Contravention of The Management and Administration of Safety and Health at Mines Regulations 1993

the instrument as a whole of The Management and Administration of Safety and Health at Mines Regulations 1993

Status not determined
Strict liability
Set by another provision
Health and safety, environment, waste and fisheries

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Contravening this instrument is an offence under section 33(1)(c) of the Health and Safety at Work etc. Act 1974. The instrument itself contains no offence-creating words.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds: a person
Conduct: breaching the provision
Fault element: Strict liability
Burden of proof: Not determined

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

Doing what the provision prohibits, or failing to do what it requires under the Management and Administration of Safety and Health at Mines Regulations 1993.

Penalty

Mode of trial: Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine: Not determined
Maximum prison (summary): Not determined

The instrument does not state a penalty itself. It sets one by reference to section 33(1)(c) of the Health and Safety at Work etc. Act 1974.

the penalty is in the parent Act, not in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Environmental offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 July 2014
Covers unauthorised or harmful deposit, treatment or disposal of waste, illegal discharges to air, land and water, and the equivalent offences committed by organisations. It is the guideline that introduced turnover bands for corporate fines, so the size of the defendant company is a starting point rather than a mitigating detail.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status: Status not determined
Made: 28 July 1993
In force from: 1 October 1993
Extent: Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

These Regulations impose a series of requirements and prohibitions relating to the management and administration of safety and health at mines and supersede certain of the provisions formerly imposed by or under the Mines and Quarries Act 1954. In addition to defining the terms used and the scope of the Regulations which apply to all mines, duties are imposed on employers of all employees at work at the mine and on those employees. The regulations in this Part impose general duties on the owner of the mine including a duty to ensure that the mine is managed and worked in accordance with the relevant statutory provisions and that adequate financial and other provisions are made to achieve this. Notification to the Executive is required if working at a mine is commenced or certain events specified in the Regulations occur. The regulations in this Part impose a duty on the owner to appoint a suitably qualified and competent person to be the manager of the mine and specify his authority and duties. They also require the establishment of a suitable management structure for the mine with a view to ensuring that the mine is worked safely and that all persons at work below ground at the mine are under thorough supervision at all times. The regulations in this part also provide for the safe installation and systematic inspection and maintenance of plant and equipment and for adequate inspection of all parts of the mine, in each case, by suitably qualified and competent persons. The regulations in this Part provide for the approval of qualifications and for the issue of certificates of qualification. They also provide for review by the Executive of a refusal to issue a certificate of qualification. The regulations in this Part require persons at work at a mine to have received adequate training and for the appointment of by a suitably qualified and competent person to organise training at the mine in accordance with a suitable scheme. The regulations in this Part require the appointment of a suitably qualified and competent person to be the surveyor for the mine and require him to ensure that suitable accurate plans and sections of the mine are prepared and maintained. The regulations also provide that in the case of a mine which is abandoned the relevant plans etc. are sent to the Executive, the regulations make provision in relation to faulty plans. The regulations in this Part require details of certain appointments at the mine to be sent to the Executive and for the retention of reports and records relating to the mine. They also specify the information that is to be made available to persons at work at the mine in the covered accommodation that is required to be provided. Certain other information is required to be displayed at the mine in the form of notices. The regulations in this Part provide for the Executive to issue under certain circumstances exemptions from the requirements of the Regulations and disapply section 157 of the Mines and Quarries Act 1954 (which provides a defence in legal proceedings and prosecutions in certain circumstances) in relation to the Regulations. With certain exceptions the provisions of the Factories Act 1961 are disapplied in relation to premises forming part of a mine. The regulations in this Part repeal certain provisions of the Mines and Quarries Act 1954 and provide that certain other provisions of that Act shall not apply to mines. The Mines Management Act 1971 is also repealed. The regulations revoke and modify certain instruments made or having effect as if made under that Act and certain other health and safety regulations. The Regulations also require that records and registers required to be kept under provisions repealed and revoked by these Regulations shall continue to be kept as if those provisions had not been repealed and revoked.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Mines (Health And Safety) Commons · 26 October 1993 · Mr. Jack Thompson (Wansbeck)
I am the first member of the mining profession to be called to speak in this debate. Although I hesitate to compete with some of my colleagues who intervened earlier and referred to their 20 years' and 21 years' experience of the industry, I can claim to have 37 years' experience of the industry, particularly on the engineering side on which I want to concentrate. That was my forte and discipline. I spent time as…
Mines (Health And Safety) Commons · 26 October 1993 · Mr. Frank Dobson (Holborn and St. Pancras)
I beg to move, That an humble Address be presented to Her Majesty, praying that the Management and Administration of Safety and Health at Mines Regulations 1993 (S.I., 1993, No. 1897), dated 28th July 1993, a copy of which was laid before this House on 6th August, be annulled. These new regulations were published on 6 August after the House adjourned. They and the code of practice were supposed to come into…
Gleision Mine Commons · 26 November 2014 · Mr Hain
My hon. Friend speaks with great authority as a former leader of the National Union of Mineworkers. The coroner’s inquest was convened and then adjourned, and has never been completed, which has left unanswered questions. The Gleision tragedy was a chilling reminder of a death-strewn mining era long thought consigned to history, and of the fact that short-cut attitudes to health and safety can be fatal. It also…

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.70.

Basis: the penalty comes from the enabling Act rather than from this instrument
Confidence: 0.70 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Management and Administration of Safety and Health at Mines Regulations 1993 Every offence this instrument creates, and its explanatory note
Health and safety, environment, waste and fisheriesOther offences on the same subject
Offences created in 1993