. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 168 repealed (1.10.1993) by S.I. 1993/1897, reg. 41(1), Sch. 3 Pt. I.
Textual Amendments
F2S. 169 repealed (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. I
(1)The following provisions of this section shall apply in relation to any notice served under any provision of this Act or regulations by an inspector on the owner or manager of a mine F3. . ., being a notice which is expressly declared to be one to which the provisions of this Part of this Act with respect to references upon notices served by inspectors are to apply.
(2)If the person on whom any such notice is served or, in a case where it is served on two or more persons, any of them, by a counter-notice duly served on the inspector who served the notice demands a reference upon the notice, it shall stand referred to a person or persons selected by the nominated selector (as hereinafter defined) from amongst the members of that one of the panels of persons appointed by the Minister under this section which is appropriate to the circumstances of the case:
Provided that, if the said selector is satisfied that special reasons exist which render it expedient for him to act as referee instead of a person or persons selected as aforesaid, he may direct that the notice shall stand referred to him.
(3)On a reference under this section upon any such notice, any of the following persons may appear in person or be represented, and may give evidence and call such witnesses as he thinks fit, that is to say:—
(a)any person on whom the notice was served;
(b)any inspector;
(c)any association or body representative of a majority of the total number of persons employed at the mine F4. . . to which the notice relates;
(d)any other persons appearing to the referee or referees to be affected by the notice or any association or body representative of any such persons.
(4)The following provisions shall have effect with respect to the quashing or confirmation of any such notice upon a reference thereon under this section, namely,—
(a)if no relevant ground of objection to the notice is established to the satisfaction of the referee or referees, he or they shall confirm the notice;
(b)if a relevant ground of objection is so established, the referee or referees shall quash the notice unless he or they is or are of opinion that the objection can be met by modification of the notice, in which case the referee or referees shall confirm the notice subject to such modification as appears to him or them to meet the objection;
and where the notice is confirmed subject to any modification it shall take effect as modified.
(5)For the purposes of the last foregoing subsection—
(a)in the case of any such notice served under a provision of this Act (other than subsection (3) of section one hundred and sixty-eight), any of the following grounds which are appropriate to the circumstances of the case shall be a relevant ground of objection, namely,—
(i)that compliance with a prohibition, restriction or requirement sought to be imposed by or by virtue of the notice is, wholly or to a particular extent, unnecessary, inadvisable for reasons of safety or impracticable;
(ii)that any period limited by the notice is insufficient for the purpose of enabling any works to be executed or other thing done;
(b)in the case of a notice served under the said subsection (3), the relevant ground of objection shall be that the division of the mine to which the notice relates neither prejudices nor is likely to prejudice the safety or health of any of the persons employed at the mine;
(c)in the case of a notice served under any provision of regulations, the relevant ground or grounds of objection shall be such as may be prescribed.
(6)Save as otherwise expressly provided by this Act or regulations, any such notice shall not become operative in any event until the expiration of the period within which a reference thereon may be demanded under this section or, if within that period such a reference is so demanded, until the notice is confirmed by the referee or referees.
(7)The quashing under this section of any such notice shall neither be taken to prevent the service by an inspector of a fresh notice nor, if the notice became operative before it was quashed, affect the previous operation thereof.
(8)The Minister may—
(a)constitute such number as he thinks fit of panels of persons from whom referees may be selected for the purposes of references under this section and, as respects each panel, may designate the cases in which it is to be treated for the purposes of this section as the appropriate panel;
(b)make rules for regulating such references and, in particular, for making provision with respect to the costs of such references (including the payment of remuneration and allowances to referees) and for specifying the form of a counter-notice under subsection (2) of this section and the period within which such a notice must be served;
and different periods may be specified by rules under paragraph (b) of this subsection in relation to the service of counter-notices relating to notices served under different provisions of this Act or regulations.
(9)The reference in subsection (2) of this section to the nominated selector shall be construed as referring to such person as may for the time being be nominated by the Minister, after consultation with the Lord Chancellor and the Lord President of the Court of Session, to discharge the duty of selecting referees to act upon references under this section.
Textual Amendments
F3Words in s. 170(1) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II
F4Words in s. 170(3)(c) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II
Where the natural language of communication of the persons employed at a mine F5. . . or of a substantial number of those persons is Welsh, then, in considering the qualifications of candidates for appointments required, by or by virtue of this Act, to be made in the case of that mine F5. . ., regard shall be had to the possession of a knowledge of that language.
Textual Amendments
F5Words in s. 171 omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II
Textual Amendments
F6Ss.172, 175, 177, 184(2)—(4), (6) repealed by S.I. 1974/2013, Sch. 1 Pt. I
Any power conferred by this Act to make a . . . F7 a rule shall be construed as including a power, exercisable in the like manner and subject to the like conditions, if any, to revoke or vary the . . . F7 or rule.
Textual Amendments
F7Words omitted by virtue of S.I. 1974/2013, Sch. 2 para. 15
(1)The power conferred by section 170(8)(b) of this Act on the Secretary of State to make rules shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2)The provisions of section 50 of the M1Health and Safety at Work etc. Act 1974 shall apply to the power mentioned in the preceding paragraph as they apply to a power to make regulations.]
Textual Amendments
F8S. 174 substituted by S.I. 1974/2013, Sch. 2 para. 16
Modifications etc. (not altering text)
C1Unreliable marginal note
Marginal Citations
Textual Amendments
F9Ss.172, 175, 177, 184(2)—(4), (6) repealed by S.I. 1974/2013, Sch. 1 Pt. I
(1)Any power conferred by this Act or regulations [F10or health and safety regulations which expressly apply to all mines F11. . ., any class of mines F11. . . or a particular mine F11. . .] on [F12the Health and Safety Executive] or an inspector to grant, give or impose an exemption, consent, approval, authority, direction, requirement, prohibition or restriction or to make a determination shall be construed as including a power exercisable in the like manner and subject to the like conditions, if any, to vary or revoke the exemption, consent, approval, authority, direction, requirement, prohibition, restriction or determination.
(2)Any exemption, consent, approval or authority granted or given under this Act or regulations [F10or such health and safety regulations] by [F12the Health and Safety Executive] or an inspector may (subject to any express provision of this Act or regulations [F10or such health and safety regulations)] be without limit of period or limited so as to expire on a specified date unless renewed, and may be absolute or conditional.
Textual Amendments
F10Words inserted by S.I. 1974/2013, Sch. 2 para. 17
F11Words in s. 176(1) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II
F12Words substituted by virtue of S.I. 1974/2013, Sch. 2 para. 3
Textual Amendments
F13Ss.172, 175, 177, 184(2)—(4), (6) repealed by S.I. 1974/2013, Sch. 1 Pt. I
Any expenses incurred under or by virtue of this Act by the Minister shall be defrayed out of moneys provided by Parliament and any sums received under or by virtue of this Act by the Minister shall be paid into the Exchequer.
This Act shall apply to mines F14. . . belonging to Her Majesty in right of the Crown or to a Government department or held in trust for Her Majesty for the purposes of a Government department.
Textual Amendments
F14Words in s. 179 omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II
Modifications etc. (not altering text)
C2S. 179 extended by Mines Management Act 1971 (c. 20), s. 3(1)
[F15(1)In this Act the expression “mine” means an excavation or system of excavations, including all such excavations to which a common system of ventilation is provided, made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals.]
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)For the purposes of this Act—
(a)there shall be deemed to form part of a mine so much of the surface (including buildings, structures and works thereon) surrounding or adjacent to the shafts or outlets of the mine as is occupied together with the mine for the purpose of, or in connection with, the working of the mine, the treatment, preparation for sale, consumption or use, storage or removal from the mine of the minerals or products thereof gotten from the mine or the removal from the mine of the refuse thereof; and
F16(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provided that there shall not, for the said purposes, be deemed to form part of a mine F17. . . premises in which a manufacturing process is carried on otherwise than for the purpose of the working of the mine F17. . . or the preparation for sale of minerals gotten therefrom.
(4)For the purposes of this Act premises for the time being used for depositing refuse from a single mine F18. . ., being premises exclusively occupied by the owner of that mine F18. . ., shall be deemed to form part of that mine F18. . ., and premises for the time being used for depositing refuse from two or more mines F18. . ., being premises occupied by the owner of one of those mines F18. . . (either exclusively or jointly with the owner of the other or any of the others) shall be deemed to form part of such one of those mines F18. . . as [F19the Health and Safety Executive] may direct.
(5)For the purposes of this Act a railway line serving a single mine F20. . . (not being a railway line falling within subsection (3) of this section or a railway line belonging to a railway company) shall be deemed to form part of that mine F20. . . and a railway line jointly serving two or more mines F20. . . (not being a railway line falling within subsection (3) of this section or a railway line belonging to a railway company) shall be deemed to form part of such one of them as [F19the Health and Safety Executive] may direct.
(6)For the purposes of this Act a conveyor or aerial ropeway provided for the removal from a mine F21. . . of minerals gotten therefrom or refuse therefrom shall be deemed to form part of the mine F21. . ..
Textual Amendments
F15S. 180(1) substituted (1.10.1993) by S.I. 1993/1897, regs. 1, 41(2), Sch. 3 Pt. II.
F16S. 180(3)(b) repealed (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. I
F17Words in s. 180(3) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II
F18Words in s. 180(4) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II
F19Words substituted by virtue of S.I. 1974/2013, Sch. 2 para. 3
F20Words in s. 180(5) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II
F21Words in s. 180(6) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II
(1)Subject to the provisions of this section, in this Act the expression “owner” means, in relation to a mine F22. . ., the person for the time being entitled to work it.
F23(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Where the business of a person who, by virtue of the foregoing provisions of this section is, for the purposes of this Act, to be taken to be owner of a mine F25. . . is carried on by a liquidator, receiver or manager, or by some other person authorised to carry it on by an order of a court of competent jurisdiction, the liquidator, receiver, manager or other person shall be taken for the purposes of this Act to be an additional owner of the mine F25. . ..
(5)This section shall, in its application to Scotland, have effect as if, for subsection (3), there were substituted the following subsection:—
“(3)Where two or more persons are entitled to work a quarry independently, and one of them has granted the right so to do to the other or others, that one shall, to the exclusion of the other or others, be taken for the purposes of this Act to be the owner of the quarry.”
Textual Amendments
F22Words in s. 181(1) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II
F23S. 181(2) repealed (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. I
F24S. 181(3) repealed (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. I
F25Words in s. 181(4) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II
(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
“central rescue station” has the meaning assigned to it by section seventy-two of this Act;
“contravention” includes, in relation to—
(a)a provision of this Act, of an order made thereunder or of regulations; or
(b)a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by an inspector; or
(c)a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by [F27the Health and Safety Executive] or an inspector;
[F28(d)a prohibition or requirement imposed by or under health and safety regulations which expressly apply to all mines F29. . ., any class of mine F29. . . or a particular mine F29. . .]
a failure to comply with the provision, direction, prohibition, restriction, requirement or condition, and the expression “contravene” shall be construed accordingly:
“gas” includes fume or vapour;
“gravity operated rope haulage apparatus” means rope haulage apparatus worked solely by the action of gravity on a vehicle or vehicles attached to a rope forming part of the apparatus;
“gravity operated winding apparatus” means winding apparatus worked solely by the action of gravity on a part of it in which a load is carried;
[F30“health and safety regulations” has the meaning assigned by section 15(1) of the M2Health and Safety at Work etc. Act 1974]
“inset” means, in relation to a shaft or outlet of a mine, a heading, chamber or other space driven or excavated from the shaft or outlet, being a heading, chamber or space to which access can only be had from the shaft or outlet and not being a heading, chamber or space the sole or main purpose of the driving or excavation of which is the getting of minerals or products of minerals;
[F31“inspector” means an inspector appointed by the Health and Safety Executive under section 19 of the Health and Safety at Work etc. Act 1974 and references in any provision of this Act to the inspector for the district are references as respects a mine F29. . ., to the inspector so appointed for carrying into effect the provisions of the Mines and Quarries Acts 1954 to 1971 in the district in which the mine F29. . . is situated;]
“legal proceedings” includes arbitration;
“mechanically operated rope haulage apparatus” means rope haulage apparatus worked by a stationary engine;
“mechanically operated winding apparatus” means winding apparatus worked by a stationary engine;
“minerals” includes stone, slate, clay, gravel, sand and other natural deposits except peat;
“the Minister” means [F32the Secretary of State];
“notice” means a notice in writing;
“parent” [F33means a parent of a young person or any person who is not a parent of his but who has parental responsibility for him (within the meaning of the Children Act 1989) or who has parental responsibilities in relation to him (within the meaning of section 1(3) of the Children (Scotland) Act 1995), and includes], in relation to any young person, a person having direct benefit from his wages;
“period of employment” means the period (inclusive of the time allowed for meals and rest) within which a person may be employed on any day;
“permitted lights” means, in relation to a mine or a part of a mine, locked safety-lamps and any other means of lighting the use of which below ground in mines generally, in mines of a class to which that mine belongs or in that mine is authorised by regulations [F34or health and safety regulations];
“prescribed” has the meaning assigned to it by subsection (5) of section one hundred and forty-one of this Act;
“railway company” means any persons authorised by an enactment to construct, work or carry on a railway . . . F35, and for the purposes of this definition the expression “enactment” includes a provision of an order or scheme made under or confirmed by an Act;
“regulations”, “general regulations” and “special regulations” have the meanings respectively assigned to them by subsection (5) of section one hundred and forty-one of this Act;
“responsible person” means, in relation to a mine, the manager thereof F36. . .;
“road” does not include an unwalkable outlet;
“rope” includes chain;
“rope haulage apparatus” means apparatus for transporting loads in vehicles attached to ropes;
“safety-lamp mine” means a mine in no part of which below ground is the use of lamps or lights other than permitted lights lawful;
“safety-lamp part of a mine” means a part of a mine other than a safety-lamp mine, being a part below ground in which either the use of lamps or lights other than permitted lights is unlawful or safety-lamps are for the time being in use by way of temporary precaution;
“sanitary conveniences” includes urinals, water-closets, earth-closets, ash-pits, privies and any similar convenience;
“shaft” means a shaft the top of which is, or is intended to be, at the surface;
“staple-pit” includes winze;
“statutory responsibilities” means responsibilities under this Act, orders made thereunder and regulations;
“support rules” has the meaning assigned to it by subsection (1) of section fifty-four of this Act;
“transport rules” has the meaning assigned to it by subsection (1) of section thirty-seven of this Act;
“unwalkable outlet” means an outlet which, owing to the gradient thereof or of any part thereof (whether alone or in combination with other circumstances), persons cannot walk up with reasonable convenience;
“week” means the period between midnight on Saturday night and midnight on the succeeding Saturday night;
“winding apparatus” means, in relation to a mine shaft or staple-pit, apparatus for lowering and raising loads through the shaft or staple-pit;
“woman” means a woman who has attained the age of eighteen;
“young person” means a person who is over compulsory school age but has not attained the age of eighteen.
F37(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)For the purposes of this Act—
[F38(a)A mine shall be treated as being worked at any time when there are persons at work below ground or plant or equipment is in operation at the mine to maintain the safety of that mine or of any other mine or the operation of driving a shaft or outlet is being undertaken at the mine.]
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)References in this Act to the use of safety-lamps by way of temporary precaution shall, in relation to a mine, be construed as references to the occasional or intermittent use of locked safety-lamps by workmen employed below ground in the mine in a place in which the use of naked lights might be dangerous and, in relation to a part of a mine below ground, be construed as references to the occasional or intermittent use of locked safety-lamps by workmen employed in that part in such a place.
(5)References in this Act to any other enactment shall be construed as references to that enactment as amended, extended or applied by or under any subsequent enactment including, except where the context otherwise requires, this Act.
Textual Amendments
F26Definition of “bodily injury” repealed by S.I. 1980/804, regs. 11, 12, Sch. 5 Pt. I
F27Words substituted by virtue of S.I. 1974/2013, Sch. 2 para. 3
F28Paragraph (d) inserted by S.I. 1974/2013, Sch. 2 para. 18(a)
F29Words in s. 182(1) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II
F30Definition inserted by S.I. 1974/2013, Sch. 2 para. 18 (b)
F31Definition substituted by S.I. 1974/2013, Sch. 2 para. 18 (c)
F32Words substituted by virtue of S.I. 1957/48 (1957 I, p. 1439), 1969/1498, arts. 2(1), 5(6), and 1970/1537, arts. 2(2), 7(4)
F33S. 182(1): words in definition of “parent” substituted (1.11.1996) by virtue of 1995 c. 36, s. 105(4), Sch. 4 para. 8 (with s. 103(1)); S.I. 1996/2203, art. 3, Sch.
F34Definition amended by virtue of S.I. 1983/710, reg. 2 and 1989/635, reg. 33, Sch. 2 Pt. II para. 1(b)
F35Words repealed by Transport Act 1962 (c. 46), Sch. 12 Pt. II
F36Words in s. 182(1) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II
F37S. 182(2) repealed (1.10.1993) by S.I. 1993/1897, reg. 41(1), Sch. 3 Pt. I.
F38S. 182(3)(a) substituted (1.10.1993) by S.I. 1993/1897, reg. 41(2), Sch. 3 Pt. II.
F39S. 182(3)(c) repealed (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. I
Marginal Citations
(1)For the purposes of this Act an excavation or system of excavations made for training purposes shall be deemed to be a mine, and the use for those purposes of any premises which are a mine as defined by subsection (1) of section one hundred and eighty of this Act or are, by virtue of this section, deemed to be a mine shall be deemed, for the purposes of this Act, to constitute the working of the mine; but the Minister may by order direct that this Act shall, in its application to any such premises as aforesaid which are used exclusively for training purposes, have effect subject to such exceptions, adaptations and modifications as may be specified in the order.
(2)In this section the expression “training purposes” means the purposes of instructing or training below ground persons in, or in any work connected with, mining minerals.
Textual Amendments
F40S. 184 repealed (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. I
Textual Amendments
F41S. 185 repealed by Wages Act 1986 (c. 48, SIF 43:2), s. 32(2), Sch. 5 Pt. III
Section twenty-one of the Mining Industry Act, 1926 (which enablesprovision to be made for the establishment of joint committees forcoal mines) shall cease to have effect.
Modifications etc. (not altering text)
C3The text of s. 186, 188 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Textual Amendments
F42S. 187 repealed (20.11.1993) by Coal Industry Act 1992 (c. 17), s. 3(3), Sch.Pt. II; S.I. 1993/2514, art.2.
The enactments specified in the Fourth Schedule to this Act shall haveeffect subject to the amendments respectively specified in relationthereto in that Schedule (being minor amendments and amendmentsconsequential on the provisions of this Act).
Modifications etc. (not altering text)
C4The text of s. 186, 188 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Textual Amendments
F43S. 189 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
Textual Amendments
F44S. 190, Schs. 1, 2 repealed by S.I. 1974/2013, Sch. 1 Pt. I
(1)Nothing in this Act shall affect—
(a)any special regulation made under an enactment repealed by this Act;
(b)any rule made by the Mining Qualifications Board constituted under the M3Coal Mines Act 1911;
(c)any order with respect to fees, notification of accidents or the manner in which persons are to be searched, being an order made under an enactment repealed by this Act or by the M4said Act of 1911;
(d)any rule made under section fifty of the M5said Act of 1911; or
(e)any certificate issued, exemption, consent, approval, permission or authority granted or any other thing done under an enactment repealed by this Act;
but any such regulation, rule or order so made or any certificate, exemption, consent, approval, permission, authority or thing so issued, granted or done shall, if in force at the commencement of this Act and so far as it could have been made, issued, granted or done under this Act, have effect as if it had been so made, issued, granted or done.
(2)Nothing in this Act shall affect any special rule established under an enactment repealed by this Act, but any such rule so established shall, if in force at the commencement of this Act and so far as it could, had it been a regulation, have been made under this Act, have effect as if it had been a regulation so made.
(3)Any document referring to any Act or enactment repealed by this Act shall be construed as referring to this Act or the corresponding enactment in this Act.
(4)Any inquiry or formal investigation under section eleven or eighty-three of the M6Coal Mines Act 1911, which is uncompleted at the commencement of this Act may be carried on and completed in all respects as if this Act had not passed.
(5)Any person holding office or acting or serving under or by virtue of an enactment repealed by this Act shall continue to hold office or to act or serve as if he had been appointed under or by virtue of the corresponding enactment in this Act.
(6)Any register kept under an enactment repealed by this Act shall be deemed part of the register to be kept under the corresponding enactment in this Act.
F45(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)The mention of particular matters in this section shall be without prejudice to the general application of [F46sections 16(1) and 17(2)(a) of the M7Interpretation Act 1978] with regard to the effect of repeals.
Textual Amendments
F45S. 191(7) repealed (19.5.1997) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1997/1097, art. 3, Sch.
F46Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)
Marginal Citations
A person who, immediately before the commencement of this Act, is, by virtue of subsection (3) of section two of the M8Coal Mines Act 1911, exercising and performing, in relation to a mine of coal, stratified ironstone, shale or fireclay then exempt from the provisions of that section, the powers and duties conferred and imposed by that Act on the manager of a mine, may be manager of that mine or another mine of coal, stratified ironstone, shale or fireclay at any time at which the number of persons employed below ground in the mine does not exceed thirty and no direction is in force with respect to the mine under paragraph (b) of subsection (2) of section four of this Act or under subsection (3) of that section, notwithstanding that he does not possess the qualifications required by this Act for appointment as manager thereof.
Marginal Citations
No provision of this Act, of any order made thereunder or of regulations shall be construed as derogating from any rule of law with respect to the duties owed by masters to their servants (including, in particular, but without prejudice to the generality of the foregoing words, the duty to provide a safe system of working), and section one of this Act shall not be construed as derogating from any obligation imposed by or by virtue of any other provision of this Act upon the owner of a mine F47. . ..
Textual Amendments
F47Words in s. 193 omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II
This Act, except sections one hundred and seventy-two and one hundred and ninety thereof, shall come into operation on such day as the Minister may by order appoint, and those sections shall come into operation on the passing of this Act; and for the purposes of this Act and of the application thereto of [F48section 13 of the M9Interpretation Act 1978] (which relates to the exercise of statutory powers between the passing and the commencement of an Act references to the commencement of this Act shall, notwithstanding the provisions of [F48section 4 of the said Act of 1978] with respect to the construction of the expression “commencement”, be construed as references to the time at which this Act, except the said sections one hundred and seventy-two and one hundred and ninety, comes into operation.
Textual Amendments
F48Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)
Modifications etc. (not altering text)
C5S. 194 power of appointment conferred by s. 194 fully exercised: 1.1.1957 appointed by S.I. 1956/1530, art. 2
Marginal Citations
(1)This Act may be cited as the M10Mines and Quarries Act 1954.
(2)This Act shall not extend to Northern Ireland.
Marginal Citations
M101954. c. 70