UK Offence Report

Contravention of The Mines Regulations 2014

the instrument as a whole of The Mines Regulations 2014

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 This is the text as originally made; later amendments are not shown here.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.

  1. Doing what the provision prohibits, or failing to do what it requires under the Mines Regulations 2014.

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.

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
8 December 2014
In force from
6 April 2015
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

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

The Mines Regulations 2014 (the “Regulations”) consolidate and modernise the law on health and safety in mines in Great Britain. The Regulations implement, as regards Great Britain, Council Directive 1992/104/EEC on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries. In Part 1, regulation 2 defines terms for the purposes of the Regulations, with “mine” being defined in regulation 3. This definition is consistent with the definition of “mine” which is being substituted for the definition in section 180 of the Mines and Quarries Act 1954 by regulation 75 and Schedule 5. Part 2 of the Regulations makes general provision for health and safety management. The mine operator is the main duty holder under the Regulations. “Mine operator” is defined in regulation 2 as the person who is in control of the operation of the mine, or who proposes to control its operation, if the mine has not yet been constructed. Part 2 contains a number of duties, including a duty to notify the Health and Safety Executive (“HSE”) about the commencement of mining operations or the abandonment of a mine (regulation 6), a duty to have a health and safety document (regulation 9) and a duty to have an appropriate management structure in place (regulation 10). Regulations 14 and 15 make provision for the inspection of the mine and plant and equipment. Regulation 16 requires the mine operator to keep a record of every person who goes below ground and regulation 17 ensures that danger areas are clearly identified. Regulation 18 enables safety representatives to provide reports to HSE and the mine operator if there is an imminent risk of personal injury. Part 3 contains duties relating to the control of major hazards at the mine. The mine operator must have in place a fire protection plan (regulation 20) and also, in the case of mines likely to experience a flammable or explosive atmosphere, arrangements to detect the presence, and reduce the level of, flammable gas (regulations 22 and 23). Explosives must be transported, stored, handled and used safely and securely (regulations 28 to 31). Regulation 32 requires the mine operator to assess the risks from ground movement and to take measures to ensure that the mine is kept safe. Schedule 1 contains standards that, if met, are evidence that a coal mine has taken sufficient ground control measures to address any risks identified. Under regulations 33 to 35, inrushes of gas, water or other materials that flow when wet must be prevented. There are provisions (in regulations 36 to 40) about shafts and winding apparatus. In regulations 41 and 42 the mine operator is placed under duties with regard to transport systems. Part 4 of the Regulations contains duties with regard to ventilation at the mine. Part 5 of the Regulations sets out requirements relating to the mine environment. Regulations 44 and 45 concern the prevention or reduction of exposure to inhalable dust in coal mines. Regulations 46 and 47 impose duties on the mine operator with regard to lighting. Part 6 makes provision for safe exit, escape and rescue from the mine. These include requirements (in regulations 48 and 49) with regard to exits from the mine, ways out from places of work within the mine and (in regulation 50) emergency routes and doors. Regulation 51 provides for back up equipment in case any equipment that is used to leave the mine becomes unavailable or breaks down and regulation 52 makes provision for materials in the construction of intake airways to be fire resistant. Regulation 53 contains the duties of the mine operator with regard to escape and rescue. Regulation 54 makes provision about escape and rescue plans. Regulation 55 requires there to be suitable equipment available for use for escape and rescue purposes. Regulation 56 sets out requirements with regard to staff training, safety drills and the preparation of instructions. Finally, regulation 57 deals with self-rescuers (equipment that provides respiratory protection when escaping from a mine). Part 7 provides for a surveyor to be appointed for a mine and for the preparation and maintenance of plans of the mine. Part 8 makes provision for the safety of tips, which must be designed, operated and maintained to avoid instability or movement. There must be appraisals of tips (regulation 61) and, where appropriate, geotechnical assessments (regulation 62). Schedule 2 makes further provision about the content of geotechnical assessments. If a tip is a significant hazard, the mine operator must notify the HSE of tipping operations (regulation 65). When a mine is abandoned, these Regulations cease to apply to any associated tip, unless it is being used by an active mine (regulation 67). Part 9 of the Regulations contains general provisions relating to the keeping of records under the Regulations, the provision of plans of abandoned mines to HSE and exemptions from any of the requirements under the Regulations. Finally, Part 10 contains transitional provisions and introduces the repeals, revocations and modifications (including making corrections to the Explosives Regulations 2014) contained in Schedules 3, 4 and 5. The majority of extant provisions of the Mines and Quarries Act 1954 and all of Part 1 of the Mines and Quarries (Tips) Act 1969 are repealed. Regulation 76 requires the Secretary of State to carry out a review of these Regulations within five years of the commencement of the Regulations. A full impact assessment of the effect that these Regulations would have on the costs of business and the voluntary sector is published with the Explanatory Memorandum, which is available alongside the instrument on www.legislation.gov.uk. The transposition note in relation to the implementation of Directive 1992/104/EEC is also published with the Explanatory Memorandum and available on that website. Copies of these documents are available in the libraries of both Houses of Parliament.

Read the full note and every offence in this instrument

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