Mines and Quarries Act 1954

Part IX E+W+S Records, Returns and Information

133 Form of official books and preservation and inspection of entries therein. E+W+S

(1) Every book which, in pursuance of this Act or regulations [F1 or health and safety regulations which expressly apply to all F2 . . . quarries, any class of F2 . . . quarry to which the F2 . . . quarry belongs or the F2 . . .quarry] is provided by the owner of a F2 . . . quarry for the purpose of the entry therein of any report, record or other item of information shall be in such form as [F3 the Health and Safety Executive] may direct.

(2) Every entry made in any such book as aforesaid or a copy of that entry shall be preserved until the expiration of three years after the date on which it was made or such other period (whether longer or shorter) as may be prescribed for an entry of any class and, until no longer required to be preserved, shall be kept at the office at the F2 . . . quarry to which it relates or at such other place as may be approved by an inspector and be open to inspection by, or by a person authorised in that behalf in writing by, any person employed at that F2 . . . quarry.

Textual Amendments

F1 Words inserted by S.I. 1974/2013, Sch. 2 para. 6

F2 Words in s. 133 repealed (1.10.1993) by 1993/1897, reg. 42, Sch. 4.

F3 Words substituted by virtue of S.I. 1974/2013, Sch. 2 para. 3

134 Records of certain appointments. E+W+S

Where an appointment is made—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) by the owner or a manager of a quarry in pursuance of regulations having effect by virtue of section one hundred and six of this Act;

the person making the appointment shall forthwith make a record thereof; and a record made in pursuance of this section shall be preserved until the expiration of twelve months after the ending of the appointment evidenced thereby and, until no longer required to be preserved, shall be kept at the office at the F5 . . . quarry to which that appointment is referable or at such other place as may be approved by an inspector and be open to inspection by, or by a person authorised in that behalf in writing by, any person employed at that F5 . . . quarry.

Textual Amendments

F4 S. 134(a) repealed (1.10.1993) by 1993/1897, reg. 42, Sch. 4.

F5 Words in s. 134 repealed (1.10.1993) by 1993/1897, reg. 42, Sch. 4.

135 Provision of copies of this Act and other instruments. E+W+S

At all times at which persons are employed at a F6 . . . quarry there shall be provided thereat or near thereto suitable covered accommodation wherein shall be provided a copy of this Act [F7 and of Part I of the M1 Mines and Quarries (Tips) Act 1969][F8 and of the M2 Health and Safety at Work etc. Act 1974] and of every such instrument as the following which is in force with respect to the F6 . . . quarry, namely, orders made under this Act, regulations [F8 health and safety regulations,] transport rules, support rules, [F7 tipping rules] any notice served under or by virtue of this Act [F8 or the Health and Safety at Work etc. Act 1974] by an inspector on the responsible person and any such rule regulating the conduct of persons as is mentioned in paragraph (b) of section eighty-nine of this Act; and all persons employed at the F6 . . . quarry shall be entitled to have access to that accommodation for the purpose of inspecting the documents hereby required to be provided therein.

Textual Amendments

F6 Words in s. 135 repealed (1.10.1993) by 1993/1897, reg. 42, Sch.4.

F7 Words inserted by Mines and Quarries (Tips) Act 1969 (c. 10), Sch. 1 para. 5

F8 Words inserted by S.I. 1974/2013, Sch. 2 para. 7

Modifications etc. (not altering text)

C1 S. 135 extended by Mines Management Act 1971 (c. 20), s. 3(3)

Marginal Citations

M1 1969 c. 10.

M2 1974 c. 37.

136 Posting of notices E+W+S

(1) At all times at which persons are employed at a F9 . . . quarry there shall be kept posted thereat—

(a) a notice of the name of the F9 . . . quarry, the name and address of the owner thereof and the name or names of the manager or managers thereof;

(b) a notice of the name and address of the inspector for the district; and

(c) a notice specifying the situation of the accommodation provided in pursuance of the last foregoing section.

(2) Where, in the case of a F9 . . . quarry,—

(a) regulations affecting it are made; or

(b) a notice is served under or by virtue of this Act by an inspector on the responsible person;

notice of the making of the regulations or, as the case may be, of the service of the notice (specifying the regulations or, as the case may be, indicating the general nature of the notice) shall be kept posted at the F9 . . .quarry at all times during the period of six months next following the making or service of the regulations or notice at which persons are employed at the F9 . . . quarry

(3) All notices required by this section to be posted at a F9 . . . quarry shall be posted in such characters and in such positions as to be easily seen and read by the persons employed thereat, and if a form is specified by [F10 the Health and Safety Executive] for any such notice, it shall be posted in that form.

Textual Amendments

F9 Words in s. 136 repealed (1.10.1993) by S.I. 1993/1897, regs. 1, 42, Sch.4.

F10 Words substituted by virtue of S.I. 1974/2013, Sch. 2 para. 3

137 Furnishing to workers of information with respect to this Act and orders and regulations thereunder. E+W+S

[F11 The Health and Safety Executive] may [F11 itself] prepare and designate for the purpose of the issue thereof in accordance with the following provisions of this section to persons of any class employed at mines or quarries, a book containing such information with respect to so much of this Act, orders made thereunder and regulations as in [F11 the Executives] opinion affects persons of that class, and such other information (if any) as it appears to [F11 the Executive] requisite or expedient to bring to the notice of such persons, or may approve for the purpose aforesaid any such book prepared by or on behalf of an owner of mines or quarries; and, where a book is for the time being designated or approved by virtue of this section for the purpose of the issue thereof to persons of any class, it shall, in the case of every mine and quarry, be the duty of the responsible person—

(a) to give (unless he has previously done so) a copy of that book to every person on any occasion on which, after the designation or approval of the book, he begins to be employed at that mine or quarry as a person of that class;

(b) to give, as soon as it is practicable to do so, a copy of that book to every person who, at the time at which it is designated or approved, is employed at that mine or quarry as a person of that class.

Textual Amendments

F11 Words substituted by virtue of S.I. 1974/2013, Sch. 2 para. 3

138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 E+W+S

Textual Amendments

F12 Ss. 81(2), 84(2), 91(2), 92, 96, 104, 106, 112(3), 114, 129, 138, 141(1)—(4), 142, 144, 145 repealed by S.I. 1974/2013, Sch. 1 Pt. I

139 Notification of beginning and ending of certain mining and quarrying operations. E+W+S

F13 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In any of the following events, namely, the beginning of operations for the purpose of opening a quarry, the abandonment of a quarry, the expiration of the period of twelve months beginning with the day on which a quarry was last worked for the purpose of getting minerals or products thereof and the resumption of the working of a quarry after the abandonment thereof or after the expiration of such a period as aforesaid, the owner of the quarry in question shall, within two weeks after the happening of that event, give notice thereof to the inspector for the district:

Provided that, where a quarry is abandoned after the day on which it was last worked for the purpose of getting minerals or products thereof but before the expiration of the period of twelve months beginning with that day, it shall not be necessary to give notice of the expiration of that period.

Textual Amendments

F13 S. 139(1) repealed (1.10.1993) by S.I. 1993/1897, reg. 41(1) Sch. 3 Pt. 1.

140 Notification of change of ownership or name of mine or quarry. E+W+S

(1) Where a change occurs—

(a) in the ownership of a F14 . . . quarry; or

(b) in the name of a F14 . . . quarry;

the owner shall, within two weeks after the change occurs, give to the inspector for the district a notice stating the particulars of the change.

(2) For the purposes of this section a name shall be deemed to be changed if the spelling thereof is altered.

Textual Amendments

F14 Words in s. 140 repealed (1.10.1993) by S.I. 1993/1897, reg. 42, Sch. 4.