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STATUTORY INSTRUMENTS
1991No. 1225
COAL INDUSTRY
The Coal Industry (Restructuring Grants) Order 1991
Made
20th May 1991
Coming into force
23rd May 1991
The Secretary of State, in exercise of the powers conferred upon him
by section 3(2)(a), (3), (4)(a) and (6) of the Coal Industry Act 1987[1]
and with the approval of the Treasury, hereby makes the
following Order, a draft of which has been laid before the House of
Commons and has been approved by that House in accordance with section
3(10) of that Act:
1. This Order may be cited as the Coal Industry (Restructuring Grants)
Order 1991 and shall come into force on the third day after the day on
which it is made.
2. In this Order, unless the context otherwise requires—
"the 1991/92 financial year" means the financial year of the Corporation ending in March 1992;
"the Act" means the Coal Industry Act 1987;
"the Corporation" means the British Coal Corporation;
"chargeable costs" means costs which fall to be charged to a consolidated profit and
loss account of the Corporation and their subsidiaries prepared in
accordance with a direction given under section 8(1) of the Coal
Industry Act 1971[2]
for the 1991/92 financial year;
"employees" means employees of a relevant company;
"payments" means periodical or lump sum payments;
"relevant company" means the Corporation, their wholly-owned subsidiary National Fuel
Distributors Limited or their wholly-owned subsidiary British Coal
Enterprise Limited and the expression"relevant companies"
shall be construed accordingly;
and references to payments, contributions or expenditure are
references to payments, contributions or expenditure by a relevant
company.
3. The 1991/92 financial year shall be a specified financial year for
the purposes of section 3(4)(a) of the Act.
4. The kinds of expenditure specified in the Schedule to this Order
shall be specified kinds of expenditure for the purposes of section
3(2)(a) of the Act in relation to the 1991/92 financial year.
5. (1) The maximum amount which may be paid under section 3 of the Act
by way of grant in respect of the 1991/92 financial year in relation to
the kinds of expenditure specified under a Head in the Schedule is that
sum which represents 90 per cent. of—
(a) the relevant amount of costs specified in paragraph (2) below; or
(b) if a larger amount has been agreed in respect of those costs for
the purposes of section 3(2)(b) of the Act, that larger amount.
(2) For the purposes of paragraph (1)(a) above the relevant amount of
costs is—
(a) in the case of Heads 1, 2 and 5, the total amount of chargeable
costs of the relevant companies which are related to the kinds of
expenditure specified under the Head in question; and
(b) in the case of Head 6, the total amount of chargeable costs of the
Corporation's wholly-owned subsidiary British Coal Enterprise Limited
which are related to the kinds of expenditure specified under that Head
less the total amount of any chargeable costs of that subsidiary which
are related to the kinds of expenditure specified under Heads 1, 2 and
5.
6. The limit specified in section 3(6) of the Act (limit on the
aggregate of grants under section 3(1)) is increased from
£1,250 million to £1,500 million.
David Heathcoat-Amory
Parliamentary Under Secretary of State, Department of Energy
14th May 1991 We approve,
Sydney Chapman
Gregory Knight
Two of the Lords Commissioners of Her Majesty's Treasury
