Mines and Quarries Act 1954
United Kingdom · statute
Ask the law about thisMore laws of United KingdomFor machines: Markdown
In force since 2015-05-26, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
sha256 375c6d9f2a6825443da769f29a3207a7c3ab191411bb93e49ac980ace4aec45b
Contents: 188 provisions
- Title and introductory text
- 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 19 Faulty plans.
- 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 22 Provision of shafts and outlets in coal, &c., mines.
- 23 Communications between shafts and outlets in coal, &c., mines.
- 24 Limitation on number of persons to be employed at coal, &c., mines in places with single exits.
- 25 Limitation on number of persons to be employed at coal, &c., mines in shafts and outlets and their insets.
- 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 28 Provision of winding and haulage apparatus.
- 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 30 Securing of shafts and staple-pits.
- 31 Safety precautions with respect to entrances to shafts, staple-pits and outlets.
- 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 33 Safety precautions with respect to entrances to unfit parts of mines.
- 34 General provisions with respect to construction and maintenance of roads.
- 35 Height and width of travelling roads.
- 36 Prohibition of use of vehicles and conveyors in roads not affording free movement.
- 37 Transport rules.
- 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 39 Provisions for securing safety of foot-passengers in transport roads.
- 40 Provision of refuge holes.
- 41 Safety measures relating to use of vehicles.
- 42 Charge of winding and rope haulage apparatus when persons are carried.
- 43 Charge of winding and rope haulage apparatus when persons are not carried.
- 44 Charge of conveyors at working faces.
- 45 Signalling in shafts and outlets.
- 46 Signalling in roads.
- 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 55 Duty to provide adequate ventilation.
- 56 Avoidance of danger from gas in waste.
- 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 58 Provisions as to means of ventilation.
- 59 Prevention of leakage of air between airways.
- 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 61 Lighting.
- 62 Permitted lights.
- 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 64 Prohibition of taking into mines safety-lamps not provided by owner or of approved type.
- 65 Offences relating to safety-lamps.
- 66 Prohibition of possession of smoking materials in certain mines and parts of mines.
- 67 Prohibition of taking into certain mines and parts of mines of articles producing flames or sparks.
- 68
- 69 Blasting materials and devices.
- 70 Fire precautions in case of workings served by single intake airway.
- 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 72 Fire-fighting and rescue operations.
- 73 Means of escape from rooms in which there is special risk of fire, &c.
- 74 Dust precautions.
- 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 79 Withdrawal of workmen in cases of danger.
- 80 Duty of workmen to deal with, or report, danger.
- 81 Construction, maintenance, &c., of machinery and apparatus.
- 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 83 Restrictions on use below ground of certain engines, &c.
- 84 Air, gas and steam containers.
- 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 86 Buildings and structures to be kept safe.
- 87 Safe means of access and safe means of employment.
- 88 Restriction on doing of work by unskilled persons.
- 89 Penalization of failure to observe safety directions, &c.
- 90 Penalization of negligent acts or omissions and unauthorised removal, &c.,ofarticles.
- 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 94 Sanitary conveniences.
- 95 Measures against vermin and insects.
- 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 97 Supply of drinking water.
- 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 112 Dust precautions.
- 113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 123 Inspections of mines and quarries on behalf of workmen employed thereat.
- 124 Prohibition of employment below ground in certain cases.
- 125 Provisions as to hours worked by women and young persons.
- 129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 130 Special exception for emergencies.
- 131 Register of women and young persons employed.
- 132 Supplemental.
- 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 137 Furnishing to workers of information with respect to this Act and orders and regulations thereunder.
- 138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 141 Regulations.
- 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 143 Variation, revocation, &c., of regulations.
- 144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 150 Cancellation or suspension of certificates.
- 151 Fencing of abandoned and disused mines and of quarries.
- 152 Offences.
- 153 Accessories.
- 154 Supplementary provisions as to offences.
- 155 Penalty for offences for which no express penalty is provided.
- 156 Defence available to person charged with offence not committed personally.
- 157 Persons not to be under liability for contraventions which it was impracticable to avoid or prevent.
- 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 159 Liability of owners for breaches of statutory duty by their servants.
- 160 Liability of parents for unlawful employment of young persons
- 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 163 Prosecution of offences.
- 164 Restriction on institution of certain proceedings.
- 165 Duty to report results of proceedings against persons employed at mines or quarries.
- 166 Liability of parents for unlawful employment of children.
- 167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 168 Division of mines.
- 169 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 170 Provisions as to references upon notices served by inspectors.
- 171 Provisions as to knowledge by officials, &c., of Welsh language.
- 172 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 173 Revocation and variation of orders and rules.
- 174 †Parliamentary control of orders, rules and regulations.
- 175 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 176 Provisions as to exemptions, &c.
- 177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 178 Expenses and receipts.
- 179 Application to the Crown.
- 180 Meaning of “mine”
- 181 Meaning of “owner”.
- 182 General interpretation provisions.
- 183 Application of Act to training mines.
- 184 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 185 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 186 Repeal of s. 21 of 16 & 17 Geo. 5. c. 28.
- 187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 188 Minor and consequential amendments of other enactments.
- 189 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 190 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 191 General savings.
- 192 Saving for persons managing certain small mines at commencement of this Act.
- 193 Saving for common law rights of workmen, &c.
- 194 Commencement.
- 195 Short title and extent.
- FIRST AND SECOND SCHEDULES
- THIRD SCHEDULE Inquiries into Fitness of Holders of Certificates and Delivery up and Custody of Certificates in connection with Prosecutions and Inquiries.
- FOURTH SCHEDULE Minor and Consequential Amendments of Enactments
- FIFTH SCHEDULE
Proposed changes to this act
No one has proposed a change to this act yet.
188 provisions
173 Revocation and variation of orders and rules.
Any power conferred by this Act to make a . . . 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 . . . or rule.
Propose a change174 †Parliamentary control of orders, rules and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change175 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change176 Provisions as to exemptions, &c.
(1) Any power conferred by this Act or regulations or health and safety regulations which expressly apply to all mines . . ., any class of mines . . . or a particular mine . . . on the 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 or such health and safety regulations by the Health and Safety Executive or an inspector may (subject to any express provision of this Act or regulations or 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.
Propose a change177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change178 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.
Propose a change179 Application to the Crown.
This Act shall apply to mines . . . 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.
Propose a change180 Meaning of “mine”
(1) This section defines “mine” for the purposes of this Act. (2) “Mine” means an excavation or system of excavations (including all excavations to which a common system of ventilation is provided) made for the purpose of, or in connection with, the extraction, wholly or substantially by means involving persons working below ground, of— (a) minerals (in their natural state or in solution or suspension), or (b) mineral products. (3) A mine is deemed to include so much of the surface (including buildings, structures or works on it) surrounding or adjacent to the shafts or outlets of the mine as is occupied with the mine for the purpose of, or in connection with— (a) working the mine, (b) the storage, treatment or preparation for sale, consumption or use of minerals or mineral products extracted from the mine, or (c) the removal from the mine of minerals or mineral products extracted from it or of refuse from it. (4) But a mine is not deemed to include premises in which a manufacturing process is carried on for a purpose other than— (a) working the mine, or (b) the preparation for sale of minerals extracted from the mine. (5) Premises used to deposit refuse from a single mine and occupied exclusively by the owner of the mine are deemed to form part of the mine. (6) Premises used to deposit refuse from two or more mines and occupied by the owner of one of the mines (either exclusively or jointly with the owner of the other or any of the others) are deemed to form part of whichever of the mines the Health and Safety Executive directs. (7) A railway line serving one or more mines, other than a line falling within subsection (3) or belonging to a railway company, is deemed to form part of the mine or (if more than one) of whichever of the mines the Health and Safety Executive directs. (8) A conveyor or aerial ropeway provided for the removal from a mine of minerals extracted from it, or of refuse from it, is deemed to form part of the mine.
Propose a change181 Meaning of “owner”.
(1) Subject to the provisions of this section, in this Act the expression “owner” means, in relation to a mine . . ., the person for the time being entitled to work it. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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 . . . 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 . . .. (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.
Propose a change182 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:— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “central rescue station” has the meaning assigned to it by section seventy-two of this Act; “contravention” includes, in relation to— a provision of this Act, of an order made thereunder or of regulations; or a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by an inspector; or a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by the Health and Safety Executive or an inspector; a prohibition or requirement imposed by or under health and safety regulations which expressly apply to all mines . . ., any class of mine . . . or a particular mine . . . 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; “health and safety regulations” has the meaning assigned by section 15(1) of the Health 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; “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 . . ., 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 . . . 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 the Secretary of State; “notice” means a notice in writing; “parent” means 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 or 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 . . . , 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 . . .; “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. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) For the purposes of this Act— (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. (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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.
Propose a change183 Application of Act to training mines.
(1) For the purposes of this Act an excavation or system of excavations made for training purposes shall be deemed to be a mine, and the use for those purposes of any premises which are a mine as defined by subsection (1) of section one hundred and eighty of this Act or are, by virtue of this section, deemed to be a mine shall be deemed, for the purposes of this Act, to constitute the working of the mine; but the Minister may by order direct that this Act shall, in its application to any such premises as aforesaid which are used exclusively for training purposes, have effect subject to such exceptions, adaptations and modifications as may be specified in the order. (2) In this section the expression “training purposes” means the purposes of instructing or training below ground persons in, or in any work connected with, mining minerals.
Propose a change184 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change185 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change186 Repeal of s. 21 of 16 & 17 Geo. 5. c. 28.
Section twenty-one of the Mining Industry Act, 1926 (which enablesprovision to be made for the establishment of joint committees forcoal mines) shall cease to have effect.
Propose a change187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change188 Minor and consequential amendments of other enactments.
The enactments specified in the Fourth Schedule to this Act shall haveeffect subject to the amendments respectively specified in relationthereto in that Schedule (being minor amendments and amendmentsconsequential on the provisions of this Act).
Propose a change189 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change190 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change191 General savings.
(1) Nothing in this Act shall affect— (a) any special regulation made under an enactment repealed by this Act; (b) any rule made by the Mining Qualifications Board constituted under the Coal Mines Act 1911; (c) any order with respect to fees, notification of accidents or the manner in which persons are to be searched, being an order made under an enactment repealed by this Act or by the said Act of 1911; (d) any rule made under section fifty of the said Act of 1911; or (e) any certificate issued, exemption, consent, approval, permission or authority granted or any other thing done under an enactment repealed by this Act; but any such regulation, rule or order so made or any certificate, exemption, consent, approval, permission, authority or thing so issued, granted or done shall, if in force at the commencement of this Act and so far as it could have been made, issued, granted or done under this Act, have effect as if it had been so made, issued, granted or done. (2) Nothing in this Act shall affect any special rule established under an enactment repealed by this Act, but any such rule so established shall, if in force at the commencement of this Act and so far as it could, had it been a regulation, have been made under this Act, have effect as if it had been a regulation so made. (3) Any document referring to any Act or enactment repealed by this Act shall be construed as referring to this Act or the corresponding enactment in this Act. (4) Any inquiry or formal investigation under section eleven or eighty-three of the Coal Mines Act 1911, which is uncompleted at the commencement of this Act may be carried on and completed in all respects as if this Act had not passed. (5) Any person holding office or acting or serving under or by virtue of an enactment repealed by this Act shall continue to hold office or to act or serve as if he had been appointed under or by virtue of the corresponding enactment in this Act. (6) Any register kept under an enactment repealed by this Act shall be deemed part of the register to be kept under the corresponding enactment in this Act. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) The mention of particular matters in this section shall be without prejudice to the general application of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 with regard to the effect of repeals.
Propose a change192 Saving for persons managing certain small mines at commencement of this Act.
A person who, immediately before the commencement of this Act, is, by virtue of subsection (3) of section two of the Coal Mines Act 1911, exercising and performing, in relation to a mine of coal, stratified ironstone, shale or fireclay then exempt from the provisions of that section, the powers and duties conferred and imposed by that Act on the manager of a mine, may be manager of that mine or another mine of coal, stratified ironstone, shale or fireclay at any time at which the number of persons employed below ground in the mine does not exceed thirty and no direction is in force with respect to the mine under paragraph (b) of subsection (2) of section four of this Act or under subsection (3) of that section, notwithstanding that he does not possess the qualifications required by this Act for appointment as manager thereof.
Propose a change193 Saving for common law rights of workmen, &c.
No provision of this Act, of any order made thereunder or of regulations shall be construed as derogating from any rule of law with respect to the duties owed by masters to their servants (including, in particular, but without prejudice to the generality of the foregoing words, the duty to provide a safe system of working), and section one of this Act shall not be construed as derogating from any obligation imposed by or by virtue of any other provision of this Act upon the owner of a mine . . ..
Propose a change194 Commencement.
This Act, except sections one hundred and seventy-two and one hundred and ninety thereof, shall come into operation on such day as the Minister may by order appoint, and those sections shall come into operation on the passing of this Act; and for the purposes of this Act and of the application thereto of section 13 of the Interpretation Act 1978 (which relates to the exercise of statutory powers between the passing and the commencement of an Act references to the commencement of this Act shall, notwithstanding the provisions of section 4 of the said Act of 1978 with respect to the construction of the expression “commencement”, be construed as references to the time at which this Act, except the said sections one hundred and seventy-two and one hundred and ninety, comes into operation.
Propose a change195 Short title and extent.
(1) This Act may be cited as the Mines and Quarries Act 1954. (2) This Act shall not extend to Northern Ireland.
Propose a changeFIRST AND SECOND SCHEDULES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a changeTHIRD SCHEDULE Inquiries into Fitness of Holders of Certificates and Delivery up and Custody of Certificates in connection with Prosecutions and Inquiries.
Section 150.
Propose a changeFOURTH SCHEDULE Minor and Consequential Amendments of Enactments
Section 188.
Propose a changeFIFTH SCHEDULE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change