An Act to make provision for facilitating the working of minerals and the better organisation of the coal mining industry, and with respect to the welfare of persons employed therein, and for other purposes connected with that industry.
[4th August 1926]
Commencement Information
I1Act wholly in force at Royal Assent
Textual Amendments
F1Ss. 1—12 repealed by Coal Industry Nationalisation Act 1946 (c. 59), Sch. 4
Textual Amendments
Textual Amendments
F3Ss. 14—17 repealed by Miners' Welfare Act 1952 (c. 23), Sch. 2
Textual Amendments
F4S. 18 repealed by Statute Law Revision Act 1950 (c. 6)
Textual Amendments
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Textual Amendments
F6S. 20 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 6(1) (with Sch. 23 para. 6(2))
Textual Amendments
F7S. 21 repealed by Mines and Quarries Act 1954 (c. 70), Sch. 5
Textual Amendments
F8S. 22 repealed by Coal Industry Act 1949 (c. 53), s. 9(2)
(1)Before any person sinks, for the purpose of searching for or getting any minerals, a shaft or borehole intended to reach a depth of more than [F930.480 metres] below the surface, he shall give to the [F10Natural Environment Research Council] (hereinafter referred to as “the [F10Council]”) notice in writing of his intention to do so, and any person who for such a purpose sinks any such shaft or borehole shall keep a journal thereof, and shall retain for a period of not less than six months such specimens of the strata passed through as may have been obtained in the course of the sinking thereof, either as cores or fragments, and shall allow the [F10Council], or any officer appointed by them, to have free access at all reasonable times to any such shaft, borehole or core, to inspect and take copies of the journals of such shafts or boreholes, to inspect all specimens so obtained and kept, and to take representative specimens of any such cores.
(2)If the person sinking any such shaft or borehole as aforesaid gives notice in writing to the [F10Council] requiring them to treat as confidential any copies of journals or specimens so taken by the [F10Council] or by any officer appointed by them, the [F10Council] shall not allow those copies or specimens to be published or shown to any person not being an officer of the [F10Council], except with the consent of the person sinking such shaft or borehole:
Provided that, if at any time the [F10Council] give notice to any person from whom such consent is required that, in their opinion, his consent is unreasonably withheld, then that person may, within three months after such notice is given, appeal to the [F11High Court] but if at the expiration of that period no such appeal has been made, or if after hearing the appeal the [F11High Court] do not make an order restraining them from doing so, the [F10Council] may proceed as if such consent had been given.
(3)The owner . . . F12 or manager of every mine shall allow the [F10Council] or any officer appointed by them to have free access at all reasonable times to all underground workings, and shall supply to the [F10Council] or to any such officer as aforesaid such information and such specimens of seams or strata sunk through or opened out at the mine as may be reasonably required by the [F10Council].
(4)If any person sinking any shaft or borehole, or the owner, . . . F12 or manager of any mine fails to comply with any obligation imposed on him by the foregoing provisions of this section, he shall, in respect of each offence, be liable on summary conviction to a fine not exceeding [F13level 3 on the standard scale].
[F14(5)Any officer appointed by the [F10Council] shall have the same rights as to the production and inspection of plans, sections and drawings which, by or by virtue of the M1Mines and Quarries Act 1954, are required to be kept, as are by that Act conferred on inspectors, and that Act shall apply accordingly.]
[F15(6)In subsection (1) above, the expression “minerals” includes petroleum within the meaning of Part I of the Petroleum Act 1998.]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F9Words in s. 23(1) substituted (1.1.1995) by S.I. 1991/2531, art. 2.
F10Words substituted by Science and Technology Act 1965 (c. 4), Sch. 2
F11Words substituted (E.W.) by virtue of Railway and Canal Commission (Abolition) Act 1949 (c. 11), s. 1(1)
F12Words repealed by Mines and Quarries Act 1954 (c. 70), Sch. 5
F13Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F14S. 23(5) substituted by Mines and Quarries Act 1954 (c. 70), Sch. 4
F15S. 23(6) inserted (15.2.1999) by 1998 c. 17, s. 50, Sch. 4 para. 1; S.I. 1999/161, arts. 2(1) (with Sch. 3 para 5(1))
Modifications etc. (not altering text)
C1Definition of “minerals” explained by Petroleum (Production) Act 1934 (c. 36), s. 9
Marginal Citations
(1)Before any person sinks, for the purpose of searching for or getting any minerals, a shaft or borehole intended to reach a depth of more than [F1930.480 metres] below the surface, he shall give to the [F20Natural Environment Research Council] (hereinafter referred to as “the [F20Council]”) notice in writing of his intention to do so, and any person who for such a purpose sinks any such shaft or borehole shall keep a journal thereof, and shall retain for a period of not less than six months such specimens of the strata passed through as may have been obtained in the course of the sinking thereof, either as cores or fragments, and shall allow the [F20Council], or any officer appointed by them, to have free access at all reasonable times to any such shaft, borehole or core, to inspect and take copies of the journals of such shafts or boreholes, to inspect all specimens so obtained and kept, and to take representative specimens of any such cores.
(2)If the person sinking any such shaft or borehole as aforesaid gives notice in writing to the [F20Council] requiring them to treat as confidential any copies of journals or specimens so taken by the [F20Council] or by any officer appointed by them, the [F20Council] shall not allow those copies or specimens to be published or shown to any person not being an officer of the [F20Council], except with the consent of the person sinking such shaft or borehole:
Provided that, if at any time the [F20Council] give notice to any person from whom such consent is required that, in their opinion, his consent is unreasonably withheld, then that person may, within three months after such notice is given, appeal to the [F21Court of Session] but if at the expiration of that period no such appeal has been made, or if after hearing the appeal the [F21Court of Session] do not make an order restraining them from doing so, the [F20Council] may proceed as if such consent had been given.
(3)The owner . . . F22 or manager of every mine shall allow the [F20Council] or any officer appointed by them to have free access at all reasonable times to all underground workings, and shall supply to the [F20Council] or to any such officer as aforesaid such information and such specimens of seams or strata sunk through or opened out at the mine as may be reasonably required by the [F20Council].
(4)If any person sinking any shaft or borehole, or the owner, . . . F22 or manager of any mine fails to comply with any obligation imposed on him by the foregoing provisions of this section, he shall, in respect of each offence, be liable on summary conviction to a fine not exceeding [F23level 3 on the standard scale].
[F24(5)Any officer appointed by the [F20Council] shall have the same rights as to the production and inspection of plans, sections and drawings which, by or by virtue of the M2Mines and Quarries Act 1954, are required to be kept, as are by that Act conferred on inspectors, and that Act shall apply accordingly.]
[F25(6)In subsection (1) above, the expression “minerals” includes petroleum within the meaning of Part I of the Petroleum Act 1998.]
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F19Words in s. 23(1) substituted (1.1.1995) by S.I. 1991/2531, art. 2.
F20Words substituted by Science and Technology Act 1965 (c. 4), Sch. 2
F21Words substituted (S) by virtue of Railway and Canal Commission (Abolition) Act 1949 (c. 11), s. 1(1)
F22Words repealed by Mines and Quarries Act 1954 (c. 70), Sch. 5
F23Words substituted by virtue of (S) Criminal Procedure (Scotland) Act 1975 (c. 48, SIF 39:1), ss. 289F, 289G
F24S. 23(5) substituted by Mines and Quarries Act 1954 (c. 70), Sch. 4
F25S. 23(6) added (15.2.1999) by 1998 c. 17, s. 50, Sch. 4 para. 1; S.I. 1999/161, art. 2(1) (with Sch. 3 para. 5(1))
Modifications etc. (not altering text)
C2Definition of “minerals” explained by Petroleum (Production) Act 1934 (c. 36), s. 9
Marginal Citations
Textual Amendments
Textual Amendments
F17S. 25 repealed by Coal Industry Nationalisation Act 1946 (c. 59), Sch.
(1)This Act may be cited as the Mining Industry Act 1926.
(2)This Act shall not extend to Northern Ireland.
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Textual Amendments
F18Sch. repealed by Miners' Welfare Act 1952 (c. 23), Sch. 2