The Management and Administration of Safety and Health at Mines Regulations 1993

PART IXREPEALS, MODIFICATIONS, REVOCATIONS AND SAVINGS

Repeals and modifications

41.—(1) The provisions of the 1954 Act specified in column 1 of Part I of Schedule 3 are repealed to the extent specified in the corresponding entry in column 3 of that Part.

(2) The provisions of the 1954 Act specified in column 1 of Part II of Schedule 3 shall be modified to the extent specified in the corresponding entry in column 2 of that Part.

(3) The Mines Management Act 1971(1) is repealed.

Certain provisions of the 1954 Act not to apply to mines

42.  The provisions of the 1954 Act specified in column 1 of Schedule 4 shall not apply to mines and accordingly those provisions shall be modified to the extent specified in the corresponding entry in column 2 of that Schedule.

Revocations and modifications to instruments

43.—(1) The instruments specified in column 1 of Schedule 5 shall be revoked to the extent specified in the corresponding entry in column 3 of that Schedule.

(2) The provisions of the instruments specified in column 1 of Schedule 6 shall be modified to the extent specified in the corresponding entry in column 2 of that Schedule.

(3) Any reference in special Regulations (being Regulations which apply to particular mines made or having effect as if made under the 1974 Act) to a “deputy” shall be treated as a reference to a person who has been appointed–

(a)to exercise supervision under regulation 10(2)(a);

(b)to make inspections under regulation 12(1); or

(c)to exercise both such functions.

Application of the Health and Safety (First-Aid) Regulations 1981 to mines

44.—(1) The Health and Safety (First-Aid) Regulations 1981(2) shall apply with the modifications set out in paragraph (2) to mines and mining operations as they apply to any premises or activity to which the 1974 Act applies and accordingly those Regulations shall be modified in accordance with paragraph (2) of this regulation.

(2) The Health and Safety (First-Aid) Regulations 1981 shall be modified as follows–

(a)regulation 7(e) (cases where the Regulations do not apply) is revoked;

(b)for regulation 8 substitute the following regulation–

“Application to mines

8.—(1) Subject to paragraph (2), in their application to mines, regulations 3 and 4 shall have effect as if the owner of the mine were the employer and as if all persons for the time being employed at the mine were his employees.

(2) Paragraphs (3) and (4) of regulation 3 shall not apply in relation to mines.”;

(c)regulation 10(3) (repeals, revocations and modification) is revoked.

Records and registers required to be kept under the 1954 Act

45.  Any record or register required to be kept under any provision repealed or revoked by these Regulations shall, notwithstanding those repeals or revocations, be kept in the same manner and for the same period as if these Regulations had not been made, except that the Executive may approve their keeping at a place or in a form other than at the place where, or in the form in which, records were required to be kept under the provisions so repealed or revoked.