(1)No mechanically or gravity operated winding apparatus with which a mine shaft or staple-pit is provided and no mechanically or gravity operated rope haulage apparatus at a mine shall be operated on any occasion when persons are carried by means thereof except by a competent . . . F1person who has attained the age of twenty-two years appointed by the manager of the mine to operate it on such an occasion; and accordingly it shall be the duty of the manager of every mine to appoint such number (if any) of competent . . . F1persons as may be sufficient to secure compliance with the foregoing provisions of this subsection.
(2)It shall be the duty of the manager of every mine to and from which persons gain ingress and egress by being carried through a shaft or unwalkable outlet by means of mechanically or gravity operated winding or rope haulage apparatus, or in which persons gain access to a part thereof by being carried through a staple-pit by means of mechanically or gravity operated winding apparatus, to make, and to secure the efficient carrying out of, arrangements whereby, so long as any person is below ground in the mine who it is intended should come out through that shaft, outlet or staple-pit, a person appointed under this section is in attendance at the mine for the purpose of operating the apparatus aforesaid provided for carrying persons through that shaft or outlet or, as the case may be, that staple-pit.
(3)An inspector may serve on the manager of a mine a notice requiring him to secure that, at such times as may be specified in the notice, a person who, in pursuance of arrangements made under the last foregoing subsection, is in attendance at the mine is not charged with the duty of operating more than one set of mechanically or gravity operated winding or rope haulage apparatus.
(4) . . . F2, no person appointed under this section shall be employed at a mine of coal, stratified ironstone, shale or fireclay for more than eight hours in any day on which his duties consist of, or include, the operation, when persons are carried by means thereof, of mechanically or gravity operated winding apparatus with which a shaft is provided, . . . F2
Textual Amendments
F1Word repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 9(1), 29(4), Sch. 7 Part II
F2Words repealed by S.I. 1974/2013, Sch. 1 Pt. I
Modifications etc. (not altering text)
C1By S.I. 1993/302 regs. 1, 22(2), it is provided (1.4.1993 except in so far as those regulations apply to mines of tin or tin ore and 1.1.1996 in so far as they do apply to mines of tin or tin ore) that s. 42 shall cease to have effect in relation to shafts (as defined in reg. 2(1) of those regulations).
(1)No mechanically or gravity operated winding apparatus with which a mine shaft or staple-pit is provided shall be operated on an occasion when no persons are carried by means thereof except by, or under the constant supervision of, a competent . . . F3person who has attained the age of twenty-one years.
(2)No mechanically or gravity operated rope haulage apparatus at a mine shall be operated on any such occasion as aforesaid except by, or under the constant supervision of, a competent . . . F3person who has attained the age of eighteen years.
Textual Amendments
F3Word repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 9(1), 29(4), Sch. 7 Part II
No conveyor shall be operated along a working face in a mine except by, or under the constant supervision of, a competent . . . F4person who has attained the age of eighteen years.
Textual Amendments
F4Word repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 9(1), 29(4), Sch. 7 Part II
(1)There shall be provided and maintained—
(a)in connection with every mine shaft provided with winding apparatus, being a shaft in the case of which the distance between the highest and lowest entrances thereto for the time being in use exceeds [F515 metres], effective means of transmitting audible and visible signals from each entrance to the shaft for the time being in use to the place at which the winding apparatus is operated;
(b)in connection with every unwalkable outlet at a mine, being an outlet which is provided with rope haulage apparatus and in the case of which the distance between the terminal surface entrance thereto and the terminal underground entrance thereto exceeds [F515 metres], effective means of transmitting audible and visible signals from each entrance to the outlet for the time being in use to the place at which the haulage apparatus is operated;
. . . F6
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
(3)For the purposes of this section—
(a)so much of any superstructure provided at the top of a mine shaft as forms an extension thereof shall be deemed to form part of the shaft, and so much of a line of rails running through an outlet as lies between the point at which the outlet reaches the surface and the surface terminus of the line shall be deemed to form part of the outlet;
(b)the expression “entrance”, in relation to an outlet, includes any place at which vehicles stop for the purpose of loading or unloading; and
(c)the expressions “terminal surface entrance” and “terminal underground entrance”, in relation to an outlet, mean, respectively, the surface entrance thereto or, if there is more than one, that one for the time being in use which is furthest from the point at which the outlet reaches the surface and the underground entrance thereto for the time being in use which is furthest from that point.
Textual Amendments
F5Words substituted by S.I. 1976/2063, Sch. Pt. I
F6Words repealed by S.I. 1974/2013, Sch. 1 Pt. I
F7Ss. 38, 45(2), 47 repealed by S.I. 1974/2013, Sch. 1 Pt. I
Where rope haulage apparatus or a conveyor is installed in a road in a mine or is so installed at a mine as to permit of its operation in a road therein, then, if the length of the part of that road through which vehicles can move as part of that apparatus or, as the case may be, through which loads can be carried by means of that conveyor, exceeds [F825 metres], there shall be provided and maintained effective means of transmitting signals from every point throughout that part of that road, to the place at which the apparatus or, as the case may be, the conveyor is operated.
Textual Amendments
F8Words substituted by S.I. 1976/2063, Sch. Pt. I
Textual Amendments
F9Ss. 38, 45(2), 47 repealed by S.I. 1974/2013, Sch. 1 Pt. I