HC Deb 05 December 1911 vol 32 cc1303-5

(1) If in any respect (which is not provided against by any express provision of this Act, or by any regulation), any inspector finds any mine, or any part thereof, or any matter, thing, or practice in or connected with any mine, or with the control, management, or direction thereof by the owner, agent, or manager to be dangerous or defective, so as in his opinion to threaten or tend to the bodily injury of any person, he may give notice in writing thereof to the owner, agent, or manager of the mine, and shall state in the notice the particulars in which he considers the mine or any part thereof, or any matter, thing or practice, to be dangerous or defective, and require the same to be remedied or, if the same cannot be remedied, require the men to be withdrawn from the mine or part; and unless the same be forthwith remedied or the men withdrawn he shall also report the same to the Secretary of State.

(2) If the owner, agent, or manager of the mine objects to remedy the matter complained of in the notice or to withdraw the men he may, within seven days after receipt of the notice, send his objection in writing, stating the grounds thereof, to the Secretary of State; and thereupon the matter shall be determined in manner provided by this Act for determining disputes.

(3) If the owner, agent, or manager fails, when no objection is sent as aforesaid, to comply with the requisition of the notice within seven days after the expiration of the time for objection, or when there has been a reference to a referee to comply with the award within the time fixed by the award, he shall be guilty of an offence against this Act, and the notice and award shall respectively be deemed to be written notice of the offence:

Provided that the Court, if satisfied that the owner, agent, or manager has taken active measures for complying with the notice or award, but has not, with reasonable diligence, been able to complete the works, may adjourn any proceedings taken before them for punishing the offence, and, if the works are completed within a reasonable time, no penalty shall be inflicted.

(4) No person shall be precluded by any agreement from doing, or be liable to any injunction, damages, penalty, or forfeiture in respect of such acts as may be necessary in order to comply with the provisions of this Section.

Mr. SAMUEL ROBERTS

I beg to move, in Sub-section (2), to leave out the word "seven" ["within seven days after receipt of the notice"], and to insert instead thereof the word "ten." The object of the Amendment is to restore the period mentioned in the Act of 1887, which was ten days instead of seven.

Colonel HICKMAN

I beg to second the Amendment.

8.0 P.M.

Mr. MASTERMAN

The hon. Member did not press this Amendment in Committee, and I hope he will not press it now. There have been cases where the danger appeared to be so imminent that it required immediate decision, or at least decision within seven days. Surely seven days are enough for any manager to make up his mind.

Amendment negatived.