HL Deb 28 October 1954 vol 189 cc846-50

The Coal Mines Regulation Act, 1887

50 & 51 Vict. c. 58

In sections twelve and thirteen (which relate, respectively to the payment of persons employed in mines by weight, and to the appointment of check weighers on their behalf) the word "agent", wherever it occurs, shall be omitted.

The Coal Mines (Check Weigher) Act, 1894

57 & 58 Vict. c. 52

In section one (which penalises interference with the office of check weigher), the word "agent", wherever it occurs, shall be omitted.

The Coal Mines (Weighing of Minerals) Act, 1905

5 Edw. 7. c. 9

In subsection (2) of section one (which relates to evidence of the appointment of check weighers) the word "agent" shall be omitted.

The Coal Mines Regulation Act, 1908

8 Edw. 7. c. 57

In sections one, two, three, five and six (which impose limits on the hours of work below ground in mines of coal, stratified ironstone, shale and fireclay and provide for ancillary matters) the words "owner, agent or", wherever they occur, shall be omitted, and in subsection (7) of section one the words "fireman, examiner or", in both places where they occur, shall be omitted.

The Education Act, 1918

8 & 9 Geo. 5. c. 39

For paragraphs (b) and (c) of section fourteen (which prohibits the employment of children in factories, mines and quarries in England and Wales) there shall be substituted the following paragraph— (b) at any mine or quarry within the meaning of the Mines and Quarries Act,1954;".

The Education (Scotland) Act, 1918

8 & 9 Geo. 5. c. 48

For paragraphs (b) and (c) of section seventeen (which prohibits the employment of children in factories, mines and quarries in Scotland) there shall be substituted the following paragraph— (b) at any mine or quarry within the meaning of the Mines and Quarries Act, 1954;".

The Mining Industry Act, 1920

10 & 11 Geo. 5. c. 50

In subsection (3) of section eighteen (which relates to the making of drainage schemes with respects to groups of mines) for the words "The provisions of sections eighty-six and one hundred and seventeen of, and Part I of the Second Schedule to, the Coal Mines Act, 1911, which relate to general regulations shall apply with the necessary modifications to schemes under this section" there shall be substituted the words "The provisions of Parts I and III of the Second Schedule to the Mines and Quarries Act, 1954, shall, with the necessary modifications, have effect with respect to the procedure for making a scheme under this section as they have effect with respect to the procedure for making general regulations under that Act, and the power conferred by this section to make a scheme shall be construed as including power (exercisable in the like manner and subject to the like conditions) to revoke or vary the scheme".

References in the said section eighteen to owners of mines shall be construed in like manner as if they were contained in this Act.

The Employment of Women, Young Persons and Children Act, 1920

10 & 11 Geo. 5. c. 65

In subsection (6) of section one (which subsection relates to the enforcement of the restrictions imposed by other provisions of that section on the employment of children and young persons in industrial undertakings) the reference to coal mines, metalliferous mines and quarries shall be construed as a reference to mines and quarries within the meaning of this Act and the reference to the Coal Mines Act, 1911, and the Metalliferous Mines Regulation Acts, 1872 and 1875, shall be construed as a reference to this Act.

The Mining Industry Act, 1926

16 & 17 Geo. 5. c. 28

In section twenty-three(which requires the giving of facilities to the Department of Scientific and Industrial Research where shafts or bore holes are sunk), in subsections (3)and (4), the word "agent" shall be omitted, and for subsection(5) there shall be substituted the following subsection— (5) Any officer appointed by the Committee shall have the same rights as to the production and inspection of plans, sections and drawings which, by or by virtue of the Mines and Quarries Act, 1954, are required to be kept, as are by that. Act conferred on inspectors, and that Act shall apply accordingly.

The Petroleum (Production) Act, 1934

24 & 25 Geo. 5. c. 36

In section seven (which relates to the inspection of plans and sections of mines for the purpose of ascertaining on behalf of the Minister the position of workings through or near which it is proposed to sink a borehole for the purpose of searching for or getting petroleum), for the words from "the same rights" to the end of the section, there shall be substituted the words "the same rights as to the production and inspection of plans, sections and drawings which, by or by virtue of the Mines and Quarries Act, 1954, are required to be kept, as are by that Act conferred on inspectors, and that Act shall apply accordingly."

The Hours of Employment (Conventions) Act, 1936

26 Geo. 5. & 1 Edw. 8. c. 22

In subsection (2) of section one (which subsection relates to the enforcement of the restrictions imposed by that section on the employment of women by night in industrial undertakings) the reference to coal mines, metalliferous mines and quarries shall be construed as a reference to mines and quarries within the meaning of this Act and the reference to the Coal Mines Act, 1911, and the Metalliferous Mines Regulation Acts, 1872 and 1875 shall be construed as a reference to this Act.

The Young Persons (Employment) Act, 1938

1 & 2 Geo. 6. c. 69

For subsection (3) of section three (which relates to the enforcement of the provisions of Part I of that Act) there shall be substituted the following subsection— (3) An inspector appointed under the Mines and Quarries Act, 1954, shall have the same powers and duties for the purpose of the enforcement of the provisions of this Part of this Act in their application to young persons employed at or in connection with a mine or quarry within the meaning of the said Act of 1954 as he would have if those provisions were provisions of that Act.

The noble Earl said: The new Schedule refers to parts of Acts which have to be amended because of the passing of this Bill. The purpose of the Amendment is to put them in the present Bill, which takes the place of the 1911 Act. I beg to move.

Amendment moved— After the Third Schedule insert the said new Schedule.—(The Earl of Selkirk.)

On Question, Amendment agreed to.

Fourth Schedule [Enactments repealed]:

THE EARL OF SELKIRK

This is a drafting Amendment. I beg to move.

Amendment moved—

Page 120, line 38, column 3, after ("twelve") insert— ("In subsection (1), the word "agent," wherever it occurs, and").—(The Earl of Selkirk.)

On Question, Amendment agreed to.

THE EARL OF SELKIRK

This also is a drafting Amendment. I beg to move.

Amendment moved—

Page 120, line 40, column 3, after ("thirteen") insert— (", in subsection (2), the word "agent" and the words "against this Act", in subsection (3), the word "agent", in subsection (4), the word "agent", wherever it occurs, in subsection (5), the word "agent" and").—(The Earl of Selkirk.)

On Question, Amendment agreed to.

THE EARL OF SELKIRK

This Amendment is again drafting. I beg to move.

Amendment moved—

Page 120, line 45, column 3, after ("one") insert— ("the word "agent", wherever it occurs, and").—(The Earl of Selkirk.)

On Question, Amendment agreed to.

THE EARL OF SELKIRK

This is also a drafting Amendment. I beg to move.

Amendment moved—

Page 120, line 50, at end insert—

("5 Edw. 7 c. 9 The Coal Mines (Weighing of Minerals) Act, 1905 In section one, in subsection (2), the word "agent"")
—(The Earl of Selkirk).

On Question, Amendment agreed to.

THE EARL OF SELKIRK

This is a drafting Amendment. I beg to move.

Amendment moved—

Page 121, line 5, column 3, at beginning insert— ("In section one, in subsection (3), the words 'owner, agent or', in subsection (5), the words 'owner, agent or' and in subsection (7), the words 'fireman, examiner or' in both places where they occur. In section two, in subsection (1), the words 'owner, agent or' and in subsection (2), the words 'owner, agent, or'. In section three, in subsection (1), the words 'owner, agent or' and in subsection (2), the words 'owner, agent or'. In section five, the words 'owner, agent or'. In section six, the words 'owner, agent or'").—(The Earl of Selkirk.)

On Question, Amendment agreed to.

THE EARL OF SELKIRK

This Amendment is drafting. I beg to move.

Amendment moved—

Page 121, line 20, column 3, at end insert— ("In section twenty-five, the definitions of 'owner', 'agent' and 'management'.")—(The Earl of Selkirk.)

On Question, Amendment agreed to.

THE EARL OF SELKIRK

This Amendment is also drafting. I beg to move.

Amendment moved—

Page 121, line 23, column 3, at end insert— ("In section twenty-three, in subsection (3), the word 'agent' and in subsection (4) the word 'agent'.")—(The Earl of Selkirk.)

On Question, Amendment agreed to.

Fourth Schedule, as amended, agreed to.

House resumed.

House adjourned at ten minutes before five o'clock.