PART IIIRESCUE GENERAL DUTIES
Effective arrangements for rescue
12.—(1) A mine shall not be worked unless the owner has made effective arrangements suitable for the mine both—
(a)for the rescue of persons from the mine; and
(b)for the carrying out of work necessary to secure the health and safety of persons below ground in the mine in an emergency situation.
(2) Without prejudice to the generality of paragraph (1)—
(a)every owner of a mine of a type described in regulation 3(2) shall—
(i)make effective arrangements to ensure that two rescue teams of five trained and fully equipped rescue team members are available to attend at the mine should an emergency situation requiring the use of breathing apparatus occur below ground at the mine;
(ii)make effective arrangements to ensure that the rescue teams referred to in head (i) are capable of reaching the mine within sixty minutes of being notified of such an emergency situation occurring below ground at the mine; and
(iii)secure that the rescue team members referred to in head (i) reach the mine within sixty minutes of being notified of such an emergency situation occurring below ground at the mine; and
(b)every owner of a mine of coal shall make effective arrangements to ensure that sufficient trained and fully equipped rescue team members are available as required to provide a continuous twenty-four hour rescue service following an emergency situation occurring below ground at the mine.
Mines of coal
13.—(1) Without prejudice to the provisions of regulation 12, a mine of coal shall not be worked unless the owner of the mine is a participant in a mine rescue scheme approved by the Executive.
(2) In paragraph (1), the reference to participating in a mine rescue scheme includes participating on terms so that the participants are entitled, in an emergency, to the services of persons with the expertise and equipment required for rescuing individuals from underground.
(3) The Executive shall only approve a mine rescue scheme if the scheme appears to the Executive to be such as secures that it is reasonably practicable for every owner of a mine of coal who is required to do so to participate, on reasonable terms, in the scheme.
(4) The Executive shall only give its approval to, or withdraw its approval from, a mine rescue scheme after it has consulted any persons whom it considers to be appropriate.
Inspection
14.—(1) The owner of every mine of coal shall make arrangements—
(a)for any person designated under the relevant mine rescue scheme to inspect the emergency accommodation and equipment provided in accordance with regulations 5 and 6;
(b)for the person referred to in sub-paragraph (a) to be accompanied by the manager of the mine; and
(c)for any defect or deficiency disclosed by the inspection to be reported to the manager of the mine.
(2) The manager of every mine of coal shall—
(a)provide the person referred to in paragraph (1)(a) with a copy of the current emergency plan;
(b)ensure that appropriate and prompt action is taken to remedy any defect or deficiency which is reported in accordance with paragraph (1)(c); and
(c)keep a record of the results of any inspection carried out in accordance with paragraph (1), of any defect or deficiency which is reported in accordance with paragraph (1)(c) and of any action taken under paragraph (2)(b).