Interpretation
2.—(1) In these Regulations, unless the context otherwise requires–
“the 1954 Act” means the Mines and Quarries Act 1954(1);
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“appoint” in relation to a person means appoint in writing with a written statement summarising his responsibilities and authority and “appointed” and “appointment” shall be construed accordingly;
“approved” means approved for the time being in writing by the Executive and “approve” and “approval” shall be construed accordingly;
“certificate of qualification” means a certificate issued under regulation 18;
“covered accommodation” means the covered accommodation provided in pursuance of regulation 36(1);
“employer” includes the owner if he employs persons at work at the mine;
“the Executive” means the Health and Safety Executive;
“firedamp” means any flammable mixture of gases, or any flammable gas, naturally occurring in a mine;
“maintained” with respect to plant and equipment means maintained in relation to any matter which it is reasonably foreseeable will adversely affect the health and safety of any person in an efficient state, in efficient working order and in good repair;
“management structure” has the meaning attached to it by regulation 10;
“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; and
“owner” in relation to a mine means the person who is for the time being entitled to work it.
(2) In these Regulations a person shall be suitably qualified for a particular position if he holds the qualifications, attested by a valid certificate of qualification, approved for that position under regulation 17(1) or, where no such qualification has been approved, he is suitably qualified by way of education, knowledge and experience to undertake the duties of that position effectively.
(3) 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.
(4) In these Regulations, unless the context otherwise requires–
(a)a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
(b)a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.
1954 c. 70, extended by the Mines and Quarries (Tips) Act 1969 (c. 10) and the Mines Management Act 1971 (c. 20); relevant amending instruments are S.I. 1974/2013 and S.I. 1976/2063.