(1)Subject to the provisions of this section, it shall not be lawful for any persons to be employed below ground in a mine of coal, stratified ironstone, shale or fireclay unless there are available, for affording to them alternative, and ready, means of ingress and egress, two shafts or outlets (whether belonging exclusively to that mine or not) which, except where they were sunk before the first day of January, eighteen hundred and sixty-five, are at no point separated from each other by less than [F215 metres] or (where the sinking thereof began before the first day of January, eighteen hundred and eighty-eight) ten feet.
(2)Where the employment of persons in an area consisting of the whole or any part of a mine below ground would, apart from the following provisions of this subsection be, by virtue of the foregoing subsection, unlawful in consequence of a shaft or outlet having, as a result of an accident or breakdown, become unavailable for affording to persons employed in that area ready means of ingress and egress, but the manager of the mine is satisfied with respect to that area or any part thereof that persons employed in that area or, as the case may be, that part thereof will not for the time being be exposed to undue risk by reason of that shaft or outlet being unavailable as aforesaid, then if he—
(a)posts in a conspicuous position at the mine a notice specifying the accident or breakdown and the said area and stating that he is satisfied as aforesaid with respect to that area or, as the case may be, that part thereof and the reason why he is so satisfied; and
(b)sends, by the quickest means available, to the inspector for the district and the person, if any, for the time being nominated under the provisions of [F3the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985]relating to the notification of accidents to receive on behalf of the persons employed at the mine notices under the said provisions, a message to the like effect as the notice mentioned in the foregoing paragraph;
there shall be excepted from the operation of the foregoing subsection—
(i)the employment in that area or, as the case may be, that part thereof, until the end of his period of work, of any person who was below ground in the mine at the time of the accident or breakdown;
(ii)the employment in that area or, as the case may be, that part thereof, until the expiration of the period of twenty-four hours beginning with the time at which the accident or breakdown occurred, of any person in work necessary for securing the safety of the mine or the welfare of animals employed therein or rendering that shaft or outlet again available for the purpose for which it was available immediately before the accident or breakdown:
Provided that nothing in paragraph (i) or (ii) of this subsection shall authorise the employment of any person at any time after the receipt by the manager of the mine of notification from an inspector that, in his opinion, that person should be withdrawn from the area or part of the area in question.
(3) . . . F4 an inspector, upon an application in that behalf made to him with respect to a mine, may, by notice served on the manager of the mine, exempt from the operation of subsection (1) of this section the employment of persons below ground in the mine or in such part of the mine below ground as may be specified in the notice:
Provided that no exemption shall be granted under this subsection by . . . F4 an inspector unless . . . F4 the inspector, . . . F4, is satisfied that no persons employed in the mine will be exposed to undue risk in consequence of the granting of the exemption.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(5)In any claim against the owner or manager of a mine for damages, being a claim arising out of an accident caused by a decision of the manager made for the purposes of subsection (2) of this section, the defendant shall, unless he proves that the manager was not negligent in making that decision, be liable in all respects as if the plaintiff had proved that the manager was negligent in making that decision.
(6)For the purposes of this section a shaft or unwalkable outlet at a mine provided with apparatus for carrying persons through the shaft or outlet shall be deemed not to be available to a person employed below ground in the mine for affording to him means of ingress and egress if that apparatus is not available for use by him.
(7)In the application of this section to Scotland, for references to a plaintiff and a defendant there shall respectively be substituted references to a pursuer and a defender.
(8)Nothing in this section shall apply to the employment of persons in a shaft or outlet or in the insets of a shaft or outlet.]
Textual Amendments
F1Ss. 22–25, 33–35 repealed (1.4.1989, in part, and 1.4.1994, fully) by S.I. 1988/1729, regs. 1(1), 12(1)(a)
F2Words substituted by S.I. 1976/2063, reg. 3(1), Sch. 1 Pt. II except as to shafts sunk, or as the case may be, lengths of road made before 1.2.1977
F3Words substituted by virtue of S.I. 1985/2023, reg. 13(1), Sch. 7 Pt. III para. 1(a)
F4Words omitted by virtue of S.I. 1974/2013, Sch. 2 para. 4
F5Ss. 4(4), 12(2), 21, 22(4), 26 repealed by S.I. 1974/2013, Sch. 1 Pt. I
(1)So long as, in a mine of coal, stratified ironstone, shale or fireclay, more than one shaft or outlet is available to any persons employed below ground in the mine for affording to them means of ingress and egress, there shall be provided and maintained between—
(a)each entrance to each shaft or outlet that is available to those persons for that purpose, being an entrance whereby those persons gain access to the shaft or outlet from the workings; and
(b)some point or points on another shaft or outlet so available;
a communication following a reasonably short and reasonably convenient route.
(2)The height of every communication provided in pursuance of the foregoing subsection shall be maintained throughout at not less than [F71.5 metres] and the width of every such communication shall be maintained throughout at not less than [F71.2 metres]:
Provided that—
(a) . . . F8
(b)if an inspector is satisfied that, owing to special circumstances affecting a particular mine of coal, stratified ironstone, shale or fireclay, it is inadvisable for reasons of safety or unnecessary, in the case of all or any of the communications provided as aforesaid therein, for the minimum height or width, or height and width, thereof to be as great as provided by the foregoing provisions of this subsection, he may, be notice served on the manager of the mine, direct that those provisions shall have effect in their application to those communications or to such of them as may be specified in the notice, with the substitution, for the minimum specified in the said provisions in relation to height, that so specified in relation to width or both of those minima, as the case may be, of such less minimum or minima as may be specified in the notice.]
Textual Amendments
F6Ss. 22–25, 33–35 repealed (1.4.1989, in part, and 1.4.1994, fully) by S.I. 1988/1729, regs. 1(1), 12(1)(a)
F7Words substituted by S.I. 1976/2063, Sch. Pt. I
F8S. 23(2)(a) repealed by S.I. 1974/2013, Sch. 1 Pt. I
(1)Subject to the provisions of this section, it shall not be lawful for more than nine persons to be employed at any time below ground in a mine of coal, stratified ironstone, shale or fireclay in a place from which there are not two ways each of which—
(a)leads to a different shaft or outlet, being a shaft or outlet provided for affording to persons employed at that place means of ingress and egress;
(b)is entirely separate from the other;
(c)is traversable with safety and reasonable convenience;
(d)at each junction thereof with another way has clearly marked on it the shaft or outlet to which it leads; and
(e)if it is so prescribed, is of a height or width, or height and width, not less than such as may be prescribed;
or for more than nine persons in the aggregate to be so employed in two or more such places from none of which can egress to the surface be had otherwise than by traversing a common junction.
(2)As respects a particular mine of coal, stratified ironstone, shale or fireclay, provision may be made by regulations or by a notice served by . . . F10 an inspector on the manager of the mine—
(a)for exempting the mine or any specified place therein from all or any of the requirements of the foregoing subsection;
(b)for directing that the foregoing subsection shall, in its application to the mine or to any specified place therein, have effect with the substitution, for references to nine persons, of references to such greater number of persons (not exceeding thirty) as may be specified in the regulations or notice:
Provided that no such provision as aforesaid shall be made with respect to a mine by . . . F10 an inspector unless . . . F10 the inspector, . . . F10, is satisfied that no persons employed in the mine will be exposed to undue risk or inconvenience in consequence of the making of such provision.
(3)Nothing in this section shall apply to the employment of persons in a shaft or outlet.]
Textual Amendments
F9Ss. 22–25, 33–35 repealed (1.4.1989, in part, and 1.4.1994, fully) by S.I. 1988/1729, regs. 1(1), 12(1)(a)
F10Words omitted by virtue of S.I. 1974/2013, Sch. 2 para. 4
(1)It shall not be lawful for a number of persons greater than the permitted number to be employed at any time at a mine of coal, stratified ironstone, shale or fireclay in a shaft or outlet:
Provided that, in relation to an outlet (not being an unwalkable outlet), this subsection shall not apply to any part thereof lying between the surface entrance thereto and any point therein from which a communication leads to another outlet or to a shaft, being an outlet or shaft available to persons employed in the said part for affording to them means of ingress and egress.
(2)For the purposes of this section—
(a)the permitted number, in relation to a shaft or outlet, shall be twenty or such greater number (not exceeding thirty) as may be determined by an inspector by notice served on the manager of the mine;
(b)the insets of a shaft or outlet shall be deemed to form part of the shaft or outlet; and
(c)subsection (6) of section twenty-two of this Act shall apply as it applies for the purposes of that section.
(3)Nothing in this section shall be construed as prejudicing the operation of the last foregoing section in relation to the employment of persons in individual insets of a shaft or outlet.]
Textual Amendments
F11Ss. 22–25, 33–35 repealed (1.4.1989, in part, and 1.4.1994, fully) by S.I. 1988/1729, regs. 1(1), 12(1)(a)
Textual Amendments
F12Ss. 4(4), 12(2), 21, 22(4), 26 repealed by S.I. 1974/2013, Sch. 1 Pt. I
Textual Amendments
F13S. 27 repealed by S.I. 1975/1102, Sch. 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14S. 28 repealed (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 3 Pt. 1 (with reg. 1(3))