Mines Management Act 1971

2 Under-managers.

(1) If at a mine to which this section applies—

(a) an under-manager has written instructions from the manager specifying the times when the under-manager is required to be on duty at the mine; and

(b) while those instructions are in force there is any contravention in relation to which section 152(1) of the [1954 c. 70.] Mines and Quarries Act 1954 applies;

then in any proceedings which by virtue of section 152(1) are taken in respect of the contravention against the under-manager as such, it shall be a defence for him to prove—

(i) that the contravention did not take place at a time when he was required by those instructions to be, or was, on duty at the mine as under-manager; and

(ii) that no act or omission of his caused or contributed to the contravention.

(2) Any instructions given to an under-manager for purposes of this section may be varied or cancelled by further written instructions given to him by the manager, but not otherwise.

(3) Where instructions are given for purposes of this section specifying times when an under-manager is required to be on duty at a mine, the manager of the mine shall preserve a copy of the instructions for three years after they cease to be operative; and if he fails to do so, he shall be guilty of an offence.

(4) This section shall apply to mines of any such class or description as may be prescribed, other than a mine the working whereof is unlawful unless there is at least one under-manager.