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Penalty for offences for which no express penalty is provided. 133.(1) A person guilty of an offence under [section 129(1) of] this Act ... shall be liable (a)if he is the owner of a mine, a person to whom instructions have been given by the owner of a mine in pursuance of section 1, the manager of a mine, a person who is for the time being treated for the purposes of this Act as the manager of a mine, an under-manager of a mine, a person who is for the time being treated for the purposes of this Act as such an under-manager or the surveyor for a mine, to a fine not exceeding two hundred pounds; and (b)if not, to a fine not exceeding twenty pounds; (2) Where a person is convicted of an offence under [section 129(1) of] this Act and the contravention in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and shall be liable, in addition to any other penalty, to a fine not exceeding five pounds for each day on which the contravention is so continued. (3) Where the court by which a person is convicted of any such offence as aforesaid is satisfied that the contravention in respect of which he is convicted (a)was likely to cause the death of, or serious bodily injury to, a person employed at the mine in relation to which the contravention occurred or a dangerous accident; or (b)was likely to endanger the safety of any such person; Defence available to person charged with offence not committed personally.
© 1969 Crown Copyright
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