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The Mines Regulations 2014

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Regulation 32(7)

SCHEDULE 1Support System Standards for Coal Mines

1.  In the case of face workings where props are used—

(a)the maximum distance between props in the same row must be 1.2 metres;

(b)the maximum distance between adjacent rows of props must be 1.2 metres;

(c)the sum of the distances between the props in the same row and between adjacent rows of props must not exceed 2.1 metres;

(d)the bars must always be used above the props where the extracted height exceeds 0.6 metres; and

(e)the maximum distance between the row of props closest to the face and the face must be—

(i)where an armoured conveyor is used and persons do not normally work on the face side of the conveyor, 2 metres; and

(ii)in all other cases when filling or loading at the face has been completed, 0.9 metres.

2.  In the case of face workings where bars are used—

(a)the maximum distance between adjacent bars in the same row must be 1.2 metres; and

(b)bars must be advanced as soon as practicable after extraction and set so that the maximum distance between the end of the bar closest to the face and the face is 0.4 metres.

3.  In the case of workings where powered supports are used—

(a)such supports must be advanced as soon as practicable after extraction and set so that the maximum distance between the end of the beam closest to the face and the face is 0.5 metres;

(b)during normal production at any place where a machine is used which shears mineral to a depth exceeding 0.4 metres, the machine must not be permitted to approach within 27 metres of any powered support which has not been advanced from the previous cut; and

(c)where an immediate forward support system is used, the supports must be advanced—

(i)as close as practicable behind the coal-getting machine, and

(ii)in any event, no more than 10 metres behind the coal-getting machine.

4.  For the purpose of paragraph 3—

(a)“powered support” means a support which is advanced and set to the roof by mechanical energy;

(b)“beam” means that part of a powered support system designed to be set to the roof; and

(c)“immediate forward support system” means a system of supports designed to be advanced and set to the roof immediately after extraction by a coal-getting machine.

5.  In the case of face workings where packs are used—

(a)the maximum width of roof exposed by the working of mineral since the completion of the last pack must be 2.1 metres; and

(b)the waste edge parallel to the face must be no more than 1.5 metres in advance of the front line of pack bounding that waste.

6.  In the case of face workings where persons work or pass more than 0.9 metres beyond the front row of props or other supports, temporary supports must be used and no person may work more than 0.9 metres from a temporary support.

7.  In this Schedule, “face working”—

(a)in relation to a working face at which supports are systematically withdrawn, means all that part of the mine between the face and the front line of the packs, if any, or the last row of supports for the time being maintained, whichever is the further from the face; and

(b)in relation to a working face at which supports are not systematically withdrawn, means all that part of the mine between the face and a line parallel to it and 3.7 metres from it.

8.  In the case of roadways where props and bars are used as the principal support—

(a)the maximum distance between adjacent bars must be 1.2 metres;

(b)the minimum number of props per bar must be 2; and

(c)the maximum distance from the last bar to the face must be 3.5 metres.

9.  In the case of roadways where steel arches are used as the principal support—

(a)the maximum distance between adjacent arches must be 1.2 metres; and

(b)the maximum distance between the last arch before the face and the face must be 3.5 metres.

10.  In the case of roadways where rockbolts are used as the principal support—

(a)the minimum density of rockbolts in the roof must be 1 bolt per square metre;

(b)the minimum length of rockbolt in the roof must be 1.8 metres; and

(c)the maximum distance between the last completed row of rockbolts and the face must be 3.5 metres.

11.  In the case of roadways where machines are used to cut and simultaneously load, the maximum advance per cycle of any such machine must be 1.2 metres.

12.  In the case of roadways where persons work or pass in front of the last permanent support—

(a)temporary supports must be used; and

(b)the maximum distance between the last permanent support and the first line of temporary supports must be 1.2 metres, except where props are used, when that distance must be 0.9 metres.

13.  For the purpose of this Schedule, “bar” means a support designed to be set between a prop and the roof.

Regulation 62(2)

SCHEDULE 2Content of Geotechnical Assessments

Site survey

1.  An accurate plan, which should be prepared on a scale not less detailed than 1:2500, showing—

(a)the boundaries of the mine or premises on which the mine or tip, or proposed mine or tip, is or is to be situated;

(b)the site of the mine or tip, or proposed mine or tip;

(c)any contiguous land or structures which might be affected by the mine or the tip or proposed mine or tip; and

(d)all mine workings (whether abandoned or not), buried quarry workings, known cave systems, active or former landslips, springs, artesian wells, watercourses and other natural or manmade features including tunnel pipes or culverts which might affect the safety of the mine or tip, or proposed mine or tip, or which might be relevant for the purpose of determining whether mining or tipping operations can be carried out safely,

which plan must be contoured to Ordnance Datum Newlyn(1) at a vertical interval not greater than 5 metres and orientated to and correlated with the Ordnance Survey National Grid and marked with squares corresponding to the 100 metre squares shown on Ordnance Survey sheets on the scale of 1:2500.

Site investigation

2.  A record of all relevant site investigation information including surveys, tests, boreholes and groundwater measurements made for the purpose of the geotechnical assessment together with the results of any testing including the strength of materials within and beneath the tip or within the excavated slope. The record must include any known historical information relevant to the site investigation.

Cross-sections based on site investigations

3.  Sufficient accurate cross sections on a scale not less detailed than 1:1250 of the site of the tip or proposed tip showing the existing ground surface and all relevant superficial materials and bedrock underlying the site and—

(a)any variation in the thickness, level or character of the superficial deposits and bedrock materials based on the site investigation; and

(b)the position of any surface whether natural or manmade which may affect the safety of the tip or proposed tip.

Plans based on site investigation

4.  Plans showing the position of all boreholes, wells and trial pits used in the site investigation and the location and levels of all materials and surfaces which may affect the safety of the tip or proposed tip.

Assumptions made before analysis

5.  A record of any assumptions relevant to the assessment of ground conditions relating to the safety of the tip made by the geotechnical specialist, including a record of any relevant information which was not available when undertaking the assessment.

Findings of analysis

6.  A record of the calculations carried out in order to determine the safety of the tip, including any variables or parameters used in those calculations and the reasons for using them, and the findings of those calculations expressed as the factor of safety or the probability of failure or other recognised basis of assessing stability.

Design coming out of analysis

7.  An accurate plan on a scale not less detailed than 1:2500 recording, in relation to tips or proposed tips, the design of the tip, including the area of land covered or to be covered, the gradients of that land, the designed contours at vertical intervals of not more than 2 metres, the side slopes and boundaries of the tip and the designed position and nature of construction of any wall or other structure retaining or confining the tip.

Requirements during and after construction

8.  A record of—

(a)the nature and extent of the inspection, supervision and safety measures necessary to ensure the safety of the tip;

(b)a specification of necessary engineering works and safety measures; and

(c)the action to be taken regarding defects specified in the report.

Regulation 74(1)

SCHEDULE 3Repeals

PART 1

EnactmentExtent of repeal
Mines and Quarries Act 1954
Section 19In full
Section 28In full
Section 30In full
Sections 36 and 37In full
Sections 39 to 46In full
Sections 55 and 56In full
Sections 58 and 59In full
Sections 61and 62In full
Sections 64 to 67In full
Section 69In full
Sections 73 and 74In full
Section 79In full
Sections 83 and 84In full
Sections 86 and 87In full
Sections 94 and 95In full
Section 97In full
Section 123In full
Section 137In full
Section 141Subsection (5)
Section 143In full
Section 150In full
Section 170In full
Section 171In full
Section 174In full
Schedule 3In full
Mines and Quarries (Tips) Act 1969(2)
Sections 1 to 7In full
Section 10In full
Schedule 1In full
Health and Safety at Work etc. Act 1974The entry relating to the Mines and Quarries (Tips) Act 1969 in Schedule 1

PART 2

EnactmentExtent of repeal
Tribunals and Inquiries Act 1992(3)The entry relating to mines and quarries in Part 1 of Schedule 1
Judicial Pensions and Retirement Act 1993(4)Section 26(8)(b)
Constitutional Reform Act 2005(5)The entries relating to section 150 of the Mines and Quarries Act 1954 in Table 1 of Part 3 of Schedule 14
Tribunals, Courts and Enforcement Act 2007(6)The entry relating to section 150 of the Mines and Quarries Act 1954 in Part 4 of Schedule 6

Regulation 74(2) and (3)

SCHEDULE 4Revocations and partial revocations

PART 1Revocations

  • The Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1975(7)

  • The Mines and Quarries (Metrication) Regulations 1976(8)

  • The Coal Mines (Precautions against Inflammable Dust) Amendment Regulations 1977(9)

  • The Coal and Other Mines (Metrication) Regulations 1978(10)

  • The Daw Mill Mine (Refuge Holes) Regulations 1978(11)

  • The Mines (Precautions against Inrushes) Regulations 1979

  • The Coal and Other Mines (Fire and Rescue) (Amendment) Regulations 1980(12)

  • The Miscellaneous Mines (Metrication) Regulations 1983(13)

  • The Mines (Safety of Exit) Regulations 1988(14)

  • The Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993(15)

  • The Coal Mines (Owner’s Operating Rules) Regulations 1993(16)

  • The Management and Administration of Safety and Health at Mines Regulations 1993

  • The Mines (Shafts and Winding) Regulations 1993(17)

  • The Escape and Rescue from Mines Regulations 1995(18)

  • The Mines Miscellaneous Health and Safety Provisions Regulations 1995(19)

  • The Mines (Control of Ground Movement) Regulations 1999

  • The Coal Mines (Control of Inhalable Dust) Regulations 2007

PART 2Partial revocations

InstrumentExtent of revocation

The Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974(20)

Regulations 2(1)(a), (2) and (3), 3, 4 and 7, Schedule 1 and paragraphs 1, 2, 4 to 11, 12(b), 16 and 19 to 23 of Schedule 2

The Electricity at Work Regulations 1989(21)

Regulation 2(1), the definitions of “firedamp” and “safety-lamp mine”

Regulations 17 to 28 and Schedule 1

The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996Regulation 20(2)(a)
COSHHRegulation 5(1)(a)(i)
DSEARRegulation 3(2)(e)
The Supply of Machinery (Safety) Regulations 2008Regulation 27(2)(a), (c), (d), (e), (h) and (j)
The Health and Safety (Fees) Regulations 2012(22)

Regulation 1(3), the definition of “the mines and quarries provisions”

Regulation 2 and Schedule 1

The Explosives Regulations 2014Regulation 3(8)(f)

Regulation 75

SCHEDULE 5Modifications

PART 1Modifications to primary legislation

1.  In the 1954 Act, for section 180 substitute the following—

Meaning of “mine”

180.(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.

2.—(1) Despite the revocation of the Management and Administration of Safety and Health at Mines Regulations 1993 by regulation 74(2), subsection (3) of section 182 of the 1954 Act continues to have effect subject to the modification in sub-paragraph (2).

(2) For paragraph (a) of that section, substitute—

(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.

3.  In the Mines and Quarries (Tips) Act 1969—

(a)in section 11, for subsection (2) substitute—

(2) For the purposes of this Part of this Act a disused tip is a tip other than one to which the Quarries Regulations 1999 or the Mines Regulations 2014 apply.;

(b)in section 11, after subsection (3) insert—

(3A) In this Part of this Act, “tip” means an accumulation or deposit of refuse from a mine or quarry (whether in a solid state or in solution or suspension) other than an accumulation or deposit situated underground, and where any wall or other structure retains or confines a tip then, whether or not that wall or structure is itself composed of refuse, it is deemed to form part of the tip for the purposes of this Part.

PART 2Modifications to secondary legislation

4.  In the Safety Representatives and Safety Committees Regulations 1977, in regulation 5(4), omit “section 123 of the Mines and Quarries Act 1954 or”.

5.  In the Health and Safety (First Aid) Regulations 1981(23)—

(a)in regulation 2(1), in the definition of “mine”, for “section 180 of the Mines and Quarries Act 1954” substitute “regulation 3 of the Mines Regulations 2014”;

(b)for regulation 8 substitute—

Application to mines

8.(1) Subject to paragraph (2), these Regulations (except regulation 3(3) and (4) and regulation 5) apply to mines.

(2) In their application to mines—

(a)regulation 3(1), (2) and (5) and regulation 4 have effect as if the mine operator were the employer and as if all persons for the time being at work in the mine were the mine operator’s employees; and

(b)regulation 3(2) must be read as if the words “Subject to paragraphs (3) and (4)” were omitted.

(3) In this regulation, “mine operator” has the meaning given by regulation 2(1) of the Mines Regulations 2014.

6.  In the Electricity at Work Regulations 1989—

(a)in regulation 3(1)(24)—

(i)for sub-paragraph (b)(i), substitute—

(i)mine operator, in relation to a mine within the meaning of regulation 3 of the Mines Regulations 2014, and; and

(ii)for “of which he is the manager” substitute “of which he is the mine operator”;

(b)after regulation 3(2), insert—

(3) In this regulation, “mine operator” has the meaning given by regulation 2(1) of the Mines Regulations 2014.;

(c)in regulation 29, for “15, 16 or 25” substitute “15 or 16”.

7.  In the Workplace (Health, Safety and Welfare) Regulations 1992(25), for regulation 3 substitute—

Application of these Regulations

3.(1) These Regulations apply to every workplace but shall not apply to—

(a)a workplace which is or is in or on a ship, save that regulations 8(1) and (3) and 12(1) and (3) apply to such a workplace where the work involves any of the relevant operations in—

(i)a shipyard, whether or not the shipyard forms part of a harbour or wet dock; or

(ii)dock premises, not being work done—

(aa)by the master or crew of a ship;

(bb)on board a ship during a trial run;

(cc)for the purpose of raising or removing a ship which is sunk or stranded; or

(dd)on a ship which is not under command, for the purpose of bringing it under command;

(b)a workplace which is a construction site within the meaning of the Construction (Design and Management) Regulations 2007, and in which the only activity being undertaken is construction work within the meaning of those Regulations, save that—

(i)regulations 18 and 25A apply to such a workplace; and

(ii)regulations 7(1A), 12, 14, 15, 16, 18, 19 and 26(1) apply to such a workplace which is indoors; or

(c)a workplace located below ground at a mine, except that regulation 20 applies to such a workplace subject to the modification in paragraph (7).

(2) Regulation 12 does not apply to a workplace located above ground at a mine that is a tip (within the meaning of regulation 2(1) of the Mines Regulations 2014).

(3) In their application to temporary work sites, any requirement to ensure a workplace complies with any of regulations 20 to 25 shall have effect as a requirement to so ensure so far as is reasonably practicable.

(4) As respects any workplace which is or is in or on an aircraft, locomotive or rolling stock, trailer or semi-trailer used as a means of transport or a vehicle for which a licence is in force under the Vehicles (Excise) Act 1971 or a vehicle exempted from duty under that Act—

(a)regulations 5 to 12 and 14 to 25 shall not apply to any such workplace; and

(b)regulation 13 shall apply to any such workplace only when the aircraft, locomotive or rolling stock, trailer or semi-trailer or vehicle is stationary inside a workplace and, in the case of a vehicle for which a licence is in force under the Vehicles (Excise) Act 1971, is not on a public road.

(5) As respects any workplace which is in fields, woods or other land forming part of an agricultural or forestry undertaking but which is not inside a building and is situated away from the undertaking’s main buildings—

(a)regulations 5 to 19 and 23 to 25 shall not apply to any such workplace; and

(b)any requirement to ensure that any such workplace complies with any of regulations 20 to 22 shall have effect as a requirement to so ensure so far as is reasonably practicable.

(6) As respects any workplace that is a quarry—

(a)regulation 12 only applies to a floor or traffic route that is located inside a building; and

(b)regulation 20 applies to such a workplace subject to the modification in paragraph (7).

(7) In relation to any workplace that is a quarry or located below ground at a mine, the requirement that sanitary conveniences provided under regulation 20 must be at readily accessible places has effect as a requirement that such sanitary conveniences must be, so far as is reasonably practicable, at readily accessible places.

(8) For the purposes of this regulation—

(a)“dock premises” means any dock, wharf, quay, jetty or other place at which ships load or unload goods or embark or disembark passengers, together with neighbouring land or water which is used or occupied, or intended to be used or occupied, for those or incidental activities, and any part of a ship when used for those or incidental activities;

(b)“mine” means a mine within the meaning of regulation 3 of the Mines Regulations 2014;

(c)“relevant operations” means, in relation to a ship, its repairing, refitting, painting and finishing, the scaling, scurfing or cleaning of its boilers (including combustion chambers or smoke boxes) and the cleaning of its bilges or oil-fuel tanks or any of its tanks last used for carrying oil;

(d)“ship” includes all vessels and hovercraft which operate on water or land and water;

(e)“shipyard” means any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted or finished; and

(f)“vessel” means any description of craft used for the transport of goods or passengers or the storage of goods or the accommodation of passengers on water, whether used in navigation or not.

8.  In the Health and Safety (Enforcing Authority) Regulations 1998(26), in regulation 2(1), in the definition of “mine”, for “subsection (5)” substitute “subsection (7)”.

9.  In the Lifting Operations and Lifting Equipment Regulations 1998(27), in regulation 9(5), for “Mines (Shafts and Winding) Regulations 1993” substitute “Mines Regulations 2014”.

10.  In the Ionising Radiations Regulations 1999(28), in regulation 4—

(a)in paragraph (2)—

(i)for sub-paragraph (a) substitute—

(a)the mine operator of a mine (within the meaning of regulation 3 of the Mines Regulations 2014); and; and

(ii)for “of which he is the manager” substitute “of which he is the mine operator”;

(b)after paragraph (3) insert—

(4) In this regulation, “mine operator” has the meaning given by regulation 2(1) of the Mines Regulations 2014.

11.  In PUWER, in regulation 6(5)(d), for “Mines (Shafts and Winding) Regulations 1993” substitute “Mines Regulations 2014”.

12.  In the Quarries Regulations 1999(29), in regulation 3(1)(c), for “regulation 2(3) of the Management and Administration of Safety and Health at Mines Regulations 1993” substitute “regulation 2(2) of the Mines Regulations 2014”.

13.  In the Pressure Systems Safety Regulations 2000(30), in regulation 2(1), in the definition of “user”, for paragraph (a) substitute—

(a)a mine within the meaning of regulation 3 of the Mines Regulations 2014 it means the mine operator (within the meaning of regulation 2(1) of those Regulations) for the time being of that mine;.

14.  In the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006(31), in regulation 2, in the definition of “mine”, for “subsection (5)” substitute “subsection (7)”.

15.  In the REACH Enforcement Regulations 2008(32), in Part 1 of Schedule 3, in paragraph 1(m)(i), for “subsection (5)” substitute “subsection (7)”.

16.  In the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013(33)—

(a)in regulation 2(1), for the definition of “mine” substitute—

“mine” has the meaning given by regulation 3 of the Mines Regulations 2014 and for the purposes of these Regulations includes a tip within the meaning of regulation 4(3)(b) of those Regulations which is associated with such a mine;;

(b)in regulation 2(1), in the definition of “workmen’s inspectors”, for “section 123 of the 1954 Act” substitute “regulation 5 of the Safety Representatives and Safety Committees Regulations 1977 in relation to a mine”;

(c)in regulation 3(2)(a), for “the manager of that mine” substitute “the mine operator (within the meaning of regulation 2(1) of the Mines Regulations 2014) of that mine”;

(d)in regulation 13(4)(a), for “regulation 10(1) of the Management and Administration of Safety and Health at Mines Regulations 1993” substitute “regulation 10(1) of the Mines Regulations 2014”;

(e)in Part 3 of Schedule 2—

(i)in paragraph 29, for “regulation 11(1) of the Coal and Other Mines (Fire and Rescue) Regulations 1956 or section 79 of the 1954 Act” substitute “an escape and rescue plan within the meaning of regulation 54 of the Mines Regulations 2014”;

(ii)in paragraph 40, for “regulation 4 of the Mines (Safety of Exit) Regulations 1988” substitute “regulation 51 of the Mines Regulations 2014”; and

(iii)in paragraph 43, for “Part 1 of the 1969 Act applies” substitute “the Mines Regulations 2014 apply”.

17.  In the Reservoirs Act 1975 (Exemptions, Appeals and Inspections) (England) Regulations 2013(34), in regulation 3(1)(a), for “Part 1” substitute “Part 2”.

18.  In the 2014 Regulations—

(a)in regulation 2(1)—

(i)in the definition of “police force”, for “regulations 3(9)(e) and (8)(b)”, substitute “regulations 3(10)(b) and (11)(e)”; and

(ii)in the definition of “small arms”, for the letters (c), (d) and (e) which introduce the paragraphs within that definition, substitute, respectively, (a), (b) and (c);

(b)in regulation 3(10), after “23” insert “, 27”;

(c)in regulation 16(6), for “paragraph (1)”, substitute “paragraph (5)”;

(d)in regulation 31(1)(c), insert “relevant” before “explosive”;

(e)in regulation 47(11), after “the 2005 Regulations” insert “as if those Regulations had not been revoked by these Regulations”;

(f)for paragraph 1(b) of Schedule 1, substitute—

(b)the Executive where the explosives are to be stored—

(i)on the surface at a mine, whether in a building or not;

(ii)below ground at a mine; or

(iii)within a harbour;

(g)in Table 2 of Schedule 5, for the last entry in column 1, namely “90000 – 10000”, substitute “90000 – 100000”; and

(h)in paragraph 1(2) of Schedule 11, for “paragraphs 2 to 12 or 14”, substitute “paragraphs 2 to 14 or, to the extent that it relates to regulation 8, paragraph 15”.

(1)

Ordnance Datum Newlyn is the national height system for mainland Great Britain and forms the reference frame for heights above mean sea level (ordnancesurvey.co.uk).

(23)

S.I. 1981/917. Regulation 8 was modified by S.I. 1993/1897.

(24)

Regulation 3(1)(b) was substituted by S.I. 1999/2024.

(25)

S.I. 1992/3004; in respect of which relevant amendments were made by S.I. 1995/2036, 2007/320 and 2013/448.

(26)

S.I. 1998/494. The definition of “mine” was amended by S.I. 2006/557.

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