the rent finally apportioned
t o those p r e m i s e s , t h e lessee f r o m w h o m t h e r e n t w a s
r e c o v e r e d s h a l l b e e n t i t l e d t o r e c o v e r t h e e x c e s s as a
simple contract debt f r o m the Commission.
9. W h e r e
a
Receiver
receives a n y
rent
otherwise
than
5
10
15
20
in
m o n e y , h e shall sell t h e p r o p e r t y r e c e i v e d , a n d r e f e r e n c e s i n t h i s
Schedule t o r e n t shall b e construed i n r e l a t i o n t o a n y
property
25
s o r e c e i v e d as r e f e r e n c e s t o t h e n e t p r o c e e d s o f s a l e t h e r e o f .
10. A n y s u m r e c e i v e d b y a R e c e i v e r i n r e s p e c t o f a l e a s e
u n d e r receivership o t h e r t h a n r e n t r e s e r v e d t h e r e b y shall b e
held by him in trust—
(a)
i n s o f a r as t h e h a b i h t y o f t h e p e r s o n f r o m w h o m t h a t
sum was recovered was a h a b i h t y in respect o f an event
occurring or of a period elapsing before t h e lease c a m e
under receivership, for the person w h o w o u l d h a v e been
e n t i t l e d t o r e c o v e r t h a t s u m f r o m t h e lessee o r o t h e r
person liable t o p a y t h a t sum i f this A c t h a d n o t been
passed;
( 6 ) i n so f a r as t h a t n a b i l i t y w a s a l i a b i l i t y i n r e s p e c t o f
a n e v e n t occurring or o f a p e r i o d elapsing after t h e lease
came under receivership, for the person w h o w o u l d have
been entitled as aforesaid a n d the Commission in t h e
proportions respectively in which that Uability was
incurred in respect of premises the i m m e d i a t e reversion
w h e r e i n is d e e m e d t o b e c o n v e y e d t o t h e C o m m i s s i o n
and o f other premises respectively.
11. A
Receiver
may
require
any
person
claiming
to
30
35
40
be
entitled to have payments made to h i m b y the R e c e i v e r under
45
this Schedule to furnish such evidence, documentary or otherwise, A . D . 1937.
for that purpose as the Receiver may reasonably require.
5TH S o n .
12. A Receiver may retain out of any sums received by
him in his capacity as a Receiver, in priority to the payments
5 which he is required under the preceding provisions of this
Schedule to make, such percentages by way of remuneration
as may be determined by the Commission, and in determining
the amount thereof the Commission shall have regard to the
percentages commonly allowed for the remuneration of persons
10 employed before the appointed day in the collection of rents
reserved by coal-mining leases.
[ 1 3 . — ( 1 ) The provisions of this paragraph shall have effect
with respect to the assessment, collection and recovery of mineral
rights duty and of royalties welfare levy in respect of coal heredita­
15 ments comprised in a lease under receivership.
( 2 ) In relation to a lease under receivership the lessee where­
under is a working lessee within the meaning of section twenty­
four of the Finance ( 1 9 0 9 - 1 0 ) Act, 1 9 1 0 , the Receiver shall be
deemed to be the immediate lessor for the purposes of the pro­
20 visions of that Act relating (as originally enacted and as applied
by Part I I I of the Mining Industry Act, 1926) to the assessment,
collection and recovery of the said duty and levy.
( 3 ) Where a Receiver pays any duty or levy as being deemed
by virtue of the last preceding sub-paragraph to be the immediate
25 lessor under any lease under receivership, the Receiver shall make
the appropriate deductions in respect of the said duty and levy
from the rent payable by him under this Schedule.]
1 4 . — ( 1 ) In the selection of persons to act as Receivers, the
Commission shall, so far as may be reasonably practicable, give
30 preference to persons employed before the appointed day in
collecting rents reserved by coal-mimng leases.
( 2 ) A Receiver shall keep proper accounts of all sums
received and paid by him in respect of a lease under receivership
and shall permit the Commission and any person interested in
35 the demised premises or in a reversion in right of which any sum
is or may be payable under this Schedule to inspect and take
copies of the accounts at all reasonable times.
( 3 ) Any person who suffers damage by the misappropriation,
or by the wilful or negligent misapplication, by a Receiver of sums
40 received by him in his capacity as a Receiver shall be entitled
to recover from the Commission as a simple contract debt the
amount of the damage sustained by him.
( 4 ) A Receiver shall, in respect of any act or default in his
capacity as a Receiver, be personally liable to any person who
45 suffers damage thereby to the like extent as a receiver appointed
by the High Court and to that extent only.
—eont.
[1 E D W , 8. &
1 G E O . 6.]
A.D. 1937.
5TH S O H .
-cont.
( 5 ) The High Court may, on the application of the Com­
mission, or of any person interested in premises comprised in a
lease under receivership in respect of a reversion not deemed to
be conveyed tojthe Commission, direct that the powers and duties
of a Receiver or any of them shall be exercised and performed 5
under the directions of the Court.
(6) Subject to the preceding provisions of this Schedule, a
Receiver shall exercise and perform his powers and duties there­
under in accordance with any directions that may be given in
that" behalf, either generally or in any particular case, by the 10
Board of Trade.
15. In the application of this Schedule to Scotland any
reference to a Receiver appointed by the High Court of Justice
shall be construed as a reference to a judicial factor.
SIXTH
GRANT
SCHEDULE.
15
OF N E W LEASES I N S U B S T I T U T I O N F O R
RETAINED LEASES.
1 . — ( 1 ) Where in exercise of the powers conferred on them
by section ten of this Act the Commission propose to require
the lessee under a retained lease to take a substituted lease of 20
premises the immediate reversion wherein is vested in them, or
to require the lessee to take and the person competent in that
behalf to grant to him a substituted lease of other premises, they
shall cause a draft of the proposed substituted lease to be prepared
and to be delivered to the lessee, or to the lessee and to the lessor, 25
as the case may be.
(2) I f the interest of the lessee in premises the immediate
reversion wherein is vested in the Commission, or the interest
of the lessee or of the lessor in other premises, is subject to a
mortgage otherwise than by way of floating charge, the Com- 30
mission shall cause the draft of the substituted lease to be
delivered to the mortgagee also, and shall further cause to be
prepared and to be delivered to the mortgagee and to the mort­
gagor a draft of such instrument, whether being a substituted
security or an instrument making provision for the variation of the 35
subsisting security, as may be requisite for preserving so far as
may be the rights and liabilities of the mortgagee and of the
mortgagor.
2. A person to whom a draft has been delivered under
the preceding paragraph may within [six weeks] after the delivery 40
thereof serve notice on the Commission of his objection to the
terms thereof on the ground that the proposed substituted lease
does not comply with the provisions of subsection ( 3 ) of section
ten of this Act, or that the proposed instrument does not comply
with the provisions of the preceding paragraph, as the case
5 may be, and where notice is so served the terms of the draft may
be modified by agreement between the parties concerned, and in
default of agreement the terms of the lease or instrument thall
be settled—
10
15
(a) so far as regards the amount of the rent to be reserved
by the substituted lease, by the member of the com­
pensation tribunal charged with the function of ascer­
taining the value of interests in premises situated in
the valuation area in which the premises to be comprised
in the substituted lease are situated; and
(b) as regards any other matter by an arbitrator selected by
agreement between the parties or, in default of agree­
ment, by the Board of Trade.
3. When the draft of a substituted lease has been delivered
under this Schedule and either no notice of objection has been duly
2 0 given or the provisions of the substituted lease have been settled
under the last preceding paragraph, the Commission may
determine the retained lease as regards the premises to which the
draft relates, and upon the determination thereof, the Commission
or the lessor, as the case may be, shall, if the lessee so requires, be
2 5 bound to grant, and the lessee shall, if the Commission or the
lessor, as the case may be, so require, be bound to take, a new
lease in the terms settled.
4. When the draft of an instrument relating to a mortgage
has been delivered under this Schedule and either no
30 notice of objection has been duly given or the provisions of the
instrument have been settled under paragraph 2 of this Schedule,
the mortgagee and the mortgagor shall, if the other of them so
requires, be bound to execute the instrument in the terms settled.
5. Subject as aforesaid the procedure for the determination of
35 retained leases and the grant of substituted leases or substituted
securities, or the variation of securities, shall be such as may be
prescribed by rules.
6 . — ( 1 ) Subject to the provisions of this paragraph, the costs
incurred in giving effect to the provisions of this Schedule by
4 0 a person other than the Commission shall—­
(a) in the case of a mortgagee, as to the whole of such costs;
and
(6) in any other case, as to such part of such costs as may
be determined by agreement between the Commission
45
and that person, or in default of agreement by an arbi­
trator to be selected as aforesaid, to. be attributable
to such part of the transaction effected under this
A . D . 1937.
.
­
6 t
h
S o h
A . D . 1937.
6TH
SOH.
-cont.
Schedule as was rendered necessary by the passing of
this A c t ;
be paid by the Commission.
( 2 ) In case of difference as to the amount of the costs,
other than costs of a reference or award, to be paid under the 5
preceding sub-paragraph, the Board of Trade may direct in what
manner they are to be taxed.
( 3 ) A n arbitrator may direct that the Commission shall not
be liable to pay any such costs as aforesaid, being costs of a
reference or award incurred by a party to a reference who appears 10
to the arbitrator to have been guilty of any such unreasonable
failure to agree with the Commission or any other party, or of
any such negligence or default, as to disentitle him to payment
thereof.
SEVENTH
SCHEDULE.
15
G R A N T OF L E A S E S TO FREEHOLDERS LN POSSESSION OF
COAL I M M E D I A T E L Y BEFORE T H E A P P O I N T E D D A Y .
1. Where application has been duly made to the Commission
for the grant of a lease under section twelve of this Act, the
Commission shall cause to be prepared arid delivered to. ..the 2 0
person entitled to the grant of the lease (in this Schedule referred
to as " the lessee " ) a draft of the proposed lease.
2 . — ( 1 ) Where the interest of the lessee was immediately
before the appointed day subject to a mortgage, other than a
mortgage by way of floating charge, the mortgagee may, at any 2 5
time not later than the expiration of six months from the
appointed day, give notice in writing to the Commission that he
elects to have, in lieu of any interest in the compensation in
respect of the fee simple in the demised premises, a charge upon
the interest of the lessee under the lease.
30
( 2 ) Where notice is duly given under the preceding sub­
paragraph in relation to any premises, the Third Schedule to this
Act shall have effect as if those premises had not been subject
to the mortgage, and the Commission shall cause to be prepared
and delivered to the lessee and to the mortgagee a draft of such 3 5
instrument, whether being a substituted security or an instrument
making provision for the variation of a subsisting security, as
may be requisite for preserving so far as may be the rights and
Habihties of the mortgagee and of the lessee.
3. A person to whom a draft has been delivered under either 4 0
of the two last preceding paragraphs may within [six weeks]
after the delivery thereof serve notice on the Commission of his
objection to the terms thereof on the ground that the proposed
lease does not comprise all the premises to a lease of which the
lessee is entitled or that the terms, or the conditions, specified A.D. 1937*
in the draft do not comply with the provisions of subsection ( 2 )
-— .
of section twelve of this Act, or that the proposed instrument
^ *
—cont.
does not comply with the provisions of the last preceding para­
5
graph, as the case may be, and where notice is so served the terms
of the draft m a y be modified b y agreement between the parties
concerned, and in default of agreement the terms of the lease or
instrument shall be settled b y an arbitrator selected b y agreement
between the parties or, in default of agreement, b y the Board of
10 Trade.
;
7
4. W h e n the draft of a lease or of an instrument relating
to a mortgage has been delivered under this Schedule and either
no notice of objection has been duly given or the provisions
of the lease or instrument have been settled b y agreement, or
15 b y an arbitrator, then, in the case of a lease, the Commission shall,
if the lessee so requires, be bound to grant and the lessee shall, if
the Commission so require, be bound to take, a lease in the terms
settled, and, in the case of an instrument relating to a mortgage
the lessee and the mortgagee shall, if the other of them so requires,
20 be bound to execute the instrument in the terms settled.
5. The provisions of paragraph 6 of the Sixth Schedule to this
A c t shall have effect in relation to costs incurred in giving effect
to the provisions of this Schedule as they have effect in relation to
costs incurred in giving effect to the provisions of that Schedule.
EIGHTH
25
SCHEDULE.
A M E N D M E N T S OF 20 & 21 G E O . 5. o. 34, s. 13.
1. I n section thirteen, after subsection (1) thereof, there
shall be inserted the following subsection : —
" ( 1 A The following provisions shall have effect with
respect to any scheme submitted to the Board of Trade
b y the Coal Mines Commission—
30
35
40
'
;
(a) the scheme shall provide for the consideration to
be given to each of the constituent companies
from which property is to be transferred (herein­
after referred to as a transferor company) being
given out of the securities of the new company or
of the constituent company to which that property
is. transferred, as the case may be (hereinafter
referred to as the transferee company) and not
otherwise, and for the amount of the considera­
tion being determined upon the basis of the
value at the date of transfer of the property and
liabilities of each transferor company transferred
19
K
t
h
0
j
h
[ 1 E D W , .8. &
1 G E O . 6.]
A.D. 1937.
r -""
8TH S C H .
cont. -
b y the scheme; the value of the property being
assessed a t w h a t w o u l d h a v e b e e n t h e v a l u e
t h e r e o f a t t h e d a t e o f t r a n s f e r as b e t w e e n a
willing b u y e r and a willing seller;
J
(6) t h e s c h e m e s h a l l d e t e r m i n e t h e c l a s s e s o f s e c u r i t i e s 5.
of the transferee c o m p a n y which are t o be g i v e n
to the transferor companies in respect o f the
different classes o f p r o p e r t y t r a n s f e r r e d t o it­
a n d shall m a k e p r o v i s i o n f o r t h e d e t e r m i n a t i o n
o f t h e a m o u n t o f t h e c o n s i d e r a t i o n t o b e g i v e n 10
to each of the transferor companies out of those
s e c u r i t i e s , i n s o f a r a s i t is n o t d e t e r m i n e d b y t h e
terms of the scheme, being
finally
determined
u p o n principles specified therein, b y arbitration
o r o t h e r w i s e , a f t e r t h e s c h e m e h a s c o m e i n t o 15
operation;
(c) t h e scheme m a y p r o v i d e for a n y p r o p e r t y o f a
transferor c o m p a n y t h e r e b y transferred t o
a
transferee c o m p a n y being so transferred either
s u b j e c t t o , o r f r e e d f r o m , a l l h a b i h t i e s f o r t h e 20
repayment o f m o n e y lent which
immediately
before t h e date of transfer w e r e secured o n t h a t
property, b u t if a scheme p r o v i d e s for t h e transfer
..of a n y p r o p e r t y f r e e d f r o m a l l s u c h H a b i l i t i e s , t h e
. s c h e m e s h a l l m a k e p r o v i s i o n f o r e n t i t l i n g a l l 25
persons w h o i m m e d i a t e l y before t h e d a t e
of
transfer h a d , b y w a y o f security for such r e p a y ­
ment, an interest in that property, t o participate
in the consideration t o be r e c e i v e d b y t h e trans­
f e r o r c o m p a n y b y m e a n s o f a c h a r g e o n t h a t 30
consideration or a n y p a r t thereof, a n d w i t h t h e
l i k e p r i o r i t i e s b e t w e e n e a c h o t h e r as e x i s t e d
before the coming into force of t h e s c h e m e ;
(d)
2. F o r
the scheme m a y m a k e provision for m a k i n g in
a n y trust affecting p r o p e r t y or habihties transferred
to
the transferee
company,
including
a n y compensation trust created in accordance
with the provisions of the W o r k m e n ' s Compensa­
t i o n ( C o a l M i n e s ) A c t , 1934, such m o d i f i c a t i o n s
as m a y b e c o n s e q u e n t i a l u p o n t h e a m a l g a m a t i o n
or absorption t o be effected b y t h e s c h e m e . "
subsection
(2)
of
the
said
section,
thirteen
35
4Q
there
shall b e s u b s t i t u t e d t h e f o l l o w i n g s u b s e c t i o n : —
"
Board
(2) I n
relation
of Trade
to
under
Commission, the A c t
of
any
this
scheme
section
submitted
by
1926 shall h a v e
the
Coal
effect
to
the
Mines
as if
the proviso to subsection (2) of section seven thereof
for
and
45
section eight thereof (which b o t h relate to the consideration
o f schemes b y the R a i l w a y a n d Canal Commission) there
w e r e s u b s t i t u t e d t h e f o l l o w i n g p r o v i s o , t h a t is t o s a y : —
' P r o v i d e d that the R a i l w a y a n d Canal C o m m i s s i o n —
(a) s h a l l h e a r s u c h p e r s o n s , w h e t h e r i n s u p p o r t o f
o r a g a i n s t t h e s c h e m e , a s t h e y t h i n k fit, i n c l u d i n g
representatives
of
persons e m p l o y e d in
any
undertakings affected b y the s c h e m e ; a n d
5
(6) s h a l l n o t h a v e p o w e r t o m a k e , or r e q u i r e t o b e
m a d e , i n the scheme modifications inconsistent
10
w i t h a n y provisions required b y the enactments
relating thereto to b e included in schemes s u b ­
m i t t e d t o the B o a r d of T r a d e b y the Coal Mines
Commission; and
15
(c) s h a l l c o n f i r m t h e s c h e m e if t h e y a r e satisfied
that.
it conforms to the enactments relating thereto,
a n d t h a t t h e a m a l g a m a t i o n o r a b s o r p t i o n effected
b y the scheme will b e carried o u t u p o n terms a n d
-
conditions t h a t will, o n the one h a n d , b e fair a n d
20
25
e q u i t a b l e t o all t h e t r a n s f e r o r c o m p a n i e s a n d w i l l
also, o n the other h a n d , enable the u n d e r t a k i n g
o f the transferee
company
to be
efficiently
c a r r i e d o n w i t h d u e r e g a r d t o t h e interests o f a l l
persons affected b y the scheme.' "
3. S u b s e c t i o n
repealed.
(4)
of
the
NINTH
said
section
thirteen
hereby
SCHEDULE.
A M E N D M E N T S OE 2 0 & 2 1 G E O .
c. 34, ss. 5 A N D 8.
30
is
5.
1. F o r s u b s e c t i o n (3) o f s e c t i o n five o f t h e C o a l M i n e s A c t ,
1930, t h e r e s h a l l b e s u b s t i t u t e d t h e f o l l o w i n g s u b s e c t i o n s : ­
" (3) A committee of investigation m a y act n o t w i t h ­
standing a n y v a c a n c y in their number.
( 3 A ) T h e B o a r d o f T r a d e s h a l l c a u s e to b e c o n s t i t u t e d
panel of persons suitable to exercise the functions o f
35
a
40
c h a i r m a n of a n y committee of investigation in t h e e v e n t
of the c h a i r m a n of a n y such committee being u n a b l e to
act on the investigation of a n y complaint, a n d i n such
a n e v e n t a p e r s o n s h a l l , i n s u c h m a n n e r as t h e B o a r d o f
T r a d e m a y direct, b e selected from the panel to act as
c h a i r m a n , a n d a p e r s o n so s e l e c t e d f o r t h e i n v e s t i g a t i o n
of a n y c o m p l a i n t shall, in relation to t h a t investigation,
19
L
A . D . 1937,
— ­
8
t
h
S
c
h
*
-cont.
A . D . 1937.
9TH
SCH.
-—cont.
be
deemed
to
be
this
the
references
in
construed
accordingly.
chairman
section
to
of
' the
the
committee,
chairman'
shall
and
be
(3B) T h e chairman shall b e present a t every meeting
o f a committee o f investigation, and a n y question at
such a m e e t i n g shall, if the v o t e s o f all t h e
members
present and v o t i n g thereon are not unanimous, be deter­
mined b y the chairman.
A n y such c o m m i t t e e m a y take
e v i d e n c e o n o a t h , a n d for t h a t p u r p o s e t h e c h a i r m a n shall
have power to administer an oath.
Subject t o the fore­
going provisions o f this subsection, t h e meetings and
p r o c e d u r e o f e v e r y c o m m i t t e e o f i n v e s t i g a t i o n shall be
regulated in accordance w i t h rules m a d e b y the B o a r d
o f T r a d e for the purpose, and such rules m a y m a k e pro­
vision as t o t h e q u o r u m o f a n y such c o m m i t t e e . "
5
10
15
2. I n s u b s e c t i o n ( 7 ) o f t h e s a i d s e c t i o n f i v e t h e w o r d s
" s u b j e c t as h e r e i n a f t e r p r o v i d e d " a n d t h e p r o v i s o t o t h a t
subsection are h e r e b y repealed.
3. I n s u b s e c t i o n ( 8 ) o f t h e s a i d s e c t i o n f o r t h e w o r d s f r o m
" m a k e representations w i t h respect thereto " t o the end of the
subsection t h e r e shall b e substituted t h e w o r d s
following—
" g i v e to the persons having p o w e r under t h e scheme to rectify
" t h e m a t t e r such directions as t h e c o m m i t t e e t h i n k desirable
" f o r t h a t purpose, a n d those persons shall c o m p l y t h e r e w i t h
" a n d exercise their functions under the scheme in conformity
" w i t h the directions " ; in subsection (9) o f the said section, for
t h e w o r d s " referring a n y m a t t e r t o a r b i t r a t i o n , " there shall b e
substituted the words " giving any directions," the words " the
arbitrator^
decision a n d "
shall b e o m i t t e d , for the
word
" therewith " there shall be substituted t h e w o r d s " w i t h the
directions," a n d for the w o r d " decision "
(where that word
occurs f o r . t h e second t i m e ) t h e r e shall b e substituted
the
w o r d " d i r e c t i o n s , " a n d p a r a g r a p h (6) o f s u b s e c t i o n ( 1 0 ) a n d
subsection (11) o f t h e said section are h e r e b y r e p e a l e d .
4. A t t h e e n d o f s e c t i o n e i g h t o f t h e s a i d A c t t h e r e s h a l l b e
a d d e d the w o r d s f o l l o w i n g : — " ; a n d a n y such i n f o r m a t i o n p u b ­
" lished or disclosed t o t h e B o a r d of T r a d e o r a n y c o m m i t t e e o f
" i n v e s t i g a t i o n w h i c h is r e l e v a n t t o t h e p r o c e e d i n g s u p o n a n y
" inquiry or investigation held b y t h e m m a y be published or
" disclosed b y t h e m t o a n y person being a p a r t y t o o r otherwise
" directly concerned i n those proceedings, b u t only i n such f o r m
" as does n o t disclose i n f o r m a t i o n relating t o a n y particular
" business or u n d e r t a k i n g . "
20
25
30
35
40
D R A F T
OF
A
B I L L
To make provision for the property in all unworked coal
and mines of coal and certain associated property
and rights being transferred to or acquired by a
Commission with power of management thereover;
for empowering the Commission to promote a
reduction in the number of coal-mining under­
takings; for continuing Part I of the Coal Mines
Act, 1930, with amendments; for enabling the
miners welfare committee to acquire land coin­
pulsorily; and for purposes connected with the
matters aforesaid.
CXV.—B.
(27.)
27th April 1937.
19-15