1Managers' assistants.
(1)The owner of a mine of any such class or description as may be prescribed may appoint, in addition to the manager and any under-manager, one or more persons to assist the manager in the management and control of the mine by carrying out such duties as may be assigned to them by the manager; and in determining what officials and others require to be appointed by the manager under section 13 of the [1954 c. 70.] Mines and Quarries Act 1954 account shall be taken of activities undertaken in person by persons appointed under this subsection as if those activities were undertaken in person by the manager.
(2)Subject to the provisions of this section, a person appointed by the owner of a mine under subsection (1) above may, by written instructions given to him by the manager, be given (in relation either to the whole mine or to any specified part of it) such statutory responsibilities of the manager as may be specified in the instructions, and for the discharge of those responsibilities shall, subject to anything to the contrary in the instructions, have the same authority over other persons as the manager has; and any such instructions may be varied or cancelled by further written instructions so given, but not otherwise.
(3)In section 3(2) and (3) of the [1954 c. 70.] Mines and Quarries Act 1954 (which relate to the rights of a mine manager with respect to instructions given by or on' behalf of the owner) any reference to an under-manager shall include a manager's assistant; and sections 152, 155 and 164 of that Act, together with section 9 of the [1969 c. 10.] Mines and Quarries (Tips) Act 1969 (which relate to the liability of the manager of a mine and others for contraventions of the Mines and Quarries Acts 1954 and 1969 and of regulations etc.) shall apply to a manager's assistant at a mine as they apply to the manager.
In this subsection " manager's assistant" means a person having written instructions under subsection (2) above, but the references to a manager's assistant do not apply to any such person in relation to a matter or to a part of the mine to which those instructions do not extend.
(4)There shall be excepted from the statutory responsibilities that may be given to a person by instructions under subsection (2) above—
(a)responsibility for the making of any appointment; and
(b)responsibility for the giving of any notice under or by virtue of sections 116 to 118 of the Mines and Quarries Act 1954 (notification of accidents, dangerous occurrences and diseases); and
(c)responsibility for the making of transport rules or support rules, or of tipping rules within the meaning of the Mines and Quarries (Tips) Act 1969; and
(d)such other responsibilities as may be prescribed.
(5)Regulations may also provide that a person shall not be capable of being given, or having, by virtue of instructions under subsection (2) above, any statutory responsibilities specified in the regulations, unless he has such qualifications or satisfies such other conditions as may be prescribed; and where provision is so made by regulations, and a mine or any part thereof is worked, or any operations in a mine are carried on, by a contractor, then neither the contractor nor any person employed by him shall be capable of being given, or having, those statutory responsibilities, notwithstanding that he has the prescribed qualifications or satisfies the prescribed conditions.
(6)If any person, knowing that under subsection (5) above he is not capable of having a statutory responsibility of the manager, acts in the discharge of that responsibility as having been given to him by instructions under subsection (2), he shall be guilty of an offence.
(7)Where the manager of a mine gives any instructions under subsection (2) above, he shall forthwith send to the inspector for the district a copy of the instructions and, if they give any person any statutory responsibility or additional statutory responsibility, a notice giving such particulars with respect to his qualifications as may be specified by the Secretary of State; and if he fails so to do he shall be guilty of an offence.