COAL INDUSTRY NATIONALISATION (CONTRACTS) REGULATIONS, 1946, Dated NOVEMBER 18, 1946, Made by the MINISTER OF FUEL AND POWER UNDER THE COAL INDUSTRY NATIONALISATION ACT, 1946 (9 & 10 GEO. 6. C. 59).
| Jurisdiction | UK Non-devolved |
| Citation | SI 1946/1946 |
1946 No. 1946
COAL INDUSTRY
(xi) Contracts
THE COAL INDUSTRY NATIONALISATION (CONTRACTS) REGULATIONS, 1946, DATED NOVEMBER 18, 1946, MADE BY THE MINISTER OF FUEL AND POWER UNDER THE COAL INDUSTRY NATIONALISATION ACT, 1946 (9 & 10 GEO. 6. C. 59).The Minister of Fuel and Power (in these Regulations referred to as "the Minister") in pursuance of the Coal Industry Nationalisation Act, 1946 (in these Regulations referred to as "the Act"), hereby makes the following regulations:—
Period within which certain matters may be referred to arbitration.
1.—(1) In any case in which the National Coal Board (in these Regulations referred to as "the Board") give notice to the parties to a contract in pursuance of the provisions of subsection (2) of section seven of the Act that they are of opinion that the Second Schedule to the Act ought not to apply to that contract, either at all or to any particular extent, on either of the grounds mentioned in that subsection, any of such parties may, subject as mentioned in that subsection, within the period of one month from the service of such notice, refer the matter to arbitration under the Act as provided by that subsection.
(2) In any case in which an agreement has been made between the Board and a colliery concern, subsidiary or owner as mentioned in proviso (b) to paragraph 2 of the Second Schedule to the Act excluding from the operation of that paragraph all or any rights or liabilities under a contract as respects which that paragraph would otherwise have effect, the other party to that contract (or any of them if more than one), if he objects to such exclusion, may, within the period of one month from the date of the notification to him of that agreement as provided by that proviso, refer the matter to arbitration under the Act.
Substitution of separate contracts for one contract.
2. In any case in which any contract comprises provisions being partly such as the Second Schedule to the Act applies to and partly not, any party to the contract (which expression shall, in this regulation and in regulations three, four and six of these Regulations, include the Board) may, if he is of opinion that it is reasonably requisite to substitute separate contracts for that contract, give notice in writing (in these Regulations referred to as a "substitution notice"), before the expiry of three months from the date from which the Board became subject to liabilities thereunder, to that effect to every other party thereto. If the parties agree that such a substitution is reasonably requisite the provisions of the next following regulation shall apply to the case; in default of such agreement the question shall be determined by arbitration under the Act, in which event the provisions of regulation four of these Regulations shall, if the arbitrator determines that such a substitution is reasonably requisite, apply to the case.(a)
(a) Regulation 2 amended, see p. 233 below.
Provisions applicable to cases in...
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