3 Duties of owners and managers and powers of inspectors.E+W+S
(1)It shall be the duty of the owner and of the manager of every mine F1. . . to take such steps as may be necessary for securing that he is at all material times in possession of all information relevant for determining the nature and extent of any steps which it is requisite for him to take in order to discharge efficiently the duties imposed on him by or by virtue of this Part of this Act.
(2)F2. . . the manager of a mine as such, F3. . .shall [F4not] be guilty of an offence, by virtue of subsection (1) F5. . . of section 152 of the principal Act (which provides among other things that managers may be guilty of an offence where some other person contravenes a particular statutory provision) by reason of a contravention, in relation to a closed tip which is associated with the mine F6. . ., of—
(a)any provision of this Part of this Act, of the principal Act, of any order made thereunder or of regulations; or
(b)a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Part of this Act or the principal Act by an inspector;
(c)a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Part of this Act or the principal Act by [F7the Health and Safety Executive] or an inspector;
[F8(d)a requirement or prohibition imposed by or under health and safety regulations which expressly apply to all mines F6. . ., any class of mines F6. . . to which the mine F6. . . belongs or the mine F6. . ..]
(3)In subsection (2) above, the expression “the manager”, in relation to a mine, includes an under-manager of the mine and any person who is for the time being treated for the purposes of the principal Act as the manager or an under-manager of the mine, F9. . ..
(4)For the purposes of determining whether a tip to which this Part of this Act applies is, or is likely to become, insecure an inspector shall have power to require the owner of the mine F10. . . with which it is associated to furnish such information as the inspector may specify and may by notice served on the owner require him to carry out such procedures or conduct such tests as may be specified in the notice.
(5)In relation to an active tip, the powers of an inspector under subsection (4) above shall include power to require information from, or to serve a notice requiring the carrying out of procedures or the conduct of tests by, the manager of the mine F11. . ., instead of, or as well as, the owner.
(6)The provisions of Part XV of the principal Act with respect to references upon notices served by inspectors shall apply to a notice served by an inspector under this section.
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