The Mines (Safety of Exit) Regulations 1988

Regulation 12(3)

THE SCHEDULE MODIFICATIONS

1.  Section 48(1) of the Mines and Quarries Act 1954 (which relates to the safety of roads and working places) shall be modified as follows:—

• for “section thirty-three of this Act” substitute “regulation 8 of the Mines (Safety of Exit) Regulations 1988”.

2.  The Coal and Other Mines (Managers and Officials) Regulations 1956(1) shall be modified as follows:—

(a) in regulation 16 (which relates to a deputy’s duty to fence off dangerous places) for “section thirty-three of the Act” substitute “regulation 8 of the Mines (Safety of Exit) Regulations 1988”;

(b) in regulation 20 (which relates to a deputy’s duty to be acquainted with ways leading to exits) for “of egress therefrom or from any place therein” substitute “each leading to a different exit” and for “section twenty-four of the Act” substitute “regulation 7(1) of the Mines (Safety of Exit) Regulations 1988” and after “from the district” for “and from any such place” substitute “and from every place where a person works”; so that regulation 20 now reads—

“20.   A deputy to whom any district is assigned (otherwise than during the temporary absence of another deputy) shall, where not less than two ways, each leading to a different exit are required under regulation 7(1) of the Mines (Safety of Exit) Regulations 1988 forthwith make himself acquainted with two such ways from the district and from every place where a person works therein, and shall thereafter travel along the whole of each of them once at least in each month during which that district is assigned to him.”

3.  The Mines (Emergency Egress) Regulations 1973(2) shall be modified as follows:—

(a) in regulation 5, (which relates to the use of gravity winding apparatus) in paragraph (1) for “scheme” substitute “rules”; for “these regulations” substitute “regulation 4(2) of the Mines (Safety of Exit) Regulations 1988”; for “1960 Regulations” substitute “Coal and Other Mines (Shafts, Outlets and Roads) Regulations 1960”(3). In paragraph (2) for “1960 Regulations” substitute “Coal and Other Mines (Shafts, Outlets and Roads) Regulations 1960” and for “scheme” substitute “rules”; so that regulation 5 now reads—

“Use of gravity winding apparatus

5.— (1) Any rules made under regulation 4(2) of the Mines (Safety of Exit) Regulations 1988 for a mine of coal, stratified ironstone, shale or fireclay may provide for the use of gravity operated winding apparatus notwithstanding the provisions of regulations 6, 15(3) and 51(1) of the Coal and Other Mines (Shafts, Outlets and Roads) Regulations 1960 or any provisions of any special regulations in force at the mine enabling persons to be carried without the use of keps.

(2) Regulation 7 of the Coal and Other Mines (Shafts, Outlets and Roads) Regulations 1960 shall not apply to any apparatus provided in pursuance of any such rules.”

(b) in regulation 6, for “scheme” substitute “rules” and for “these regulations” substitute “regulation 4(2) of the Mines (Safety of Exit) Regulations 1988”; so that regulation 6 now reads—

“6.   Where pursuant to any rules made under regulation 4(2) of the Mines (Safety of Exit) Regulations 1988 gravity operated winding apparatus is being used at a mine other than a mine of coal, stratified ironstone, shale or fireclay regulations 10(2) and 19(1) of the Miscellaneous Mines (General) Regulations 1956 shall not apply.”

4.  Paragraph 14 of Part II of Schedule 1 to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985(4) (which relates to the use of emergency escape apparatus) shall be modified as follows:—

• for the words from “any scheme made pursuant to” to the end substitute the words “regulation 4 of the Mines (Safety of Exit) Regulations 1988 or where persons leave the mine when apparatus and equipment normally used by persons to leave the mine is unavailable”.

(1)

S.I. 1956/1758; the relevant amending instruments are S.I. 1961/817, 1962/594, 1963/1617, 1966/882, 1975/1102, and 1978/1648.

(2)

S.I. 1973/194.

(3)

S.I. 1960/69, to which there are amendments not relevant to these Regulations.

(4)

S.I. 1985/2023.