For the removal of doubts it is hereby declared that the owner of a mine is not absolved from liability to pay damages in respect of a contravention, in relation to the mine, by a person employed by him of—
(a)a provision of this Act, of an order made thereunder or of regulations; or
(b)a prohibition, restriction or requirement imposed by a notice served under or by virtue of this Act by[F1 the Executive] or an inspector;
by reason only that the provision contravened was one which expressly imposed on that person or on persons of a class to which, at the time of the contravention, he belonged, a duty or requirement or expressly prohibited that person, or persons of such a class or all persons from doing a specified act or, as the case may be, that the prohibition, restriction or requirement was expressly imposed on that person or that that person was, in pursuance of this Act or regulations, appointed by a person other than the owner.
F1SR 1999/150