Coal Mines Act 1930
| Jurisdiction | UK Non-devolved |
| Citation | 1930 c. 34 |
| Year | 1930 |
Coal Mines Act, 1930,
(20 & 21 Geo. 5.) CHAPTER 34.
An Act to provide for regulating and facilitating the production, supply and sale of coal by owners of coal mines; for the temporary amendment of section three of the Coal Mines Regulation Act, 1908; for the constitution and functions of a Coal Mines National Industrial Board; and for purposes connected with the matters aforesaid.
[1st August 1930]
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, as follows:—
Part I.
Production, Supply and Sale of Coal.
1 Schemes regulating production, supply and sale of coal.
(1) There shall be a scheme (hereafter in this Act referred to as ‘the central scheme’) regulating the production, supply and sale of coal by owners of coal mines situated in Great Britain, which shall, subject to the provisions of the scheme, be administered by a body referred to in this Act as the ‘central council’; and, subject to the provisions of this Act, there shall be for every district a scheme (hereafter in this Act referred to as a ‘district scheme’) regulating the production, supply and sale of coal by owners of coal mines situated in the district, which shall, subject to the provisions of the scheme, be administered by a body referred to in this Act as an ‘executive board.’
(2) No scheme shall have effect under this Act unless it has been approved or made by the Board of Trade.
(3) If before the expiration of the period of six weeks from the passing of this Act, or such further period as the Board of Trade may in any case allow, the central scheme or a district scheme for any district is submitted to the Board by any voluntary association or other persons appearing to the Board to be representative of a majority of the owners of coal mines situated in Great Britain or in the district, as the case may be, the Board may, if they are satisfied that the scheme complies with the requirements of this Act, approve the scheme with or without modifications, and in default of such a central or district scheme being so submitted and approved as aforesaid, the Board shall themselves make the scheme.
(4) For the purposes of the last foregoing subsection, the owners of coal mines which, during the period of six months ending on the thirty-first day of December, nineteen hundred and twenty-nine, produced more than half the output of Great Britain or of any district, shall, respectively, be deemed to be a majority of the owners of coal mines situated in Great Britain or in the district:
Provided that, if it appears to the Board of Trade that during the said period of six months the output of a substantial number of coal mines in any district was subject to regulation under any arrangements made by a voluntary association or otherwise, the Board may treat any scheme submitted to them for that district as if the latest period of six months during which the output of those coal mines was not so regulated had been the period mentioned in the foregoing provisions of this subsection.
(5) Any scheme may be amended with the approval of the Board of Trade in manner provided by the scheme, and a new scheme to have effect in substitution for any scheme theretofore in force may at any time be submitted to the Board of Trade by the central council, or, in the case of a new scheme for any district, by the executive board for any district affected thereby, and any scheme so submitted shall, if approved by the Board, have effect accordingly.
(6) Every scheme shall come into force on such date as the Board of Trade may appoint, being (except where a scheme is made by the Board themselves or is to take effect in substitution for a previous scheme) a date not less than one month nor more than three months after the passing of this Act, and the Board may appoint different dates for different schemes, and any scheme for the time being in force shall have effect as if it were enacted in this Act.
(7) The Board of Trade shall, immediately after making or approving any scheme or any amendment thereof, publish the scheme or amendment, as the case may be, in the London Gazette and for the purpose of the Documentary Evidence Acts, 1868 to 1895, any such scheme or amendment shall be deemed to be an order of the Board.
2 Provisions of central scheme.
(1) The central scheme shall provide for the constitution of the central council which shall, subject as hereinafter provided, be composed of representatives of all the owners of coal mines in the several districts:
Provided that, if the scheme is made by the Board of Trade, the central council shall be composed of persons nominated by the Board of Trade after consultation with such voluntary associations (if any) as may appear to the Board to be representative of the owners aforesaid.
(2) The central scheme shall further provide for the following matters—
(a ) for empowering the central council to appoint officers and do all things necessary for the discharge of their functions under the central scheme;
(b ) for the allocation to each district by the council, after consultation with the executive board for the district, of a maximum output for the district (in this Act referred to as ‘the district allocation’);
(c ) for the district allocation being determined at such times and for such periods as the council think fit, so however that the council shall be required to amend the allocation during any such period if they are satisfied upon the representation of the executive board for the district that it is necessary to do so in order to meet an increased demand for coal or any class of coal,
(d ) for the consideration by the council of the operation of the district schemes and for the giving of advice thereon by the council to the executive boards for the several districts, with a view to co-ordinating the operation of the district schemes;
(e ) for the collection by the council from the executive boards for the several districts of levies, imposed upon them in proportion to the output or disposal of their respective districts, for the purpose of defraying the expenses of the council;
(f ) for the establishment of a central fund, for the administration and control of the fund (subject to the provisions of the central scheme) by the council, for the payment into the fund of any money received by the council under the provisions of that scheme, and for the payment out of the fund of the expenses of the council and any money payable by the council under the provisions of that scheme;
(g ) for the appointment of trustees for the council, for the vesting in the trustees of the central fund and of all other property of the council, and for enabling the trustees to sue and be sued for and on behalf of the council;
(h ) for requiring the executive boards for the several districts to furnish to the council, or any person authorised by the council, such returns, accounts and other information as the council may consider necessary for the operation of the central scheme;
(i ) for securing that any executive board, which is aggrieved by any act or omission of the council or of any other executive board or of any other persons in respect of their functions under a scheme in force under this Act, may refer the matter to one or more independent arbitrators, appointed in such manner as may be provided by the scheme; and for the manner in which any such reference is to be heard and determined;
(j ) for the imposition on and recovery from an executive board for a district of such monetary penalties as may be specified by the central scheme in the event of that board, or of any other person having functions under the scheme for that district, contravening or failing to comply with the central scheme;
(k ) for the manner in which the assets and liabilities of the council are to be dealt with on the expiration of this Part of this Act.
(3) The central scheme may provide for such matters as appear to the Board of Trade to be incidental to, or consequential on, the foregoing provisions of this section or to be necessary for giving effect to those provisions.
(4) If the central council make to the Board of Trade representations that for the purpose of regulating or facilitating the production, supply, or sale of coal, or any class of coal, by owners of coal mines situated in Great Britain it is necessary or expedient that the central scheme should make provision for any matters in addition to or in substitution for the matters mentioned in subsections (2) and (3) of this section, the Board may lay before each House of Parliament the draft of an order providing that the scheme may be amended so as to provide for the matters with respect to which the representations were made and those matters shall be specified in the draft order, and, if each House resolves that the order shall be made, the Board shall make a order in the terms of the draft to take effect on such date as may be specified in the order, and the scheme may be amended accordingly in manner provided by the scheme.
3 Provisions of district scheme.
(1) Every district scheme shall provide for the election of the executive board by all the owners of coal mines in the district in such manner as will ensure that any owners, who were not represented by the voluntary association or other persons who submitted the scheme, shall be fairly represented on the board as first elected:
Provided that, if the scheme is made by the Board of Trade, the executive board shall be composed of persons nominated by the Board of Trade after consultation with such voluntary association (if any) as may appear to the Board of Trade to be...
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