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Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974

As Enacted Cited authorities 11 Cited in Amendments 77 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1974/2013

1974 No. 2013

HEALTH AND SAFETYMINES AND QUARRIES

The Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974

Made 3rd December 1974

Laid before Parliament 11th December 1974

Coming into Operation 1st January 1975

The Secretary of State, in exercise of the powers conferred on him by sections 15(1) and (3)(a) and 82(3)(a) of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) and of all other powers enabling him in that behalf, and after consultation with the Health and Safety Commission and such other bodies as appeared to him to be appropriate, hereby makes the following Regulations:—

Citation, commencement and interpretation

Citation, commencement and interpretation

S-1 These Regulations may be cited as the Mines and Quarries Acts...

1.—(1) These Regulations may be cited as the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 and shall come into operation on 1st January 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

Repeals and modifications—The Mines and Quarries Acts 1954 to 1971

S-2 In the Mines and Quarries Act 1954 (“ the 1954 Act ”)— the...

2.—(1) In the (“”)—

(a)

(a) the provisions mentioned in column 1 of Part I of Schedule 1 to these Regulations are hereby repealed to the extent specified in column 2 of that Part; and

(b)

(b) the provisions mentioned in Part I of Schedule 2 to these Regulations shall have effect subject to the modifications specified in that Part.

(2) In the (“”)—

(a)

(a) the provisions mentioned in column 1 of Part II of Schedule 1 to these Regulations are hereby repealed to the extent specified in column 2 of that Part; and

(b)

(b) the provisions mentioned in Part II of Schedule 2 to these Regulations shall have effect subject to the modifications specified in that Part.

(3) In the (“”)—

(a)

(a) the provisions mentioned in column 1 of Part III of Schedule 1 to these Regulations are hereby repealed to the extent specified in column 2 of that Part; and

(b)

(b) the provisions mentioned in Part III of Schedule 2 to these Regulations shall have effect subject to the modifications specified in that Part.

Revocations and Modifications—instruments under the 1954 to 1971 Acts

Revocations and Modifications—instruments under the 1954 to 1971 Acts

S-3 The Mines and Quarries (Draft Regulations) Rules 1956 are...

3. The Mines and Quarries (Draft Regulations) Rules 19561are hereby revoked.

S-4 In Regulation 5 of the Coal and Other Mines (Precautions...

4.—(1) In Regulation 5 of the Coal and Other Mines (Precautions against Inrushes) Regulations 19562, the words from to the end of the Regulation are hereby revoked.

(2) Regulation 41(2) of the Miscellaneous Mines (General) Regulations 19563shall have effect as if the reference to the Secretary of State were a reference to an inspector.

(3) Regulation 5(8) of the Mines (Medical Examinations) Regulations 19644shall have effect as if the reference to the Secretary of State were a reference to the authority responsible for maintaining the employment medical advisory service.

S-5 Any reference in a provision of a statutory instrument made...

5. Any reference in a provision of a statutory instrument made under the 1954 Act or under the 1954 Act and the 1969 Act, not being a provision mentioned in Regulation 4(2) or (3) of these Regulations, to the Secretary of State shall, except where the context otherwise requires, have effect as if it were a reference to the Health and Safety Executive.

References to Inspectors

References to Inspectors

S-6 References in any provision of an enactment, instrument or...

6. References in any provision of an enactment, instrument or other document to any of the following, that is to say:—

(a) an inspector appointed under the 1954 Act;

(b) the inspector for the district; and

(c) the chief inspector of mines,

shall, except where the context otherwise requires, or where the reference is otherwise expressly amended, be construed as references respectively to—

(a) an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act; and

(b) as respects a mine or quarry, the inspector so appointed for carrying into effect the provisions of the 1954 Act, the 1969 Act and the 1971 Act in the district in which the mine or quarry is situated;

(c) the inspector so appointed who is authorised to act for the purposes of the provision in question.

Supplemental

Supplemental

S-7 These Regulations shall not affect the validity of anything...

7.—(1) 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; and anything which, at the coming into operation of these Regulations, is in process of being done for the purposes of that provision (including in particular any legal proceedings) by or in relation to—

(a)

(a) an inspector appointed under the 1954 Act;

(b)

(b) the inspector for the district;

(c)

(c) the chief inspector of mines; or

(d)

(d) the Secretary of State,

may so far as may be necessary for the purposes, or in consequence of, the provisions of these Regulations, be continued, respectively, by or in relation to—

(a)

(a) an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act;

(b)

(b) as respects a mine or quarry, the inspector so appointed for carrying into effect the provisions of the 1954 Act, the 1969 Act and the 1971 Act in the district in which the mine or quarry is situated;

(c)

(c) the inspector so appointed who is authorised to act for the purpose of the provision in question;

(d)

(d) the Health and Safety Executive.

(2) Without prejudice to paragraph (1) of this regulation, any certificate, exemption, consent, approval, authority, direction, requirement, prohibition or restriction granted, given or imposed for the purposes of any provision modified by these Regulations and in force at the coming into operation of these Regulations shall continue in force as if granted, given or imposed in accordance with that provision as so modified.

(3) Except as provided in regulation 3 of these Regulations, regulations, rules and orders made or having effect under any provision repealed by these Regulations and in force immediately before the coming into operation of these Regulations shall continue in force notwithstanding the repeal of that provision.

(4) Where any of the provisions repealed or modified by these Regulations prescribes a penalty for an offence of any kind, that penalty shall, notwithstanding these Regulations, continue to apply to offences of that kind committed before 1st January 1975.

Eric Varley

Secretary of State for Energy

Michael Foot

Secretary of State for Employment

3rd December 1974

SCHEDULE 1

Regulation 2(1)(a), (2)(a), and (3)(a)

SCHEDULE 1

1 Repeals of the 1954 Act

PART I

Repeals of the 1954 Act

Provision of the 1954 Act

Extent of Repeal

Section 4.

Subsection (4).

Section 12.

Subsection (2).

Section 21.

The whole section.

Section 22.

Subsection (4).

Section 23.

In subsection (2), paragraph (a).

Section 26.

The whole section.

Section 29.

The whole section.

Section 31.

Subsection (3).

Section 32.

The whole section.

Section 35.

In subsection (1), paragraph (a).

Section 38.

The whole section.

Section 39.

In subsection (1), paragraph (i), the words from

to

.

Section 42.

In subsection (4), the words

, and the words from

to the end of the subsection.

Section 45.

In subsection (1), the words from

to the end of the subsection; subsection (2).

Section 47.

The whole section.

Section 49.

Subsection (3).

Section 50.

The whole section.

Section 51.

In subsection (1), the words

.

Section 55.

In subsection (2), the words from

to the end of the subsection.

Section 60

Subsection (2) and, in subsection (3) , the words

and the words from

to the end of the subsection.

Section 63.

The whole section.

Section 68.

Subsection (1).

Section 69.

Subsections (1) and (2).

Section 70.

Subsections (2) and (4).

Section 71.

The whole section.

Section 72.

The whole section except in so far as it assigns a meaning to

.

Section 74.

Subsection (3).

Section 81.

Subsection (2).

Section 84.

Subsection (2).

Section 91.

Subsection (2).

Section 92.

The whole section.

Section 95/.

In subsection (1), the words from

to the end of the subsection.

Section 96.

The whole section.

Section 104.

The whole section.

Section 106.

The whole section.

Section 108.

In subsection (2), paragraph (a).

Section 112.

Subsection (3).

Section 114.

The whole section.

Section 115.

The words

and

.

Section 118 and 119.

The whole section in each case.

Section 121 and 122.

The whole section in each case.

Section 124.

In subsection (2), the words from the beginning of the subsection to

, and the words

.

Section 129.

The whole section.

Section 138.

The whole section.

Section 141.

Subsections (1) to (4); in subsection (5), the words from

to

.

Section 142.

The whole section.

Section 144 and 145.

The whole section in each case.

Section 155.

The whole section except in respect of a contravention of a provision of section 151(1).

Section 161.

The whole section.

Section 163.

Subsection (1) except in respect of a contravention of a provision of section 151(1); subsections (2) to (6).

Section 164.

The whole section except in respect of a contravention of a provision of section 151(1).

Section 172.

The whole section.

Section 175.

The whole section.

Section 177.

The whole section.

Section 184.

Subsections (2) to (4) and (6); in subsection (5), the words

; in subsection (7), the words

.

Section 190.

The whole section.

Schedule 1.

The whole schedule.

Schedule 2.

The whole schedule.
2 Repeals of...

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