Office of Public Sector Information

Part XV Miscellaneous and General

Supplementary Provisions

F1168 Division of mines

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F1169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

170 Provisions as to references upon notices served by inspectors

(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 F1. . ., 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:

(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 F2. . . 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.

171 Provisions as to knowledge by officials, &c., of Welsh language

Where the natural language of communication of the persons employed at a mine F1. . . 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 F1. . ., regard shall be had to the possession of a knowledge of that language.

172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

173 Revocation and variation of orders and rules

Any power conferred by this Act to make a . . . F1 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 . . . F1 or rule.

[F1174†Parliamentary control of orders, rules and regulations

(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.]

175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

176 Provisions as to exemptions, &c

(1)Any power conferred by this Act or regulations [F1or health and safety regulations which expressly apply to all mines F2. . ., any class of mines F2. . . or a particular mine F2. . .] on [F3the 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 [F1or such health and safety regulations] by [F3the Health and Safety Executive] or an inspector may (subject to any express provision of this Act or regulations [F1or 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.

177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

178 Expenses and receipts

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

This Act shall apply to mines F1. . . 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.

Interpretation

180 Meaning of “mine” and “quarry”

[F1(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.]

F2(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

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provided that there shall not, for the said purposes, be deemed to form part of a mine F4. . . premises in which a manufacturing process is carried on otherwise than for the purpose of the working of the mine F4. . . 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 F5. . ., being premises exclusively occupied by the owner of that mine F5. . ., shall be deemed to form part of that mine F5. . ., and premises for the time being used for depositing refuse from two or more mines F5. . ., being premises occupied by the owner of one of those mines F5. . . (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 F5. . . as [F6the Health and Safety Executive] may direct.

(5)For the purposes of this Act a railway line serving a single mine F7. . . (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 F7. . . and a railway line jointly serving two or more mines F7. . . (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 [F6the 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 F8. . . of minerals gotten therefrom or refuse therefrom shall be deemed to form part of the mine F8. . ..

181 Meaning of “owner”

(1)Subject to the provisions of this section, in this Act the expression “owner” means, in relation to a mine F1. . ., the person for the time being entitled to work it.

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(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 F4. . . 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 F4. . ..

(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.”

182 General interpretation provisions

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

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• “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 [F2the Health and Safety Executive] or an inspector;

[F3(d)a prohibition or requirement imposed by or under health and safety regulations which expressly apply to all mines F4. . ., any class of mine F4. . . or a particular mine F4. . .]

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;

• [F5“health and safety regulations” has the meaning assigned by section 15(1) of the M1Health 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;

• [F6“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 F4. . ., 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 F4. . . 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 [F7the Secretary of State];

• “notice” means a notice in writing;

• “parent” [F8means 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 [F9or 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 . . . F10, 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 F11. . .;

• “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.

F12(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)For the purposes of this Act—

[F13(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.]

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(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.