Regulation 2 InterpretationI1
England, Wales and Scotland
In these Regulations, unless the context otherwise requires—
“borehole site” means a place at which a borehole operation—
- (a)
is being or is to be undertaken; or
- (b)
has been undertaken, save where all borehole operations have ceased and all boreholes have been abandoned;
- (a)
“competent” in relation to a person means competent by way of sufficient training and experience or knowledge and other qualities properly to perform or assist in performing the work which that person is required to do;
“the Executive” means the Health and Safety Executive;
“health and safety document” has the meaning assigned to it by regulation 7;
“mining” does not include opencast mining;
“mining area” means land—
- (a)
within one kilometre, in a horizontal or other direction, of the workings in a mine (whether disused or not); or
- (b)
in relation to which a licence to mine for minerals has been granted;
- (a)
“operator” in relation to a borehole site means—
- (a)
a person appointed by the owner in writing to exercise for the time being the function of organising or supervising borehole operations at the site, where that function involves the exercise of overall control of the borehole site; or
- (b)
where for the time being there is no such person, the owner;
- (a)
“owner”, in relation to a borehole site, means the person who has the right to undertake the borehole operations which are being or are to be undertaken at the site; and
“well” includes any borehole associated with that well.
Any reference in these Regulations to a borehole operation is a reference to an activity or operation in the course or furtherance of, or in connection with the cessation of—
the extraction of minerals by a borehole;
prospecting with a view to such extraction; or
prospecting by a borehole, other than a borehole drilled from within the underground workings of a mine which is in use, with a view to the extraction of minerals by means other than a borehole,
or to the preparation for sale, but not the processing, of extracted minerals at the place of any such activity or operation.
In these Regulations, unless the context otherwise requires—
a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference occurs.