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Mines Act (Northern Ireland) 1969

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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

165General savings.N.I.

(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(a)any special regulation made under an enactment repealed by this Act;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notification of accidents or the manner in which persons are to be searched, being an order made under an enactment repealed by this Act or by the Coal Mines Act 1911 [1911 c.50.]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issued, exemption, consent, approval, permission or authority granted or any other thing done under an enactment repealed by this Act;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(2)Any document referring to any Act or enactment repealed by this Act shall be construed as referring to this Act or the corresponding enactment in this Act.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

166Saving for persons managing certain small mines at commencement of this Act.N.I.

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.

167Saving for common law rights of workmen, &c.N.I.

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.



169Short title.N.I.

This Act may be cited as the Mines Act (Northern Ireland) 1969.

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