MINES ACT (NORTHERN IRELAND) 1969 - SECT 3 Rights of mine manager with respect to instructions given by or on behalf of owner.

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MINES ACT (NORTHERN IRELAND) 1969 - SECT 3

Rights of mine manager with respect to instructions given by or on behalf of owner.

3.(1) Any instructions given to the manager of a mine by or on behalf of the
owner thereof, being instructions affecting the fulfilment, in relation to the
mine, by the manager of statutory responsibilities of his, shall, so far as
they are not written, be confirmed in writing by the person by whom they were
given forthwith after the making of a request in that behalf by the manager.

(2) Except in a case of emergency, neither the owner of a mine nor a person
acting on his behalf shall, except with the consent of the manager of the
mine, give, otherwise than through the manager, any instructions to a person
employed at the mine who is responsible to the manager; and where the owner of
a mine or a person acting on his behalf gives, in either of the said excepted
cases, instructions which, apart from the exception, would be required to be
given through the manager of the mine, the person who gave the instructions
shall, forthwith after he has given them, inform the manager of the substance
thereof and, if requested so to do by the manager, confirm them in writing
forthwith after the making of the request.

The foregoing provisions of this subsection shall not apply to any
instructions given by an under-manager of a mine or a person appointed by the
manager of a mine in pursuance of this Act or regulations.

(3) Where, in the case of a mine whereof the manager is by or by virtue of the
following provisions of this Act required to hold qualifications for his
office, instructions are given by or on behalf of the owner of the mine to the
manager of the mine, an under-manager thereof or a person appointed by the
manager in pursuance of this Act or regulations, then, if the manager is of
opinion that the execution of the instructions would or might be likely to
prejudice the safety or health of the persons employed at the mine (or any of
them) or to impede him in the discharge, in relation to the mine, of any duty
imposed on him by or by virtue of this Act, he may,

(a)in a case where the instructions are given to him, decline to execute them
until they are confirmed in writing by a person qualified for appointment as
manager of the mine who is authorised in writing by the owner of the mine to
confirm instructions given as aforesaid;

(b)in any other case, direct that the instructions be not executed until they
are so confirmed by such a person.

The foregoing provisions of this subsection shall not apply to instructions
given by an owner of a mine who is an individual or by such a person as is
mentioned in paragraph (a).

(4) Where, in the case of such a mine as is mentioned in subsection (3),
instructions are given and confirmed as therein mentioned, the document by
which they are confirmed shall be preserved by the manager of the mine, and a
copy of that document shall be preserved by the owner of the mine, in each
case for three years after the instructions cease to be operative.

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Northern Irish Legislation

MINES ACT (NORTHERN IRELAND) 1969 - SECT 3