Mines and Quarries Act 1954

Part II E+W+S Delivery up and Custody of Certificates in Connection with Prosecutions and Inquiries

11 E+W+S The holder of any such certificate as is mentioned in section one hundred and fifty of this Act may, after notice of intention to make an application under subsection (1) of the said section one hundred and fifty has been duly served on him, be required by the court dealing with an information or trying an indictment for an offence alleged to have been committed by him, or may be required by a tribunal making inquiry under the said section one hundred and fifty, to deliver up his certificate to the court or, as the case may be, the tribunal at the hearing.

12 E+W+S A certificate so delivered up may be retained by the court or tribunal until the conclusion of the proceedings:

Provided that a certificate delivered up to the court shall be returned to the holder thereof on his making an election under paragraph (b) of the proviso to subsection (1) of the said section one hundred and fifty.

13 E+W+S Where the court or tribunal cancels or suspends a certificate it shall, at the conclusion of the proceedings, send [F1 the Health and Safety Executive] notice thereof and shall also send [F1 the Executive] the certificate for retention by [F1 the Executive].

Textual Amendments

F1 Words substituted by virtue of S.I. 1974/2013, Sch. 2 para. 3

14 E+W+S Where on an appeal (whether by way of case stated or otherwise) the conviction of the holder of the certificate is quashed or the cancellation or suspension thereof is quashed or varied, the court by which the conviction is quashed or the appeal is allowed shall send notice thereof to [F2 the Health and Safety Executive]:

Provided that where on an appeal by way of case stated the High Court remits the matter to a magistrates’ court or [F3 the Crown Court], notice of the order of the court on the remission shall be sent to [F2 the Health and Safety Executive] by the magistrates’ court or [F3 the Crown Court], as the case may be.

Textual Amendments

F2 Words substituted by virtue of S.I. 1974/2013, Sch. 2 para. 3

F3 Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 para. 2

15 E+W+S Where a certificate has been sent to [F4 the Health and Safety Executive] under paragraph 13 of this Schedule [F4 the Executive] shall—

(a) on receipt of a notice that the conviction of the holder thereof, or the cancellation or suspension thereof, has been quashed; or

(b) on the expiration of any period for which the certificate stands suspended (whether after conviction or appeal);

return the certificate to the holder.

Textual Amendments

F4 Words substituted by virtue of S.I. 1974/2013, Sch. 2 para. 3

16 E+W+S For the purposes of this Part of this Schedule, the bringing of proceedings before the High Court to quash a conviction by order of certiorari shall be deemed to be an appeal.