The Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1975

Statutory Instruments

1975 No. 1102

HEALTH AND SAFETY MINES AND QUARRIES

The Mines and Quarries Acts 1954 To 1971 (Repeals and Modifications) Regulations 1975

Made

30th June 1975

Laid before Parliament

15th July 1975

Coming into Operation

4th August 1975

The Secretary of State in exercise of the powers conferred on him by section 15(1) and (3)(a) of the Health and Safety at Work etc. Act 1974 and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission after the carrying out by the said Commission of consultations in accordance with section 50(3) of the said Act, hereby makes the following Regulations:—

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1975 and shall come into operation on 4th August 1975.

(2) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

Repeals and Modifications—the Mines and Quarries Acts 1954 to 1971

2.—(1) In the Mines and Quarries Act 1954, the provisions mentioned in column 1 of Schedule 1 to these Regulations are hereby repealed to the extent specified in column 2 of that Schedule.

(2) In the Mines and Quarries (Tips) Act 1969, section 2(4) shall have effect as if the remaining reference to the Secretary of State were a reference to the Health and Safety Executive.

(3) In the Mines Management Act 1971, section 1(7) shall have effect as if the reference to the Secretary of State were a reference to the Health and Safety Executive.

Revocations—Regulations under the Mines and Quarries Act 1954

3.  The provisions of regulations made under the Mines and Quarries Act 1954 mentioned in column 1 of Schedule 2 to these Regulations are hereby revoked to the extent specified in column 3 of that Schedule.

Supplemental

4.  These Regulations shall not affect the validity of anything done under any provision of an enactment or instrument repealed or modified by these Regulations before the coming into operation of these Regulations.

Tony Benn

Secretary of State for Energy

Michael Foot

Secretary of State for Employment

30th June 1975

Regulation 2

SCHEDULE 1 REPEALS OF THE MINES AND QUARRIES ACT 1954

Provisions	Extent of Repeal
Section 27.	The whole section.
Section 34.	Sub-section (2).
Section 35.	Sub-sections (2) to (4).
Section 49.	Sub-section (2).
Section 57.	The whole section.
Section 62.	In sub-section (3), paragraph (c); sub-section (4).
Section 68.	Sub-section (2).
Section 78.	The whole section.
Section 146.	The whole section.

Regulation 3

SCHEDULE 2 REVOCATIONS OF REGULATIONS UNDER THE MINES AND QUARRIES ACT 1954

Regulations	References	Extent of revocation
Coal and Other Mines (Managers and Officials) Regulations 1956.	S.I. 1956/1758 (1956 I, p.1212).	Regulations 10 (3) and (4) and 13 (2) and (3).
Coal and Other Mines (Ventilation) Regulations 1956.	S.I. 1956/1764 (1956 I, p.1295).	Regulation 20(2).
Coal and Other Mines (Electricity) Regulations 1956.	S.I.1956/1766(1956 I, p.1314).	In Regulation 2 (1), the words from “and an inspector” to the end of the paragraph.
Coal Mines (Clearances in Transport Roads) Regulations 1959.	S.I. 1959/1217 (1959 I, p.1754).	Regulation 8.
Coal Mines (Explosives) Regulations 1961.	S.I. 1961/854 (1961 II, p.1661).	Regulation 7(4) and (5); in Regulation 37 (1), sub-paragraph (b) and the following sub-paragraph; and Regulation 45 (3), (4) and (5).
Coal and Other Mines (Mechanics and Electricians) Regulations 1965.	S.I. 1965/1559 (1965 II, p.4557).	Regulation 7 (2) and (3).
Coal and Other Mines (Support) Regulations 1966.	S.I. 1966/881 (1966 II, p.2070).	In Regulation 12, in paragraph (2), the words from “not being a place” to “paragraph (8) of this regulation” and paragraphs (8) and (9); and in Regulation 16, paragraph (3)(b) and paragraphs (9) and (10).

EXPLANATORY NOTE

These Regulations contain repeals of provisions of the Mines and Quarries Act 1954 and regulations made thereunder. They are made in consequence of the coming into operation on 1st April 1975 of sections 2 to 9 (general duties) of the Health and Safety at Work etc. Act 1974 which extends the operation of sections 21 (improvement notices) and 22 (prohibition notices) to cases to which the superseded provisions applied. They also supplement the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 by substituting, for a reference to the Secretary of State, a reference to the Health and Safety Executive in section 2(4) of the Mines and Quarries (Tips) Act 1969 and section 1(7) of the Mines Management Act 1971.