Mines Act (Northern Ireland) 1969

6 Under-managers. N.I.

(1) For any mine there may be one or more under-managers and (subject to the following provisions of this section and to the following provisions of this Act) in the case of—

(a) a mine which, by virtue of the foregoing provisions of this Act, cannot lawfully be worked unless the manager thereof is none other than the holder of a first-class certificate of competency, being a mine whereof the manager is also the manager of another mine; and

(b) a mine (other than one falling within the foregoing paragraph), being a mine with respect to which there is for the time being in force a direction, given by[F1 the Executive] by notice served on the owner of the mine, that, on the ground of the size or condition of the mine or the system of working it being such as, in the opinion of[F1 the Executive], to render it inexpedient that it should be worked unless there is at least one under-manager, this paragraph shall apply to the mine;

the mine shall not be worked unless there is at least one under-manager.

(2) If[F1 the Executive] is satisfied with respect to any such mine as is mentioned in paragraph ( a) of subsection (1) that it is unnecessary to require the appointment of an under-manager for the mine,[F1 the Executive] may, by notice served on the owner of the mine, direct that so much of that subsection as prohibits the mine's being worked without there being at least one under-manager shall not have effect with respect to the mine.

(3) The jurisdiction of an under-manager of a mine may be limited to part of the mine, but a mine the working whereof is unlawful unless there is at least one under-manager shall not be worked unless every part thereof below ground is within the jurisdiction of the under-manager or (where there are two or more under-managers) some one of them.

(4) It shall be the duty of an under-manager of a mine, to the extent of his jurisdiction thereover, to supervise all operations carried on thereat and, to the best of his ability, to execute and enforce with respect to the mine the provisions of this Act, orders made thereunder and regulations.

(5) No mine of coal, stratified ironstone, shale or fireclay (being a mine which, by virtue of the foregoing provisions of this Act, cannot lawfully be worked unless the manager thereof is none other than the holder of a first-class certificate of competency) shall be worked so long as a person is under-manager thereof who does not satisfy the following conditions, namely, that he is the holder of a first-class or second-class certificate of competency valid with respect to the mine, that he has attained the age of twenty-three years and that he satisfies such other conditions, if any, as may be prescribed; and provision may be made by regulations for requiring that no mine (other than as aforesaid) shall be worked so long as a person is under-manager thereof who does not satisfy such conditions as may be prescribed.

(6) An under-manager of a mine shall be appointed by the owner thereof.

F1 SR 1999/150