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The Management and Administration of Safety and Health at Mines Regulations 1993
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- 1993 No. 1897
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Regulation 6(6)
SCHEDULE 1PROVISIONS OF THE 1954 ACT EXPRESSLY PROVIDING THAT A PERSON IS TO BE GUILTY OF AN OFFENCE
| Column 1 | Column 2 |
|---|---|
| Section | Subject matter |
| 65(1) | Damaging, destroying or losing a safety-lamp or allowing it to be damaged, destroyed or lost |
| 65(2) | Tampering with a safety-lamp |
| 66(1) and (3) | Having a cigar or cigarette, a pipe or other contrivance for smoking, or a match or mechanical lighter in or when about to go into a safety-lamp mine or safety-lamp part of a mine |
| 66(6) | Refusal to allow searching |
| 153 | Inducing or procuring, or consenting to or conniving at, the commission of an offence under the Act |
| 160 | Liability of the parent for the employment of a young person in contravention of the Act |
Regulation 7
SCHEDULE 2NOTIFICATIONS TO THE EXECUTIVE
PART IINFORMATION TO BE NOTIFIED 28 DAYS IN ADVANCE
1. The name, address and location of the mine.
2. The name and address of the owner.
3. The start of work to open a mine, seam or vein-system.
4. The start of operations to sink a new shaft or drive a new outlet.
5. The resumption of work on a seam or vein-system or use of a shaft or outlet.
6. The re-opening of a mine, seam, vein-system, shaft or outlet.
PART IIEVENTS TO BE NOTIFIED TO THE EXECUTIVE WITHIN 28 DAYS
1. Any change in the name, address and location of the mine.
2. Any change in the name and address of the owner.
3. A seam or vein-system ceasing to be worked or a shaft or outlet ceasing to be used.
4. The abandonment of the mine or of a seam, vein-system, shaft, or outlet.
Regulation 41(1) and (2)
SCHEDULE 3REPEALS AND MODIFICATIONS OF THE 1954 ACT
PART IREPEALS
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provision | Description | Extent of repeal |
| Section 2 | Appointment, and general duties and powers of, mine managers | The whole section |
| Section 3 | Rights of mine manager with respect to instructions given by or on behalf of the owner | The whole section |
| Section 4 | Qualifications of mine managers | The whole section |
| Section 5 | Limitation on number of mines a person may manage | The whole section |
| Section 6 | Under-managers | The whole section |
| Section 7 | Temporary appointments during vacancy in office of mine manager or under-manager | The whole section |
| Section 8 | Daily supervision of mine managers and under-managers | The whole section |
| Section 9 | Charge of mine when neither manager nor under-manager nor substitute is present | The whole section |
| Section 10 | Duties of mine managers with respect to reading of reports, etc. | The whole section |
| Section 11 | Surveyors | The whole section |
| Section 12 | Deputies | The whole section |
| Section 13 | Other officials, engineers, technicians, etc. | The whole section |
| Section 14 | Duties of the mine manager to ensure that persons appointed by him understand their duties | The whole section |
| Section 15 | Notification to district inspector of appointments by mine owners | The whole section |
| Section 16 | Disqualification of contractors and their employees for appointment as managers, etc., of mines | The whole section |
| Section 17 | Keeping of plans | The whole section |
| Section 18 | Furnishing of documents and information requisite for preparation of plans | The whole section |
| Section 20 | Transmission to inspector, and preservation of, plans of abandoned or disused mines, seams and veins | The whole section |
| Section 60 | Provision of barometers and other measuring instruments | The whole section |
| Section 80 | Duty of workmen to deal with, or report, danger | The whole section except for the purposes of section 115 of the 1954 Act (application to quarries) |
| Section 88 | Restriction on doing of work by unskilled persons | The whole section except for the purposes of section 115 of the 1954 Act (application to quarries) |
| Section 89 | Penalisation of failure to observe safety directions, etc. | The whole section except for the purposes of section 115 of the 1954 Act (application to quarries) |
| Section 90 | Penalisation of negligent acts or omissions and unauthorised removal, etc. of articles | The whole section except for the purposes of section 115 of the 1954 Act (application to quarries) |
| Section 91 | First aid | The whole section |
| Section 139 | Notification of beginning and ending of certain mining and quarrying operations | Subsection (1) |
| Section 147 | Grant of certificates | The whole section |
| Section 148 | The Mining Qualifications Board | The whole section |
| Section 149 | Qualifications for grant of certificates | The whole section |
| Section 158 | Special defence available to mine under-managers with limited jurisdiction | The whole section |
| Section 168 | Division of mines | The whole section |
| Section 182 | General interpretation of provisions | Subsection (2) |
PART IIMODIFICATIONS
| Column 1 | Column 2 |
|---|---|
| Provision | Extent of modification |
| Section 53 | For the words from “for the purpose of fulfilling” to the words “subsection (1) of section 12 of this Act” substitute the words “to exercise supervision in accordance with regulation 10(2)(a) or to make inspections in accordance with regulation 12(1) of the Management and Administration of Safety and Health at Mines Regulations 1993 (S.I. 1993 No. 1897)”. |
| Section 150 | In subsection (1), from the beginning to the words “or by virtue of this Act” substitute the words “On the conviction of an offence under the relevant statutory provisions the holder of a certificate granted by the Health and Safety Executive under or by virtue of this Act or of a certificate of qualification issued under regulation 18 of the Management of Safety and Health at Mines Regulations 1993 (S.I. 1993 No. 1897) (whether issued by the Health and Safety Executive or some other body)”. |
| Section 180 | For subsection (1) substitute the following subsection– “(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.”. |
| Section 182 | For paragraph (a) of subsection (3) substitute the following subsection– “(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.”. |
Regulation 42
SCHEDULE 4PROVISIONS OF THE 1954 ACT NOT TO APPLY TO MINES AND EXTENT OF CONSEQUENT MODIFICATIONS
| Column 1 | Column 2 |
|---|---|
| Provisions | Extent of modifications |
| Sections 1, 133 to 136, 140, 162, 182(3)(c) and 184 | Omit the words “mine or” wherever they occur. |
| Section 1 | In subsection (1), omit the words “mines and”. In subsection (2), omit the words “the manager of the mine or, as the case may be”. |
| Section 133 | In subsection (1), omit the words “mines or”. |
| Section 134 | In this section, omit paragraph (a). |
| Section 184 | In subsection (5) omit paragraph (a). |
Regulation 43(1)
SCHEDULE 5REVOCATIONS
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Description of Instrument | Extent of revocation | |
| The Coal and Other Mines (Managers and Officials) Regulations 1956 | S.I. 1956/1758 | The whole Regulations |
| The Coal and Other Mines (Surveyors and Plans) Regulations 1956 | S.I. 1956/1760 | The whole Regulations |
| The Coal and Other Mines (General Duties and Conduct) Regulations 1956 | S.I. 1956/1761 | Regulations 2, 4(2), 5, 7, 8(1) and 9 |
| The Miscellaneous Mines (General) Regulations 1956 | S.I. 1956/1778 | Regulations 2 to 6 Regulation 62 Regulation 66 Regulation 67 Regulation 81 |
| The Coal and Other Mines (Locomotives) Regulations 1956 | S.I. 1956/1771 | Regulation 10 |
| The Coal and Other Mines (First Aid) Regulations 1962 | S.I. 1962/1423 | The whole Regulations |
| The Coal and Other Mines (Mechanics and Electricians) Regulations 1965 | S.I. 1965/1559 | The whole Regulations |
| The Coal Mines (Training) Regulations 1967 | S.I. 1967/82 | The whole Regulations |
| The Coal Mines (Mines Management) Regulations 1972 | S.I. 1972/631 | The whole Regulations |
| The Boulby Mine (Maintenance Scheme) Special Regulations 1974. | S.I. 1974/112 | The whole Regulations |
Regulation 43(2)
SCHEDULE 6MODIFICATIONS TO REGULATIONS RELATING TO DEPUTIES
| Column 1 | Column 2 |
|---|---|
| Provision | Extent of modification |
| The Coal and Other Mines (Ventilation) Regulations 1956(1) | |
| Regulation 17 | For the word “deputy” substitute the words “person appointed to make inspections in accordance with regulation 12(1) of the 1993 Regulations”. |
| Regulation 23(1) | For the words “deputy in charge of a district affected” substitute the words “person appointed to exercise supervision in accordance with regulation 10(2)(a) of the 1993 Regulations, a person appointed to make inspections in accordance with regulation 12(1) of those Regulations over a district affected” and for the word “deputy”, substitute the word “person”. |
| Regulation 23(2) | For the words “A deputy” substitute the words “Such a person” and for the word “deputy” in the second place where that word occurs substitute the word “person”. |
| Regulation 27 | For the words “deputy in charge of the district” substitute the words “person appointed to exercise supervision in accordance with regulation 10(2)(a) of the 1993 Regulations over that district or the person appointed to make inspections in that district in accordance with regulation 12(1) of those Regulations”. |
| Regulation 31 | For the word “deputy” substitute the words “person appointed to exercise supervision in accordance with regulation 10(2)(a) of the 1993 Regulations, person appointed to make inspections in accordance with regulation 12(1) of those Regulations”. |
| Regulation 33(1) | Before the definition of “the Act” insert the following definition– ‘ “the 1993 Regulations” means the Management and Administration of Safety and Health at Mines Regulations 1993 (S.I. 1993 No. 1897).’; Revoke the definition of “deputy”. |
| The Coal and Other Mines (Safety-Lamps and Lighting) Regulations 1956(2) | |
| Regulation 3(1) | For the words “deputy” substitute the words “person appointed to exercise supervision in accordance with regulation 10(2)(a) of the 1993 Regulations, a person appointed to make inspections in accordance with regulation 12(1) of those Regulations”. |
| Regulation 15(1) | For the words “a manager, an undermanager, a deputy” substitute the words “a person appointed to the management structure of the mine established in accordance with regulation 10(1) of the 1993 Regulations, a person appointed to make inspections in accordance with regulation 12(1) of those Regulations”. |
| Regulation 25(1) | Before the definition of “the Act” insert the following definition– ‘ “the 1993 Regulations” means the Management and Administration of Safety and Health at Mines Regulations 1993 (S.I. 1993 No. 1897).’; Revoke the definition of “deputy”. |
| The Coal and Other Mines (Locomotives) Regulations 1956(3) | |
| Regulation 36(1) | Revoke the definitions of “deputy” and “deputy’s district”. |
| The Coal Mines (Cardox and Hydrox) Regulations 1956(4) | |
| Regulation 8(5) | For the words “deputy or other official of the mine” substitute “a person appointed to the management structure of the mine established in accordance with regulation 10(1) of the 1993 Regulations”. |
| Regulation 19(2) | For the words “deputies' inspections” substitute the words “inspections in accordance with regulation 12(1) of the 1993 Regulations”. |
| Regulation 26(d) | For the words “deputy in charge of the district” substitute the words “person appointed to exercise supervision of that district in accordance with regulation 10(2)(a) of the 1993 Regulations”. |
| Regulation 30(1) | Before the definition of “the Act”, insert the following definition– ‘“the 1993 Regulations” means the Management and Administration of Safety and Health at Mines Regulations 1993 (S.I. 1993 No. 1897).’; Revoke the definition of “deputy”. |
| The Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations 1956(5) | |
| Regulation 3(b)(vi) | For the word “deputy” substitute the words “a person appointed to exercise supervision in accordance with regulation 10(2)(a) of the 1993 Regulations”. |
| Regulation 10(4) | For the words “deputy or other official of the mine” substitute the words “a person appointed to the management structure of the mine established in accordance with regulation 10(1) of the 1993 Regulations”. |
| Regulation 11(9) | For the word “deputy” substitute the words “a person appointed to exercise supervision in accordance with regulation 10(2)(a) of the 1993 Regulations”. |
| Regulation 16(1) | For the words “deputy in charge of the district” substitute the words “person appointed to exercise supervision in accordance with regulation 10(2)(a) of the 1993 Regulations for the district affected”. |
| Regulation 27(a) | For the words “deputy in charge of every district” substitute the words “person appointed to exercise supervision in accordance with regulation 10(2)(a) of the 1993 Regulations for every district”. |
| Regulation 33(1) | For the word “deputy” substitute the words “a person appointed to exercise supervision in accordance with regulation 10(2)(a) of the 1993 Regulations”. |
| Regulation 33(3) | For the words from “in pursuance of regulation twelve” to the end of the paragraph substitute “in pursuance of regulation 12(1) of the 1993 Regulations of the next inspection of the district in which the shot was fired and for matters ancillary and supplemental thereto”. |
| Regulation 33(4) | For the word “deputy”, in both places where that word appears, substitute the word “person”. |
| Regulation 33(5) | For the word “deputy” substitute the words “person appointed to exercise supervision in accordance with regulation 10(2)(a) of the 1993 Regulations”. |
| Regulation 39 | For the words from “by the deputy” to the end of the regulation, substitute the words “in accordance with regulation 12(1) of the 1993 Regulations”. |
| Regulation 41(3)(a)(i) | For the word “deputy” substitute the words “person appointed to exercise supervision in accordance with regulation 10(2)(a) of the 1993 Regulations”. |
| Regulation 41(3)(b) | For the word “deputy” substitute the words “person appointed to exercise supervision in accordance with regulation 10(2)(a) of the 1993 Regulations”. |
| Regulation 41(4)(a) | For the words from “the deputy for the district” to the end, substitute the words “the person appointed to exercise supervision in accordance with regulation 10(2)(a) of the 1993 Regulations for the district in which the mis-fire has occurred is responsible for the keeping of the said record, by that person”. |
| Regulation 49(1)(a)(ii) | For the words “deputies' inspections” substitute the words “inspections in accordance with regulation 12(1) of the 1993 Regulations”. |
| Regulation 54(2) | For the words “deputies' inspections” substitute the words “inspections in accordance with regulation 12(1) of the 1993 Regulations”. |
| Regulation 56(1) | Before the definition of “the Act” insert the following definition– ‘“the 1993 Regulations” means the Management and Administration of Safety and Health at Mines Regulations 1993 (S.I. 1993 No. 1897).’; Revoke the definitions of“‘deputy’ and ‘deputy’s district’”. |
| The Coal and Other Mines (Shafts, Outlets and Roads) Regulations 1960(6) | |
| Regulation 2(1) | Revoke the definition of “deputy”. |
| The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985(7) | |
| Schedule 4, paragraph 1 | In the definition of “appropriate person” in sub-paragraph (a) for the words “any official superior to a person appointed as a deputy” substitute the words “a person appointed to the management structure of the mine established in accordance with regulation 10(1) of the Management and Administration of Safety and Health at Mines Regulations 1993 (S.I. 1993 No. 1897)”. |
| The Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993(8) | |
| Regulation 29(3) | For the words “deputy assigned to that district” substitute the words “a person appointed to exercise supervision in accordance with regulation 10(2)(a) of the Management and Administration of Safety and Health at Mines Regulations 1993 (S.I. 1993 No. 1897) for that district or a person appointed to make inspections in accordance with regulation 12(1) of those Regulations in that district”. |
| Regulation 29(4) | Revoke. |
(1)
(2)
(3)
(4)
(5)
S.I. 1956/1943, amended by S.I. 1993/208.
(6)
(7)
S.I. 1985/2023, amended by S.I. 1989/1457.
(8)
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