
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.
2 

(1) In the Mines and Quarries Act 1954
(“the 1954 Act”)—

(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are hereby repealed to the extent specified in column 2 of that Part; and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) 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 Mines and Quarries (Tips) Act 1969
(“the 1969 Act”)—

(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Regulations are hereby repealed to the extent specified in column 2 of that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) 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 Mines Management Act 1971
(“the 1971 Act”)—

(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Regulations are hereby repealed to the extent specified in column 2 of that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) the provisions mentioned in 
Part III of Schedule 2 to these Regulations
shall have effect subject to the modifications specified in that Part.
3 
The 
Mines and Quarries (Draft Regulations) Rules 1956 are hereby revoked.
4 

(1) In 
Regulation 5 of the Coal and Other
Mines (Precautions against Inrushes) Regulations 1956, the words from “except”
 to the end of the Regulation are hereby revoked.
(2) 
Regulation 41(2) of the Miscellaneous
Mines (General) Regulations 1956 shall 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 1964 shall 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.
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.
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.
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) an inspector appointed under the 1954
Act;
(b) the inspector for the district;
(c) the chief inspector of mines; or
(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) an inspector appointed by the Health
and Safety Executive under section 19
of the 1974 Act;
(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 purpose of the provision in question;
(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)
PART I

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 “provision
may be made” to “regulations apply, and”
.

Section 42. 
In subsection (4),
the words “subject to any exceptions for which provision may
be made by regulations”, and the words from “and
regulations may provide” to the end of the subsection.
Section
45. In 
subsection (1), the words from “and
provision may be made” 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 “subject to any
exceptions for which provisions may be made by regulations”.


Section 55. 
In subsection (2),
the words from “and regulations may provide” to
the end of the subsection.

Section 60 
Subsection (2) and, in subsection (3)
, the words “or of regulations
having effect by virtue of,” and the words from “and
regulations” 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 “central
rescue station”.

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 “and provision
may be made” 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 “ninety-two”
 and “ninety-six”.
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 “mines of any class”, and the words 
“of that class”.
Section 129.
 The whole section.
Section 138.
 The whole section.
Section 141.
 
Subsections (1) to (4); in 
subsection (5), the words from “in
the provisions” to “repealed by this Act”
.

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 “to (4)”; in 
subsection (7), the words “the
expression `the Ministers”
means the Minister and Minister of Labour and National
Service and”.
Section 190.
 The whole section.
Schedule 1.
 The whole schedule.
Schedule 2.
 The whole schedule.
PART II

Provision of the 1969 Act Extent of Repeal

Section 1. 
Subsection (2).
Sections 8
and 9. The whole section in each case.
PART III

Provision of the 1971 Act Extent of Repeal

Section 1. 
In subsection (3),
the words “155 and 164” and the words “together
with section 9 of the 
Mines and Quarries (Tips) Act 1969”.


Section 3. 
In subsection (1), 
paragraphs (a), (b)
and (c).
SCHEDULE 2
Regulation 2(1)(b), 
(2)(b) and (3)(b)
PART I
1 
In section 1(1)(b)
, after the words “and regulations”
, where they secondly appear, there shall be inserted the words 
“and all requirements or prohibitions imposed by or under the 
Health and Safety at Work etc. Act 1974 or
health and safety regulations”.
2 
In section 10
after the word “regulations”, there shall be inserted
the words “or health and safety regulations” and
after the words “by virtue of this Act”, there
shall be inserted the words “or by health and safety regulations
which expressly apply to all mines, any class of mine to which the mine belongs
or the mine”.
3 
Sections 15, 
19, 20(3) to (5), 
64(2), 74(2), 
84(3), 107, 
112(2), 116(1), 
128(1), 131(1), 
133(1), 136(3), 
137, 147(1), 
149(1), 150, 
152, 157, 
176, 180(4) and 
(5), 182 (definition
of “contravention”) and Schedule 3, paragraphs 3 to 17, shall have
effect as if the references to the Secretary of State were references to the
Health and Safety Executive.
4 
Sections 22, 
24 and 83
shall have effect as if the references to the Secretary of State were omitted.

5 
In section 105(1)
, after the word “regulations”
, there shall be inserted the words “or health and safety
regulations” and after the words “by virtue of
this Act”, there shall be inserted the words “or
by health and safety regulations which expressly apply to all quarries, any
class of quarry to which the quarry belongs or the quarry”.

6 
In section 133(1)
, after the word “regulations”
, there shall be inserted the words “or health and safety
regulations which expressly apply to all mines or quarries, any class of mine
or quarry to which the mine or quarry belongs or the mine or quarry”
.
7 
In section 135
, after the words “
Mines and Quarries (Tips) Act 1969”
there shall be inserted the words “and of the 
Health and Safety at Work etc. Act 1974”
, after the word “regulations,”, there
shall be inserted the words “health and safety regulations,”
 and after the words “under or by virtue of this Act”
 there shall be inserted the words “or the 
Health and Safety at Work etc. Act 1974”
.
8 
In section 141(5)
 after the words “this section”
, there shall be inserted the words “as originally enacted”
.
9 
Section 147(2)
 shall have effect as if, for the word 
“he”, there were substituted the words “the
Secretary of State” and as if the other references to the Secretary
of State were references to the Health and Safety Executive.
10 
In section 148
—
(a) subsections
(2), (3), 
(6) and (7)
shall have effect as if the references to the Secretary of State were references
to the Health and Safety Commission; and
(b) subsection
(4) shall have effect as if, for the word 
“he”, there were substituted the words “the
Secretary of State” and as if the other reference to the Secretary
of State were a reference to the Health and Safety Commission.
11 
In section 149
—
(a) subsection
(4) shall have effect as if the first reference
to the Secretary of State and the third reference to the Mining Qualifications
Board were references to the Health and Safety Commission;
(b) subsection
(5) shall have effect as if the reference to
the Secretary of State were a reference to the Health and Safety Commission;
and
(c) subsection
(6) shall have effect as if the second reference
to the Secretary of State were a reference to the Health and Safety Commission.

12 
In section 152
—
(a) in subsection
(1), after paragraph (c),
the following paragraph shall be inserted:—“
(d) a requirement or prohibition
imposed by or under health and safety regulations which expressly apply to
all mines, any class of mine to which the mine belongs or the mine”.

(b) in subsection
(2), after paragraph (c),
the following paragraph shall be inserted:—“
(d) a requirement or prohibition
imposed by or under health and safety regulations which expressly apply to
all quarries, any class of quarry to which the quarry belongs or the quarry”.

(c) in subsection
(3), for the words from “being
a provision” to “or all persons”,
there shall be substituted in each case the words “or such a
requirement or prohibition as is mentioned in 
paragraph (d) of that subsection, whereby there
is expressly imposed on that person or on persons of a class to which he belongs
a duty or requirement or he or persons of a class to which he belongs or all
persons are expressly prohibited”.
(d) in subsection
(4), after paragraph (b),
the following paragraph shall be inserted:—“
(c) any requirement or
prohibition expressly imposed by or under such health and safety regulations
as are mentioned in paragraph (d) of subsections
(1) and (2)
of this section on the owner of the mine or quarry”.
13 
In section 156
, after paragraph (b),
the following paragraph shall be inserted:—“
(c) a requirement or prohibition
imposed by or under health and safety regulations which expressly apply to
all mines or quarries, any class of mine or quarry or a particular mine or
quarry being a requirement expressly imposed on that person or on persons
of a class to which, at the time of the contravention, he belonged, or a prohibition
expressly imposed on him or on persons of such class or on all persons from
doing a specified act”.
14 
In section 157
, after paragraph (c),
the following paragraph shall be inserted:—“
(d) a requirement or prohibition
imposed by or under such health and safety regulations as are mentioned in 
subsection (1)(d) or (2)(d) of section
152 of this Act”.
15 
Section 173
shall have effect as if any reference to an order were omitted.
16 
There shall be substituted for 
section 174 the following section:—“
174 

(1) The power conferred by 
section 170(8)(b) of this Act on the Secretary
of State to make rules shall be exercisable by statutory instrument which
shall be subject to annulment in pursuance of a resolution of either House
of Parliament.
(2) The provisions of 
section 50 of the Health and Safety
at Work etc. Act 1974 shall apply to the power
mentioned in the preceding paragraph as they apply to a power to make regulations.”.

17 
In section 176
—
(a) in subsection
(1), after the words “regulations”
, there shall be inserted the words “or health and safety
regulations which expressly apply to all mines or quarries, any class of mines
or quarries or a particular mine or quarry”; and
(b) in subsection
(2), after the word “regulations”
, in each case where it appears, there shall be inserted the words 
“or such health and safety regulations”.
18 
In section 182(1)
—
(a) in the definition of “contravention”,
after sub-paragraph (c),
the following sub-paragraph shall be inserted:—“
(d) a prohibition or requirement
imposed by or under health and safety regulations which expressly apply to
all mines or quarries, any class of mine or quarry or a particular mine or
quarry;”
(b) the following definition shall be inserted
before that of “inset”:—“

 `health and safety regulations”
has the meaning assigned by 
section 15(1) of the Health and Safety
at Work etc. Act 1974
”;
(c) for the definition of “inspector”,
there shall be substituted the following definition:—“

 `inspector”
means an inspector appointed by the Health and Safety
Executive under section 19
of the Health and Safety at Work etc. Act 1974
and references in any provision of this Act to the inspector for the district
are references as respects a mine or quarry, to the inspector so appointed
for carrying into effect the provisions of the Mines and Quarries Acts 1954
to 1971 in the district in which the mine or quarry is situated;
”.
19 
In Schedule 3
, paragraph 2
shall have effect as if the first reference to the Secretary of State were
a reference to the Health and Safety Executive.
PART II
20 
In section 2—

(a) in subsections
(3)(b) and (4),
for the words “the Minister may by order”, there
shall be substituted the words “the Health and Safety Executive
may”; and
(b) subsection
(5) shall have effect as if the references
to an order made under subsection (3)(b)
or subsection (4) of the
section were references to a direction given under those provisions.
21 
Sections 3(2)
, 7(2) to (4)
and 10(2) shall have effect
as if the references to the Secretary of State were references to the Health
and Safety Executive.
22 
In section 3(2)
, after paragraph (c),
the following paragraph shall be inserted:—“
(d) a requirement or prohibition
imposed by or under health and safety regulations which expressly apply to
all mines or quarries, any class of mines or quarries to which the mine or
quarry belongs or the mine or quarry.”.
PART III
23 
In section 1(4)(b)
, for the words from “to 118”
 to “and diseases”, there shall be substituted
the words “and 117 of the Mines
and Quarries Act 1954 (notification of accidents
and dangerous occurences)”.