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Statutory Instruments

1974 No. 2124

MINES AND QUARRIES

The Coal Mines (Precautions Against Inflammable Dust) (Second Amendment) Regulations 1974

Made

16th December 1974

Laid before Parliament

31st December 1974

Coming into Operation

1st February 1975

Whereas in pursuance of Part II of Schedule 2 to the Mines and Quarries' Act 1954 the Secretary of State has published notice of his intention to make the following regulations and has not received any objection to the draft thereof in respect to which he is required to refer the draft regulations for inquiry and report:

Now, therefore, the Secretary of State in exercise of the powers conferred by sections 74(3), 141 and 143(1) of the Mines and Quarries Act 1954 and now vested in him(1) and of all other powers in that behalf enabling him and after consultation, in accordance with section 50(1) of the Health and Safety at work etc Act 1974, with the Health and Safety Commission and such other bodies as appeared to him to be appropriate hereby makes the following regulations:-

1. These regulations may be cited as the Coal Mines (Precautions against Inflammable Dust) (Second Amendment) Regulations 1974 and shall come into operation on 1st February 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.

3. The Coal Mines (Precautions against Inflammable Dust) Regulations 1956(2), as amended(3), shall have effect subject to the modifications specified in the Schedule to these regulations.

Alexander Eadie

Parliamentary Under Secretary of State

Department of Energy

16th December 1974

Regulation 3

SCHEDULEMODIFICATIONS

1. In regulation 3, for the words "two hundred and forty feet", there shall be substituted the words "75 metres."

2. In regulation 4(b), for the words "thirty feet", there shall be substituted the words "10 metres".

3. In regulation 6(a), for the words "60-mesh sieve of", there shall be substituted the words "a sieve of which the nominal aperture size is 250 micrometres and which complies with", and for the words "240-mesh sieve of", there shall be substituted the words "a sieve of which the nominal aperture size is 63 micrometres and which complies with".

4. In regulation 7(2), for the words "six hundred feet", there shall be substituted the words "180 metres", and for the words "ten per mile", there shall be substituted the words "6 per kilometre".

5. In regulation 8-

(a)in paragraph (1)-

(i)in sub-paragraph (a), for the words "one hundred and fifty feet", there shall be substituted the words "45 metres",

(ii)in sub-paragraph (b), for the words "a quarter of an inch", there shall be substituted the words "6 millimetres", and for words "one inch", there shall be substituted the words "25 millimetres";

(b)in paragraph (4), for the words "a quarter of an inch", there shall be substituted the words "6 millimetres",

(c)in paragraph (5)-

(i)in sub-paragraph (a), for the words "fifteen feet", there shall be substituted the words "5 metres",

(ii)in sub-paragraph (b), for the words "three feet", there shall be substituted the word "metre".

6. In regulation 9, for the words "60-mesh sieve of", there shall be substituted the words "a sieve of which the nominal aperture size is 250 micrometres and which complies with".

7. In regulation 10A-

(a)in paragraph (1), the words "stone dust" shall be omitted, and after the word "barriers", there shall be inserted the words "to the extension of that flame";

(b)in paragraph (5), for the words "one hundred and fifty feet" (in both places where they appear), there shall be substituted the words "45 metres".

EXPLANATORY NOTE

These Regulations further amend the Coal Mines (Precautions against Inflammable Dust) Regulations 1956, as amended, by enabling barriers other than stone dust barriers to be provided and maintained in certain lengths of road and by substituting, for references to amounts in imperial units, references to amounts in metric units.

(1)

S.I. 1969/1498, 1970/1537 (1969 III, p. 4797; 1970 III, p. 5293).

(2)

(1956 I, p. 1388).

(3)

S.I. 1960/1738 (1960 II, p. 2060).