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An Act to make fresh provision with respect to the management and control of mines and for securing the safety, health and welfare of persons employed thereat; to regulate the employment thereat of women and of young persons and certain other persons under the age of twenty-one years; to enable certain tips to be regulated and to require the fencing of abandoned and disused mines; to amend the Quarries Act (Northern Ireland) 1927; and for purposes connected with the matters aforesaid.
[24th June 1969]
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F1Ss. 1-20 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S.21 rep. by SR 1980/333
Ss. 22-25 rep. by SR 1998/375
Ss. 26, 27 rep. by SR 1980/333
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F2S. 28 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S.29 rep. by SR 1980/333
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F3S. 30 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F4S. 31 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S.32 rep. by SR 1980/333
Ss. 33-35 rep. by SR 1998/375
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F5S. 36 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F6S. 37 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S.38 rep by SR 1980/333
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F7Ss. 39-46 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F7Ss. 39-46 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F7Ss. 39-46 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F7Ss. 39-46 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F7Ss. 39-46 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F7Ss. 39-46 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F7Ss. 39-46 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F7Ss. 39-46 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S.47 rep. by SR 1980/333
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F8S. 48 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F9S. 49 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S.50 rep. by SR 1980/333
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F10Ss. 51-56 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F10Ss. 51-56 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F10Ss. 51-56 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F10Ss. 51-56 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F10Ss. 51-56 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F10Ss. 51-56 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S.57 rep. by SR 1980/333
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F11Ss. 58-62 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F11Ss. 58-62 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F11Ss. 58-62 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F11Ss. 58-62 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F11Ss. 58-62 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S.63 rep. by SR 1980/333
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F12Ss. 64-67 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F12Ss. 64-67 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F12Ss. 64-67 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F12Ss. 64-67 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S.68 rep. by SR 1980/333
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F13S. 69 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S. 70 rep. by SR 1998/375
Ss.71,72 rep. by SR 1980/333
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F14Ss. 73-77 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F14Ss. 73-77 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F14Ss. 73-77 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F14Ss. 73-77 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F14Ss. 73-77 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S.78 rep. by SR 1980/333
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F15S. 79 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F16S. 80 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S. 81(1) rep. by SR 1993/19; subs. (2) rep. by SR 1980/333
S. 82 rep. by SR 1993/19
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F17S. 83 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F18S. 84 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S. 85 rep. by SR 1999/304
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F19Ss. 86-91 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F19Ss. 86-91 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F19Ss. 86-91 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F19Ss. 86-91 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F19Ss. 86-91 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F19Ss. 86-91 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S.92 rep. by SR 1980/333
S. 93 rep. by SR 1992/535
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F20S. 94 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F21S. 95 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S.96 rep. by SR 1980/333
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F22S. 97 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
Ss. 98,99 rep. by SR 1981/339
Ss. 100,101 rep. by SR 1980/333
S. 102 rep. by SR 1981/339
Ss. 103,104 rep. by SR 1980/333
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F23S. 105 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S. 106(1),(2) rep. by 1990 NI 2; subs. (3) rep. by SR 1980/333
S. 107 rep. by SR 1980/333
S. 108-111 rep. by 1990 NI 2
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F24Ss. 112-116 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F24Ss. 112-116 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F24Ss. 112-116 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F24Ss. 112-116 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F24Ss. 112-116 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S.117 rep. by SR 1980/333
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F25S. 118 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F26S. 119 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
Subs.(1)‐(4) rep. by SR 1980/333
F27(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27S. 120(5) repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S.121 rep. by SR 1980/333
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F28S. 122 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
Part IX (ss.123‐125) rep. by 1974 NI 6; SR 1980/333
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F29Ss. 126-128 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F29Ss. 126-128 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F29Ss. 126-128 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
(1)It shall be the duty of the owner of every abandoned mine and of every mine which, notwithstanding that it has not been abandoned, has not been worked for a period of twelve months to secure that the surface entrance to every shaft or outlet thereof is provided with an efficient enclosure, barrier, plug or other device so designed and constructed as to prevent any person from accidentally falling down the shaft or from accidentally entering the outlet and that every device so provided is properly maintained; but this subsection shall not apply to mines which have not been worked for the purpose of getting minerals or products thereof since 9th August, 1872, being mines other than of coal, stratified ironstone, shale or fireclay.
(2)For the purposes of [F30Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011] , each of the following shall be deemed to be a [F31statutory nuisance] liable to be dealt with summarily in manner provided by [F32that Part], that is to say:—
(a)a shaft or outlet of an abandoned mine (other than a mine excepted from the application of subsection (1)) or of a mine (other than as aforesaid) which, notwithstanding that it has not been abandoned, has not been worked for a period of twelve months, being a shaft or outlet the surface entrance to which is not provided with a properly maintained device such as is mentioned in that subsection;
(b)a shaft or outlet of a mine excepted from the application of subsection (1), being a shaft or outlet with respect to which the following conditions are satisfied, namely,—
(i)that its surface entrance is not provided with a properly maintained device such as is mentioned in that subsection; and
(ii)that, by reason of its accessibility from a highway or a place of public resort, it constitutes a danger to members of the public.
(3)Any expenses incurred, by reason of the operation of [F33Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011] , by a person other than the owner (as defined for the purposes of this Act) of a mine for the purpose of abating, or preventing the recurrence of, a nuisance under subsection (2) or in reimbursing a sanitary authorityF34 in respect of the abatement, or prevention of the recurrence, of such a nuisance shall, subject to any agreement to the contrary, be recoverable by that person from the owner (as so defined) of the mine.
F30Words in s. 129(2) substituted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 8(a)(i); S.R. 2012/13, art. 2(2), Sch. 2
F31Words in s. 129(2) substituted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 8(a)(ii); S.R. 2012/13, art. 2(2), Sch. 2
F32Words in s. 129(2) substituted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 8(a)(iii); S.R. 2012/13, art. 2(2), Sch. 2
F33Words in s. 129(3) substituted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 8(b); S.R. 2012/13, art. 2(2), Sch. 2
(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[F35 the Executive] or 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[F35 the Executive];
F36[(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 1 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, every 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.
(2)In the event of a contravention, in relation to a mine, by a person other than one mentioned in subsection (1), of such a provision as is mentioned in paragraph ( a) of that subsection, [F37 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 subsection (1), shall be guilty of an offence.
(3)Neither the manager of a mine as such nor a person who is for the time being treated for the purposes of this Act as the manager of a mine, 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), be guilty of an offence by reason of a contravention by the owner of the mine 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 a duty or requirement or a prohibition; or
(b)any prohibition, restriction or requirement which, by virtue of a notice served under or by virtue of this Act by[F35 the Executive] or an inspector, is expressly imposed on the owner of the mine; [F36 or
(c)any requirement or prohibition expressly imposed by or under such health and safety regulations as are mentioned in paragraph ( d) of subsection (1) of this section on the owner of the mine;]
or of a contravention of section 3.
(1)Without prejudice to the operation of section 8 of the Accessories and Abettors Act 1861 and[F38 Article 59 of the Magistrates' Courts (Northern Ireland) Order 1981], any person who induces or procures, or consents to or connives at, the commission of an offence under this Act, shall be guilty of an offence.
(2)If any persons are employed at a mine otherwise than in accordance with the provisions of this Act, orders made thereunder and regulations, there shall be deemed to be a separate contravention in respect of each person so employed.
(3)If a person acts as manager of a mine in contravention of the provisions of subsection (1) of section 5, of any condition attached to an approval granted under that subsection or of a direction given by a notice served under subsection (2) of that section, there shall be deemed to be a separate contravention in relation to each mine as manager of which he acts.
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F39S. 132 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
(1)A person guilty of an offence under [F40 section 129(1) of] this Act …F41 shall be liable—
(a)if he is the owner of a mine, a person to whom instructions have been given by the owner of a mine in pursuance of section 1, the manager of a mine, a person who is for the time being treated for the purposes of this Act as the manager of a mine, an under-manager of a mine, a person who is for the time being treated for the purposes of this Act as such an under-manager or the surveyor for a mine, to a fine not exceeding two hundred pounds; and
(b)if not, to a fine not exceeding twenty pounds;
(2)Where a person is convicted of an offence under [F40 section 129(1) of] this Act and the contravention in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and shall be liable, in addition to any other penalty, to a fine not exceeding five pounds for each day on which the contravention is so continued.
(3)Where the court by which a person is convicted of any such offence as aforesaid is satisfied that the contravention in respect of which he is convicted—
(a)was likely to cause the death of, or serious bodily injury to, a person employed at the mine in relation to which the contravention occurred or a dangerous accident; or
(b)was likely to endanger the safety of any such person;
the court may impose upon the person convicted (either in addition to, or in substitution for, a fine) imprisonment for a term not exceeding three months.
In any proceedings under this Act which, by virtue of section 130(1), are taken against a person in respect of the contravention by a person other than himself of—
(a)a provision of the Act, of an order made thereunder or of regulations, being a provision which expressly imposes on that other person or on persons of a class to which, at the time of the contravention, he belonged, a duty or requirement or expressly prohibits him or persons of such a class or all persons from doing a specified act; or
(b)a prohibition, restriction or requirement which by virtue of a notice served under or by virtue of this Act by[F42 the Executive] or an inspector is expressly imposed on that other person; [F43 or
(c)a requirement or prohibition imposed by or under health and safety regulations which expressly apply to all mines, any class of mine or a particular mine being a requirement expressly imposed on that person or on persons of a class to which, at the time of the contravention, he belonged, or a prohibition expressly imposed on him or on persons of such class or on all persons from doing a specified act;]
it shall be a defence for the person charged to prove that he used all due diligence to secure compliance with the provision, prohibition, restriction or requirement, as the case may be.
It shall be a defence in any legal proceedings to recover damages and in any prosecution, in so far as the proceedings or prosecution are or is based on an allegation 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[F44 the Executive] or 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[F44 the Executive]; [F45 or
(d)a requirement or prohibition imposed by or under such health and safety regulations as are mentioned in subsection (1)( d) of section 130 of this Act;]
to prove that it was impracticable to avoid or prevent the contravention.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46S. 136 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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[F47 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.
F47SR 1999/150
If a young person is employed at a mine in contravention of the provisions of this Act or regulations, the parent of the young person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding[F48 level 2 on the standard scale] , unless it appears to the court that the contravention occurred without the consent, connivance or wilful default of the parent.
S.139 rep. by SR 1980/333
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F49S. 140 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
(1)Any offence under [F50 section 129(1) of] this Act …F51 be tried …F51 summarily …F51.
Subs.(2)‐(5) rep. by SR 1980/333
No proceedings for an offence under [F52 section 129(1) of] this Act shall be instituted against any such person as is mentioned in section 133(1)( a) except by an inspector or by or with the consent of the Ministry or the Attorney General.
F52SR 1980/333
(1)An owner or manager of a mine by whom are instituted proceedings against a person employed at the mine for an offence under this Act shall, within twenty-one days after the conclusion of the trial of that person for that offence, give to[F53 the Executive] notice of the result of the trial and shall also, within twenty-one days after the conclusion of any proceedings by way of appeal arising out of the trial, give to[F53 the Executive] notice of the result of those proceedings.
(2)For the purposes of this section the bringing of proceedings before the High Court to quash a conviction by order of certiorari shall be deemed to be an appeal.
F53SR 1999/150
For the purposes of any proceedings under this Act in respect of the employment of children in contravention of section 1 of the Employment of Women, Young Persons and Children Act 1920 M1 (which contains provisions that prohibit the employment of children in factories, mines and quarries and, so far as they relate to mines, are incorporated with this Act), the references in section 138 to a young person shall be construed as including references to a child within the meaning of the said section 1.
Marginal Citations
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F54S. 145 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55S. 146 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S.147 rep. by SLR 1976
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F56S. 148 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
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F57S. 149 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
(1)Any power conferred by this Act or regulations [F58 or health and safety regulations which expressly apply to all mines, any class of mine or a particular mine] on[F59 the Executive] or an inspector to grant, give or impose an exemption, consent, approval, authority, direction, requirement, prohibition or restriction or to make a determination shall be construed as including a power exercisable in the like manner and subject to the like conditions, if any, to vary or revoke the exemption, consent, approval, authority, direction, requirement, prohibition, restriction or determination.
(2)Any exemption, consent, approval or authority granted or given under this Act or regulations [F58 or such health and safety regulations] by[F59 the Executive], or by an inspector exercising any function conferred on him under section 120(3), may (subject to any express provision of this Act or regulations [F58 or such health and safety regulations]) be without limit of period or limited so as to expire on a specified date unless renewed, and may be absolute or conditional.
An article of a type for the time being certified or approved by the Minister of PowerF60 for the purposes of the Mines and Quarries Act 1954 M2 or regulations made thereunder shall be treated as certified or approved by[F61 the Executive] for the purposes of this Act or, as the case may be, regulations, unless[F61 the Executive], by notice published in the Belfast Gazette and otherwise brought to the notice of persons concerned in such manner as[F61 the Executive] thinks fit, directs that it shall not be so treated.
S.152 rep. by SR 1980/333
S.153 rep. by SLR 1976
S.154 rep. by SR 1980/333
This Act shall be binding on the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.
(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 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 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.]
F62S. 156 substituted (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 5 para. 1(a)
(1)Subject to the provisions of this section, in this Act the expression “owner” means, in relation to a mine, the person for the time being entitled to work it.
(2)Where the business of a person who, by virtue of the foregoing provisions of this section is, for the purposes of this Act, to be taken to be owner of a mine is carried on by a liquidator, receiver or manager, or by some other person authorised to carry it on by an order of a court of competent jurisdiction, the liquidator, receiver, manager or other person shall be taken for the purposes of this Act to be an additional owner of the mine.
(1)In this Act—
Definition rep. by SR 1981/339
[F63 “central rescue station” means a station providing facilities common to a number of mines for the conduct of fire-fighting and rescue operations;]
“contravention” includes, in relation to—
a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by[F64 the Executive] or an inspector; or
a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by[F64 the Executive] or by an inspector exercising any function conferred on him under section 120(3); [F65 or
a prohibition or requirement imposed by or under health and safety regulations which expressly apply to all mines, any class of mine or a particular mine;]
a failure to comply with the direction, prohibition, restriction, requirement or condition, and the expression “contravene” shall be construed accordingly;
[F64“the Department” means the Department of Economic Development]
“doctor” means a fully registered person within the meaning of[F66 section 55 of the Medical Act 1983];
[F64“the Executive” means the Health and Safety Executive for Northern Ireland]
“gas” includes fume or vapour;
“gravity operated rope haulage apparatus” means rope haulage apparatus worked solely by the action of gravity on a vehicle or vehicles attached to a rope forming part of the apparatus;
“gravity operated winding apparatus” means winding apparatus worked solely by the action of gravity on a part of it in which a load is carried;
[F65 “health and safety regulations” has the meaning assigned to it by Article 17(1) of the Health and Safety at Work (Northern Ireland) Order 1978 [1978 NI 9] ;]
“inset” means, in relation to shaft or outlet of a mine, a heading, chamber or other space driven or excavated from the shaft or outlet, being a heading, chamber or space to which access can only be had from the shaft or outlet and not being a heading, chamber or space the sole or main purpose of the driving or excavation of which is the getting of minerals or products of minerals;
[F63 “inspector” means an inspector appointed by[F64 the Executive] under Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978 for carrying into effect the provisions of the Act of 1969;]
“legal proceedings” includes arbitration;
“mechanically operated rope haulage apparatus” means rope haulage apparatus worked by a stationary engine;
“mechanically operated winding apparatus” means winding apparatus worked by a stationary engine;
“minerals” includes stone, slate, clay, gravel, sand and other natural deposits except peat;
Definition rep. by SR 1999/150
“notice” means a notice in writing;
“parent” means a parent[F67 of a young person or any person who is not a parent of his but who has parental responsibility for him (within the meaning of the Children (Northern Ireland) Order 1995)], and includes, in relation to any young person, a person having direct benefit from his wages;
“permitted lights” means, in relation to a mine or a part of a mine, locked safety-lamps and any other means of lighting the use of which below ground in mines generally, in mines of a class to which that mine belongs or in that mine is authorised by regulations[F68 or health and safety regulations];
“prescribed” has the meaning assigned to it by section 120(5);
“railway company” means any person working a railway that is used for the purposes of public traffic, whether passenger, goods or other traffic;
“regulations”, “general regulations” and “special regulations” have, subject to subsection (5) of section 120 the meanings respectively assigned to them by that subsection;
“road” does not include an unwalkable outlet;
“rope” includes chain;
“rope haulage apparatus” means apparatus for transporting loads in vehicles attached to ropes;
“safety-lamp mine” means a mine in no part of which below ground is the use of lamps or lights other than permitted lights lawful;
“safety-lamp part of a mine” means a part of a mine other than a safety-lamp mine, being a part below ground in which either the use of lamps or lights other than permitted lights is unlawful or safety-lamps are for the time being in use by way of temporary precaution;
“sanitary conveniences” includes urinals, water-closets, earth-closets, ash-pits, privies and any similar convenience;
“shaft” means a shaft the top of which is, or is intended to be, at the surface;
“staple-pit” means a shaft connecting two or more levels of underground working and not connecting any such level directly to the surface, and includes a winze;
“statutory responsibilities” means responsibilities under this Act, orders made thereunder and regulations;
“support rules” has the meaning assigned to it by section 54(1);
“transport rules” has the meaning assigned to it by section 37(1);
“unwalkable outlet” means an outlet which, owing to the gradient thereof or of any part thereof (whether alone or in combination with other circumstances), persons cannot walk up with reasonable convenience;
“winding apparatus” means, in relation to a mine shaft or staple-pit, apparatus for lowering and raising loads through the shaft or staple-pit;
“woman” means a woman who has attained the age of eighteen years;
“young person” means a person who is over compulsory school age but has not attained the age of eighteen years.
F69(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)For the purposes of this Act—
[F70(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.]
F71(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)References in this Act to the use of safety-lamps by way of temporary precaution shall, in relation to a mine, be construed as references to the occasional or intermittent use of locked safety-lamps by workmen employed below ground in the mine in a place in which the use of naked lights might be dangerous and, in relation to a part of a mine below ground, be construed as references to the occasional or intermittent use of locked safety-lamps by workmen employed in that part in such a place.
F63SR 1980/333
F64SR 1999/150
F65SR 1980/333
F68SR 1991/13
F69S. 158(2) repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
F70S. 158(3)(a) substituted (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 5 para. 1(b)
F71S. 158(3)(b) repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
(1)For the purposes of this Act an excavation or system of excavations made for training purposes shall be deemed to be a mine, and the use for those purposes of any premises which are a mine as defined by section 156(1) or are, by virtue of this section, deemed to be a mine shall be deemed, for the purposes of this Act, to constitute the working of the mine; but the Ministry may by order direct that this Act shall, in its application to any such premises as aforesaid which are used exclusively for training purposes, have effect subject to such exceptions, adaptations and modifications as may be specified in the order.
(2)In this section the expression “training purposes” means the purposes of instructing or training below ground persons in, or in any work connected with, mining minerals.
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F72S. 160 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
S. 161 rep. by 1995 NI 12
S.162, with Schedule 4, effects amendments; Subs. (1) rep. by 1983 NI 4
S.163, with Schedule 5, effects repeals
S.164 rep. by SLR 1976; SR 1980/333
(1)Nothing in this Act shall affect—
(a)any special regulation made under an enactment repealed by this Act;
(b)any order with respect to fees, notification of accidents or the manner in which persons are to be searched, being an order made under an enactment repealed by this Act or by the Coal Mines Act 1911 [1911 c.50.] ;
(c)any rule made under section 50 of the said Act of 1911; or
(d)any certificate issued, exemption, consent, approval, permission or authority granted or any other thing done under an enactment repealed by this Act;
but any such regulation, rule or order so made or any certificate, exemption, consent, approval, permission, authority or thing so issued, granted or done shall, if in force at the commencement of this Act and so far as it could have been made, issued, granted or done under this Act, have effect as if it had been so made, issued, granted or done.
(2)Any document referring to any Act or enactment repealed by this Act shall be construed as referring to this Act or the corresponding enactment in this Act.
(3)Any inquiry or formal investigation under section 11 or 83 of the Coal Mines Act 1911 which is uncompleted at the commencement of this Act may be carried on and completed in all respects as if this Act had not passed.
Subs.(4) rep. by 1972 NI 16
A person who, immediately before the commencement of this Act, is, by virtue of subsection (3) of section 2 of the Coal Mines Act 1911, exercising and performing, in relation to a mine of coal, stratified ironstone, shale or fireclay then exempt from the provisions of that section, the powers and duties conferred and imposed by that Act on the manager of a mine, may be manager of that mine or another mine of coal, stratified ironstone, shale or fireclay at any time at which the number of persons employed below ground in the mine does not exceed thirty and no direction is in force with respect to the mine under subsection (2)( b) or subsection (3) of section 4, notwithstanding that he does not possess the qualifications required by this Act for appointment as manager thereof.
No provisions of this Act, or any order made thereunder or of regulations shall be construed as derogating from any rule of law with respect to the duties owed by employers to their employees (including, in particular, but without prejudice to the generality of the foregoing words, the duty to provide a safe system of working), and section 1 shall not be construed as derogating from any obligation imposed by or by virtue of any other provision of this Act upon the owner of a mine.
Commencement
This Act may be cited as the Mines Act (Northern Ireland) 1969.
Schedules 1, 2 rep. by SR 1980/333
Section 127.
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F73Sch. 3 repealed (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 3
Schedule 4—Amendments
Schedule 5—Repeals