Mines and Quarries Act 1954

Part XV E+W+S Miscellaneous and General

Supplementary Provisions E+W+S

F1 168 Division of mines. E+W+S

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Textual Amendments

F1 S. 168 repealed (1.10.1993) by S.I. 1993/1897, reg. 41(1), Sch. 3 Pt. I.

F2 169 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F2 S. 169 repealed (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. I

F3 170 Provisions as to references upon notices served by inspectors. E+W+S

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Textual Amendments

F3 S. 170 repealed (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 3 Pt. 1 (with reg. 1(3))

F4 171 Provisions as to knowledge by officials, &c., of Welsh language. E+W+S

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Textual Amendments

F4 S. 171 repealed (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 3 Pt. 1 (with reg. 1(3))

172 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W+S

Textual Amendments

F5 Ss.172, 175, 177, 184(2)—(4), (6) repealed by S.I. 1974/2013, Sch. 1 Pt. I

173 Revocation and variation of orders and rules. E+W+S

Any power conferred by this Act to make a . . . F6 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 . . . F6 or rule.

Textual Amendments

F6 Words omitted by virtue of S.I. 1974/2013, Sch. 2 para. 15

F7 174 †Parliamentary control of orders, rules and regulations. E+W+S

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Textual Amendments

F7 S. 174 repealed (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 3 Pt. 1 (with reg. 1(3))

Modifications etc. (not altering text)

C1 Unreliable marginal note

175 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W+S

Textual Amendments

F8 Ss.172, 175, 177, 184(2)—(4), (6) repealed by S.I. 1974/2013, Sch. 1 Pt. I

176 Provisions as to exemptions, &c. E+W+S

(1) Any power conferred by this Act or regulations [F9 or health and safety regulations which expressly apply to all mines F10 . . ., any class of mines F10 . . . or a particular mine F10 . . .] on [F11 the 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 [F9 or such health and safety regulations] by [F11 the Health and Safety Executive] or an inspector may (subject to any express provision of this Act or regulations [F9 or 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

F9 Words inserted by S.I. 1974/2013, Sch. 2 para. 17

F10 Words in s. 176(1) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II

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

177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 E+W+S

Textual Amendments

F12 Ss.172, 175, 177, 184(2)—(4), (6) repealed by S.I. 1974/2013, Sch. 1 Pt. I

178 Expenses and receipts. E+W+S

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.

179 Application to the Crown. E+W+S

This Act shall apply to mines F13 . . . 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

F13 Words 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)

C2 S. 179 extended by Mines Management Act 1971 (c. 20), s. 3(1)

Interpretation E+W+S

[F14 180 Meaning of “mine” E+W+S

(1) This section defines “mine” for the purposes of this Act.

(2) “Mine” means an excavation or system of excavations (including all excavations to which a common system of ventilation is provided) made for the purpose of, or in connection with, the extraction, wholly or substantially by means involving persons working below ground, of—

(a) minerals (in their natural state or in solution or suspension), or

(b) mineral products.

(3) A mine is deemed to include so much of the surface (including buildings, structures or works on it) surrounding or adjacent to the shafts or outlets of the mine as is occupied with the mine for the purpose of, or in connection with—

(a) working the mine,

(b) the storage, treatment or preparation for sale, consumption or use of minerals or mineral products extracted from the mine, or

(c) the removal from the mine of minerals or mineral products extracted from it or of refuse from it.

(4) But a mine is not deemed to include premises in which a manufacturing process is carried on for a purpose other than—

(a) working the mine, or

(b) the preparation for sale of minerals extracted from the mine.

(5) Premises used to deposit refuse from a single mine and occupied exclusively by the owner of the mine are deemed to form part of the mine.

(6) Premises used to deposit refuse from two or more mines and occupied by the owner of one of the mines (either exclusively or jointly with the owner of the other or any of the others) are deemed to form part of whichever of the mines the Health and Safety Executive directs.

(7) A railway line serving one or more mines, other than a line falling within subsection (3) or belonging to a railway company, is deemed to form part of the mine or (if more than one) of whichever of the mines the Health and Safety Executive directs.

(8) A conveyor or aerial ropeway provided for the removal from a mine of minerals extracted from it, or of refuse from it, is deemed to form part of the mine.]

Textual Amendments

F14 S. 180 substituted (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 5 para. 1 (with reg. 1(3))

181 Meaning of “owner”. E+W+S

(1) Subject to the provisions of this section, in this Act the expression “owner” means, in relation to a mine F15 . . ., the person for the time being entitled to work it.

F16 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (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 F18 . . . 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 F18 . . ..

(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

F15 Words in s. 181(1) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II

F16 S. 181(2) repealed (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. I

F17 S. 181(3) repealed (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. I

F18 Words in s. 181(4) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II

182 General interpretation provisions. E+W+S

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “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 [F20 the Health and Safety Executive] or an inspector;

  (d)

  [F21 a prohibition or requirement imposed by or under health and safety regulations which expressly apply to all mines F22 . . ., any class of mine F22 . . . or a particular mine F22 . . . ]

  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;

• [F23 “health and safety regulations” has the meaning assigned by section 15(1) of the M1 Health 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;

• [F24 “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 F22 . . ., 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 F22 . . . 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 [F25 the Secretary of State];

• “notice” means a notice in writing;

• “parent” [F26 means 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 [F27 or 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 . . . F28 , 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 F29 . . .;

• “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.

F30 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of this Act—

[F31 (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32 (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

F19 Definition of “bodily injury” repealed by S.I. 1980/804, regs. 11, 12, Sch. 5 Pt. I

F20 Words substituted by virtue of S.I. 1974/2013, Sch. 2 para. 3

F21 Paragraph (d) inserted by S.I. 1974/2013, Sch. 2 para. 18(a)

F22 Words in s. 182(1) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II

F23 Definition inserted by S.I. 1974/2013, Sch. 2 para. 18 (b)

F24 Definition substituted by S.I. 1974/2013, Sch. 2 para. 18 (c)

F25 Words 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)

F26 S. 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.

F27 Definition amended by virtue of S.I. 1983/710, reg. 2 and 1989/635, reg. 33, Sch. 2 Pt. II para. 1(b)

F28 Words repealed by Transport Act 1962 (c. 46), Sch. 12 Pt. II

F29 Words in s. 182(1) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II

F30 S. 182(2) repealed (1.10.1993) by S.I. 1993/1897, reg. 41(1), Sch. 3 Pt. I.

F31 S. 182(3)(a) substituted (1.10.1993) by S.I. 1993/1897, reg. 41(2), Sch. 3 Pt. II.

F32 S. 182(3)(c) repealed (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. I

Modifications etc. (not altering text)

C3 S. 182(3) modified (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 5 para. 2 (with reg. 1(3))

Marginal Citations

M1 1974 c. 37.

183 Application of Act to training mines. E+W+S

(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.

Relationship of Factories Acts and this Act in case of certain premises E+W+S

F33 184 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F33 S. 184 repealed (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. I

Repeals, Savings, Transitional Provisions, &c. E+W+S

185 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34 E+W+S

Textual Amendments

F34 S. 185 repealed by Wages Act 1986 (c. 48, SIF 43:2), s. 32(2), Sch. 5 Pt. III

186 Repeal of s. 21 of 16 & 17 Geo. 5. c. 28. E+W+S

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)

C4 The 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.

F35 187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F35 S. 187 repealed (20.11.1993) by Coal Industry Act 1992 (c. 17), s. 3(3), Sch.Pt. II; S.I. 1993/2514, art.2.

188 Minor and consequential amendments of other enactments. E+W+S

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)

C5 The 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.

189 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36 E+W+S

Textual Amendments

F36 S. 189 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

190 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37 E+W+S

Textual Amendments

F37 S. 190, Schs. 1, 2 repealed by S.I. 1974/2013, Sch. 1 Pt. I

191 General savings. E+W+S

(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 M2 Coal 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 M3 said Act of 1911;

(d) any rule made under section fifty of the M4 said 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 M5 Coal 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.

F38 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The mention of particular matters in this section shall be without prejudice to the general application of [F39 sections 16(1) and 17(2)(a) of the M6 Interpretation Act 1978] with regard to the effect of repeals.

Textual Amendments

F38 S. 191(7) repealed (19.5.1997) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1997/1097, art. 3, Sch.

F39 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

M2 1911 c. 50.

M3 1911 c. 50.

M4 1911 c. 50.

M5 1911 c. 50.

M6 1978 c. 30.

192 Saving for persons managing certain small mines at commencement of this Act. E+W+S

A person who, immediately before the commencement of this Act, is, by virtue of subsection (3) of section two of the M7 Coal 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

M7 1911 c. 50.

193 Saving for common law rights of workmen, &c. E+W+S

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 F40 . . ..

Textual Amendments

F40 Words in s. 193 omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II

194 Commencement. E+W+S

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 [F41 section 13 of the M8 Interpretation 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 [F41 section 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

F41 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Modifications etc. (not altering text)

C6 S. 194 power of appointment conferred by s. 194 fully exercised: 1.1.1957 appointed by S.I. 1956/1530, art. 2

Marginal Citations

M8 1978 c. 30.

195 Short title and extent. E+W+S

(1) This Act may be cited as the M9 Mines and Quarries Act 1954.

(2) This Act shall not extend to Northern Ireland.

Marginal Citations

M9 1954. c. 70