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Mines Act (Northern Ireland) 1969

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134Defence available to person charged with offence not committed personally.N.I.

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[F1 the Executive] or an inspector is expressly imposed on that other person; [F2 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.

F1SR 1999/150

F2SR 1980/333

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