Mines Management Act 1971
| Year | 1971 |
Mines Management Act 1971
1971 CHAPTER 20
An Act to amend the law as to the management and control of mines by making provision with respect to the appointment of persons to assist the manager of a mine in the discharge of his statutory responsibilities, and with respect to under-managers, and for purposes connected therewith.
[8th April 1971]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Managers' assistants.
(1) The owner of a mine of any such class or description as may be prescribed may appoint, in addition to the manager and any under-manager, one or more persons to assist the manager in the management and control of the mine by carrying out such duties as may be assigned to them by the manager; and in determining what officials and others require to be appointed by the manager under section 13 of the Mines and Quarries Act 1954 account shall be taken of activities undertaken in person by persons appointed under this subsection as if those activities were undertaken in person by the manager.
(2) Subject to the provisions of this section, a person appointed by the owner of a mine under subsection (1) above may, by written instructions given to him by the manager, be given (in relation either to the whole mine or to any specified part of it) such statutory responsibilities of the manager as may be specified in the instructions, and for the discharge of those responsibilities shall, subject to anything to the contrary in the instructions, have the same authority over other persons as the manager has; and any such instructions may be varied or cancelled by further written instructions so given, but not otherwise.
(3) In section 3(2) and (3) of the Mines and Quarries Act 1954 (which relate to the rights of a mine manager with respect to instructions given by or on behalf of the owner) any reference to an under-manager shall include a manager's assistant; and sections 152, 155 and 164 of that Act, together with section 9 of the Mines and Quarries (Tips) Act 1969 (which relate to the liability of the manager of a mine and others for contraventions of the Mines and Quarries Acts 1954 and 1969 and of regulations etc.) shall apply to a manager's assistant at a mine as they apply to the manager.
In this subsection ‘manager's assistant’ means a person having written instructions under subsection (2) above, but the references to a manager's assistant do not apply to any such person in relation to a matter or to a part of the mine to which those instructions do not extend.
(4) There shall be excepted from the statutory responsibilities that may be given to a person by instructions under subsection (2) above—
(a ) responsibility for the making of any appointment; and
(b ) responsibility for the...
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