Coal Industry Act 1994

67 Amendments, transitional provisions, savings and repeals.U.K.

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

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

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

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

(c)in respect of any reference in that Act or subordinate legislation to any enactment repealed or amended by this Act; or

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

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

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

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

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

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

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

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

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

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

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

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

(7)The transitional provisions and savings contained in Schedule 10 to this Act shall have effect; and those provisions and savings shall be without prejudice to sections 16 and 17 of the M1Interpretation Act 1978 (effect of repeals).

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