PART XIV

Miscellaneous

146. —(1) The following provisions of this section shall apply in relation to any notice served under any provision of this Act or regulations by an inspector on the owner or manager of a mine or quarry, being a notice which is expressly declared to be one to which the provisions of this section with respect to references upon notices served by inspectors are to apply.

(2) (a) If the person on whom any such notice is served or, in a case where it is served on two or more persons, any of them, by a counter-notice duly served on the inspector who served the notice demands a reference upon the notice, it shall stand referred to a person or persons selected by the nominated selector (as hereinafter defined) from amongst the members of that one of the panels of persons appointed by the Minister under this section which is appropriate to the circumstances of the case.

(b) If the said selector is satisfied that special reasons exist which render it expedient for him to act as referee instead of a person or persons selected as aforesaid, he may direct that the notice shall stand referred to him.

(3) On a reference under this section upon any such notice, any of the following persons may appear in person or be represented, and may give evidence and call such witnesses as he thinks fit—

(a) any person on whom the notice was served;

(b) any inspector;

(c) any association or body representative of a majority of the total number of persons employed at the mine or quarry to which the notice relates;

(d) any other persons appearing to the referee or referees to be affected by the notice or any association or body representative of any such persons.

(4) The following provisions shall have effect with respect to the quashing or confirmation of any such notice upon a reference thereon under this section—

(a) if no relevant ground of objection to the notice is established to the satisfaction of the referee or referees, he or they shall confirm the notice;

(b) if a relevant ground of objection is so established, the referee or referees shall quash the notice unless he or they is or are of opinion that the objection can be met by modification of the notice, in which case the referee or referees shall confirm the notice subject to such modification as appears to him or them to meet the objection;

and where the notice is confirmed subject to any modification it shall take effect as modified.

(5) For the purposes of subsection (4)—

(a) in the case of any such notice served under a provision of this Act, any of the following grounds which are appropriate to the circumstances of the case shall be a relevant ground of objection—

(i) that compliance with a prohibition, restriction or requirement sought to be imposed by or by virtue of the notice is, wholly or to a particular extent, unnecessary, inadvisable for reasons of safety or impracticable;

(ii) that any period limited by the notice is insufficient for the purpose of enabling any works to be executed or other thing done;

(b) in the case of a notice served under any provision of regulations, the relevant ground or grounds of objection shall be such as may be prescribed.

(6) Save as otherwise expressly provided by this Act or regulations, any such notice shall not become operative in any event until the expiration of the period within which a reference thereon may be demanded under this section or, if within that period such a reference is so demanded, until the notice is confirmed by the referee or referees.

(7) The quashing under this section of any such notice shall neither be taken to prevent the service by an inspector of a fresh notice nor, if the notice became operative before it was quashed, affect the previous operation thereof.

(8) The Minister may—

(a) constitute such number as he thinks fit of panels of persons from whom referees may be selected for the purposes of references under this section and, as respects each panel, may designate the cases in which it is to be treated for the purposes of this section as the appropriate panel;

(b) make rules for regulating such references and, in particular, for making provision with respect to the costs of such references (including the payment of remuneration and allowances to referees) and for specifying the form of a counter-notice under subsection (2) and the period within which such a notice must be served;

and different periods may be specified by rules under paragraph (b) of this subsection in relation to the service of counter-notices relating to notices served under different provisions of this Act or regulations.

(9) The reference in subsection (2) to the nominated selector shall be construed as referring to such person as may for the time being be nominated by the Minister to discharge the duty of selecting referees to act upon references under this section.

147. —Where the Minister is of opinion, with respect to mines or quarries of any class, that by reason of the nature or amount of work involved, or of the shortness of the period during which the mines or quarries are expected to be worked or other special circumstances affecting them, it would not be right to require compliance with the provisions of this Act or any particular provision thereof, he may by regulations exempt mines or quarries of that class from such provisions or provision for such period, and subject to such conditions, as he may prescribe.

148. —Any power conferred by this Act to make an order shall be construed as including a power, exercisable in the like manner and subject to the like conditions, if any, to revoke or vary the order.

149. —(1) A notice required or authorised by or by virtue of this Act to be served on or given to an inspector may be served or given by delivering it to him or by leaving it at, or sending it by registered post to, his office.

(2) A notice required or authorised by or by virtue of this Act to be served on or given to the owner of a mine or quarry may be served or given—

(a) where the owner is an individual, by delivering it to him, by leaving it at the office at the mine or quarry or by sending it by registered post addressed to him at his usual or last known place of abode or the proper postal address of the mine or quarry;

(b) where the owner is a body corporate, by delivering it to the secretary or clerk to the body at their registered or principal office or by sending it by registered post addressed to the secretary or clerk to the body at that office;

(c) where the owner is a firm, by delivering it to any partner of the firm or by leaving it at, or sending it by registered post to, the office of the firm.

(3) A notice required or authorised by or by virtue of this Act to be served on or given to the manager of a mine or quarry may be served or given by delivering it to him, by leaving it at the office at the mine or quarry or by sending it by registered post addressed to him at the proper postal address of the mine or quarry.

(4) This section shall apply to the sending or lodging of any document as it applies to the giving of a notice.

150. —(1) Where the age of any person is required to be ascertained or proved for the purposes of this Act, any person shall, on presenting a written requisition in such form and containing such particulars as may be directed by the Minister for Health and on payment of the appointed fee, be entitled to obtain a certified copy of the entry of the birth of that person in the register of births under the hand of the registrar or superintendent registrar or other person having the custody thereof, and forms for such requisition shall on request be supplied without any charge by every registrar of births and by every superintendent registrar or other person having the custody of the register.

(2) The Minister for Health may, with the consent of the Minister and the Minister for Finance, by regulations appoint fees for the purposes of this section.

151. —(1) There shall be a council consisting of a chairman and eight ordinary members (in this section referred to as the Advisory Council) to perform the functions assigned to it by this section.

(2) The Advisory Council shall consider, and advise the Minister on, any matters arising on or in relation to the execution of this Act (including any proposals by the Minister to make, amend or revoke any orders or regulations under this Act) which the Minister may refer to the Council.

(3) The Advisory Council may, as they consider necessary from time to time, advise the Minister on:—

(a) the desirability of making, amending or revoking any orders or regulations under this Act;

(b) matters relating to the enforcement of the provisions of this Act or of orders or regulations made under this Act;

(c) the organisation or promotion of safety and welfare campaigns among employees and employers;

(d) the organisation of lectures, film shows or exhibitions, the publication of posters or pamphlets or any other measures, being lectures, film shows, exhibitions, posters, pamphlets or measures designed to educate employees and employers on questions of safety and welfare in mines and quarries and on methods of safeguarding and improving the health of workers.

(4) The Chairman and the ordinary members of the Advisory Council shall be appointed by the Minister.

(5) The first such appointment shall be made as soon as conveniently may be after the passing of this Act and subsequent appointments shall be made from time to time as occasion requires.

(6) In appointing persons to be ordinary members of the Advisory Council, the Minister shall include persons representative of organisations of employees and of organisations of employers.

(7) The Chairman and the ordinary members of the Advisory Council shall hold office for such period as the Minister may decide.

(8) On the request of the Advisory Council and subject to the consent of the Minister, an inspector may attend a meeting of the Advisory Council for the purpose of giving any information which the Advisory Council may request for the purposes of discharging its functions.