Coal Industry Nationalisation Act 1946
The Coal Industry Nationalisation Act of 1946 (9 & 10 Geo. 6. c. 59)[1] was an Act of the Parliament of the United Kingdom which nationalised, or brought into state control, the coal industry in the United Kingdom. It established the National Coal Board as the managing authority for coal mining and coal processing activities. It also initially provided for the establishment of consumers' councils. The Coal Industry Nationalisation Act 1946 was the first of a number of Acts promulgated by the post-war Labour government to nationalise elements of the UK's industrial infrastructure; other Acts include the Electricity Act 1947; the Transport Act 1947 (railways and long-distance road haulage); the Gas Act 1948; and the Iron and Steel Act 1949.[2]
| Act of Parliament | |
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| Long title | An Act to establish public ownership and control of the coal-mining industry and certain allied activities; and for purposes connected therewith. |
|---|---|
| Citation | 9 & 10 Geo. 6. c. 59 |
| Introduced by | Minister of Fuel and Power, Manny Shinwell (Commons) |
| Territorial extent |
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| Dates | |
| Royal assent | 12 July 1946 |
| Commencement | 1 January 1947 |
| Other legislation | |
| Repeals/revokes | Coal Mines Act 1930 |
Status: Amended | |
| Text of statute as originally enacted | |
| Text of the Coal Industry Nationalisation Act 1946 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Background
The Coal Industry Nationalisation Bill was published in December 1945 by the Minister of Fuel and Power, Emanuel Shinwell, and got passed through the House of Commons by his Parliamentary Secretary Hugh Gaitskell. Several commentators have noted that the Bill was imperfect and had been ‘hastily cobbled together’, just four months after the King's Speech.[3][2][4] However, this approach was expedient for the government as the coal mining industry was in a poor state following the war and the Labour government wished to show that their manifesto commitments were being implemented.[3]
The coal industry nationalisation was different to later enactments. The owners of coal mines and facilities were compensated with government stock; this demonstrated to the miners, who were powerful political force, that the industry belonged to the nation.[3] For later nationalisations compensation was by stock issued by the relevant Board. This simplified the system as compensation was based in the market value of shares in the relevant undertaking.[3]
Coal Industry Nationalisation Act 1946
The Coal Industry Nationalisation Act 1946 received royal assent on 12 July 1946.[1] Its long title is ‘An Act to establish public ownership and control of the coal-mining industry and certain allied activities; and for purposes connected therewith.’
Provisions
The provisions of the act comprise 65 sections in nine parts, plus four schedules.
- The National Coal Board
- Sections 1–4: Establishment of National Coal Board, its functions, constitution, power of the Minister, and establishment of Consumers' councils,
- Transfer of assets to the Board
- Sections 5–9: Transfer of assets; interests in patents and designs; rights and liabilities; use of certain property; determination of questions of transfer,
- Compensation for transfer of assets
- Sections 10–16: Compensation for transfer and basis for assessment; allocation of transferred interests; Central and District Valuation Boards; compensation; payment of costs; time limits,
- Compensation for severance, and refunds of capital outlay
- Sections 17 & 18: Compensation for severance; refund of capital outlay
- Satisfaction and disposal of compensation
- Sections 19–25: Date of compensation; recipients of compensation; mode of satisfaction; interim income; satisfaction of compensation; restrictions on disposal of stock; protection; debenture and shareholders of companies,
- Financial provisions
- Sections 26–35: Advances by the minister; borrowing powers; payments to the minister; reserve fund; surplus revenues; accounts and audits; issue of stock; general provisions of stock; Consolidated Fund; payments and advances to the Board; account of receipts,
- Savings, and provisions consequential on nationalisation
- Sections 36–45: Provision of superannuation rights; transfer of property; functions of the Coal Commission; abolition of coal advisory committee; Miners' Welfare Commission; safety and health research; winding-up of coal-selling schemes; Doncaster Drainage District,
- Miscellaneous provisions as to the Board
- Sections 46–54: Terms and conditions of employment; taxation; transfer of liability for subsidence; liability of the board; workmen's compensation liabilities; documents of the board; plans of workings; transferred documents; annual report,
- General
- Sections 55–65: Payment of certain expenses; disclosure of information; penalties; prosecutions and offences; notices; arbitration; regulations; interpretation application to Scotland; short title, extent and repeal.
- First schedule
- Assets to be transferred to the board
- Second schedule
- Transfer to the board of rights and liabilities under contracts
- Third schedule
- Provisions as to Selling Schemes under part I of the Coal Mines Act 1930, and as to the South Yorkshire Mines Drainage Committee
- Fourth schedule
- Enactments repealed
Later enactments
The following Acts amended elements of the 1946 Act.
| Coal Industry Act 1949 | |
|---|---|
| Act of Parliament | |
| |
| Long title | An Act to alter the composition of the National Coal Board, extend the area within which their activities may be carried on, empower them to terminate certain long-term contracts and provide for the enforcement against them of certain workmen's compensation liabilities; to amend sections thirty-seven and sixty-four of the Coal Industry Nationalisation Act, 1946, and authorise the making of certain payments in connection with the settlement of disputes arising under regulations made under the said section thirty-seven and to repeal the provisions of that Act imposing restrictions on the disposal of government stock issued for compensation to companies; to extend the power of the Minister of Fuel and Power to make general regulations under section eighty-six of the Coal Mines Act, 1911, and otherwise to amend that section; and for purposes connected with the matters aforesaid. |
| Citation | 12, 13 & 14 Geo. 6. c. 53 |
| Dates | |
| Royal assent | 30 July 1949 |
Status: Amended | |
| Text of statute as originally enacted | |
| Text of the Coal Industry Act 1949 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Coal Industry Act 1949 (12, 13 & 14 Geo. 6. c. 53) amended and repealed parts of the 1946 Act including the composition of the National Coal Board; extended the area of relevant activities; and terminated contracts.
| Miners' Welfare Act 1952 | |
|---|---|
| Act of Parliament | |
| |
| Long title | An Act to discontinue the royalties welfare levy, dissolve the Miners' Welfare Commission and wind up the miners' welfare fund; to provide for the determination of certain trusts and agreements relating to property derived from the said fund, for the transfer to the National Coal Board or the Coal Industry Social Welfare Organisation of certain property, rights, liabilities, obligations and functions, and for requiring the said Board to make certain payments to the said organisation; to provide for the superannuation of employees of the said organisation; to amend section forty-one of the Coal Industry Nationalisation Act, 1946; and for purposes connected with the matters aforesaid. |
| Citation | 15 & 16 Geo. 6. & 1 Eliz. 2. c. 23 |
| Dates | |
| Royal assent | 30 April 1952 |
Status: Amended | |
| Text of statute as originally enacted | |
| Text of the Miners' Welfare Act 1952 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Miners' Welfare Act 1952 (15 & 16 Geo. 6. & 1 Eliz. 2. c. 23) dissolved the Miners' Welfare Commission.
| Coal Industry Act 1956 | |
|---|---|
| Act of Parliament | |
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| Long title | An Act to extend the power of the Minister of Fuel and Power to make advances to the National Coal Board for capital purposes; and to alter the financial year of the National Coal Board. |
| Citation | 4 & 5 Eliz. 2. c. 61 |
| Dates | |
| Royal assent | 2 August 1956 |
The Coal Industry Act 1956 (4 & 5 Eliz. 2. c. 61).
| Coal Industry Act 1965 | |
|---|---|
| Act of Parliament | |
| |
| Long title | An Act to make provision with respect to borrowing by, and loans by the Minister of Power to, the National Coal Board; with respect to the capital reconstruction, and the application of certain funds, of that Board; for the making of grants with the object of accelerating the redeployment of the manpower resources of that Board and the elimination of uneconomic colliery capacity; with respect to pensions or compensation for certain persons who have been members of that Board; and for connected purposes. |
| Citation | 1965 c. 82 |
| Dates | |
| Royal assent | 22 December 1965 |
Status: Amended | |
| Text of statute as originally enacted | |
| Text of the Coal Industry Act 1965 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Coal Industry Act 1965 (c. 82) made provision for borrowing by, and loans by the Minister of Power to, the National Coal Board.
| Mines (Working Facilities and Support) Act 1966 | |
|---|---|
| Act of Parliament | |
| |
| Long title | An Act to consolidate Part I of the Mines (Working Facilities and Support) Act 1923 and certain enactments amending the said Part I. |
| Citation | 1966 c. 4 |
| Dates | |
| Royal assent | 10 March 1966 |
Status: Amended | |
| Text of statute as originally enacted | |
| Text of the Mines (Working Facilities and Support) Act 1966 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Mines (Working Facilities and Support) Act 1966 (c. 4) consolidated Part I of the Mines (Working Facilities and Support) Act 1923.
The Coal Industry Act 1971 (c. 16) extended the powers of the National Coal Board.
The Coal Industry Act 1977 (c. 39) amended the financial powers of the National Coal Board.
The Coal Industry Act 1987 (c. 3) changed the name of the National Coal Board to the British Coal Corporation.
The Coal Industry Act 1990 (c. 3) made new provision for grants by the Secretary of State to the British Coal Corporation.
The Coal Industry Act 1994 (c. 21) established the functions of a new body the Coal Authority; restructured the coal industry, transferred the property, rights and liabilities of the British Coal Corporation and its wholly owned subsidiaries; and made provision for the dissolution of the corporation; abolished the Domestic Coal Consumers’ Council.
References
- "Coal Industry Nationalisation Act 1946". legislation.gov.uk. Retrieved 23 November 2017.
- Kelf-Cohen, Reuben (1973). British Nationalisation 1945–1973. London: Macmillan. pp. 19–20. ISBN 0333136543.
- Williams, Trevor I. (1981). A History of the British Gas Industry. Oxford: Oxford University Press. pp. 106–7. ISBN 0198581572.
- Campbell, John (2010). Pistols at Dawn: Two Hundred Years of Political Rivalry from Pitt and Fox to Blair and Brown. London: Vintage. p. 199. ISBN 978-1-84595-091-0. OCLC 489636152.