Mines and Quarries Act 1954

152 Offences. E+W+S

(1) In the event of a contravention, in relation to a mine, of—

(a) a provision of this Act, of an order made thereunder or of regulations, not being a provision which expressly provides that a person is to be guilty of an offence; or

(b) a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by an inspector; or

(c) a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by [F1 the Health and Safety Executive] or an inspector;

[F2 (d) a requirement or prohibition imposed by or under health and safety regulations which expressly apply to all mines, any class of mine to which the mine belongs or the mine;]

each of the following persons shall, subject to the following provisions of this Act, be guilty of an offence, namely, the owner of the mine, any person to whom written instructions have been given by the owner in pursuance of section one of this Act specifying as, or including amongst, the matters with respect to which that person is charged with securing the fulfilment in relation to the mine of statutory responsibilities of the owner, matters of the class to which the provision, direction, prohibition, restriction, requirement or condition relates, the manager of the mine, any person who is for the time being treated for the purposes of this Act as the manager, ever under-manager of the mine and any person who is for the time being treated for the purposes of this Act as an under-manager thereof.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the event of a contravention, in relation to a mine, by a person other than one mentioned in subsection (1) of this section, of such a provision as is mentioned in paragraph (a) of that subsection, [F4 or such a requirement or prohibition as is mentioned in paragraph (d) of that subsection, whereby there is expressly imposed on that person or on persons of a class to which he belongs a duty or requirement or he or persons of a class to which he belongs or all persons are expressly prohibited] from doing a specified act, the person who contravened that provision, as well as the persons mentioned in the said subsection (1), shall be guilty of an offence, F5 . . ..

(4) Neither the manager of a mine as such, F6 . . . nor a person who is for the time being treated for the purposes of this Act as the manager of a mine F6 . . ., nor an under-manager of a mine, nor a person who is for the time being treated for the purposes of this Act as such an under-manager shall, by virtue of subsection (1) F6 . . . of this section, be guilty of an offence by reason of a contravention by the owner of the mine F7 . . . of—

(a) any provision of this Act, of an order made thereunder or of regulations, being a provision which expressly imposes on the owner of the mine F7 . . . a duty or requirement or a prohibition; F8 . . .

(b) any prohibition, restriction or requirement which, by virtue of a notice served under or by virtue of this Act by an inspector, is expressly imposed on the owner of the mine F7 . . .; [F9 or]

[F10 (c) any requirement or prohibition expressly imposed by or under such health and safety regulations as are mentioned in paragraph (d) of [F11 subsection] (1) F12 . . .of this section on the owner of the mine F7 . . .].

F13 . . ..

Textual Amendments

F1 Words substituted by virtue of S.I. 1974/2013, Sch. 2 para. 3

F2 S. 152(1)(d) inserted by S.I. 1974/2013, Sch. 2 para. 12(a)

F3 S. 152(2) repealed (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. I

F4 Words substituted by S.I. 1974/2013, Sch. 2 para. 12(c)

F5 Words in s. 152(3) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II

F6 Words in s. 152(4) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II

F7 Words in s. 152(4)(a)(b)(c) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II

F8 Word in s. 152(4)(a) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II

F9 Word in s. 152(4)(b) inserted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II

F10 S. 152(4)(c) inserted by S.I. 1974/2013, Sch. 2 para. 12 (d)

F11 Word in s. 152(4)(c) substituted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II

F12 Words in s. 152(4)(c) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II

F13 Words in s. 152(4) omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II

Modifications etc. (not altering text)

C1 S. 152 extended by Mines Management Act 1971 (c. 20), s. 1(3)

C2 S. 152(1) amended by Mines Management Act 1971 (c. 20) , s. 2(1)