HC Deb 09 February 1995 vol 254 cc351-2W
Mr. Hood

To ask the President of the Board of Trade (1) if he consulted local government planning authorities when preparing the restructuring scheme in the Coal Industry Act 1994;

(2) what considerations he gave to the interests of local planning authorities when including schedule 2 in the Coal Industry Act 1994; and if he will make a statement.

Mr. Charles Wardle

When the Bill was introduced, the Department made widely available to interested parties, including to all those mineral planning authorities which expressed an interest, general guidance on its privatisation proposals.

The restructuring powers under the Coal Industry Act 1994 provide for the transfer of existing property, rights and liabilities of British Coal to successor companies to enable privatisation to take place. The powers are general in nature to deal with many different forms of property, rights and liabilities which had to be transferred.

Mr. Hood

To ask the President of the Board of Trade if Clydesdale district council made representations to Her Majesty's Government before the Coal Industry Act 1994 in respect of the dangers of transferring personal planning consent to the new coal owners without first referring it to the local planning authority.

Mr. Charles Wardle

Her Majesty's Government received no such representation before or during the passage of the Act. Representations on the matter were made to my officials by the district council in October 1994.

Mr. Hood

To ask the President of the Board of Trade what considerations led Her Majesty's Government to allow full discretion of schedule 2 to the Coal Industry Act 1994 to treat the transferee as the same person in law as the British Coal Corporation; and if he will make a statement.

Mr. Charles Wardle

To ensure that the ongoing operations of British Coal could continue without disruption on transfer to a successor company, it was necessary for the transferee to be treated as the same person in law as the British Coal Corporation.

Mr. Hood

To ask the President of the Board of Trade if the Trade and Industry Minister in the House of Lords, Lord Strathclyde, was explaining Government policy when he said on 3 May 1994,Official Report, column 1056, that if a coal owner became bankrupt the Coal Authority would be responsible for any costs of restoring the site; and if he will make a statement.

Mr. Charles Wardle

My noble Friend made two salient points on a number of occasions: he drew attention to the important duty of the Coal Authority to secure so far as practicable, that operators are able to finance their operations and the discharge of associated liabilities, and he noted that where the Coal Authority is the owner of land, underground workings or coal reserves the associated responsibilities fall on its lessees or, where there is no lessee, on it.