# The Mines (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/9 · made 20 January 2022

These Regulations amend the Mines Regulations (Northern Ireland) 2016 (S.R. 2016 No.427) (“the 2016 Regulations”). They make provision to implement Directive (EU) 2017/2398, of the European Parliament and of the Council of 12 December 2017 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (OJ No. L345, 27.12.2017, p. 87-95), in relation to coal mine workers in Northern Ireland.

Made under: Health and Safety at Work (Northern Ireland) Order 1978 (Article 17, Schedule 3 paragraph 7, Schedule 3 paragraph 8, Schedule 3 paragraph 12)

PDFs: Printed copy https://openlegislation.uk/mines-amendment-regulations-northern-ireland-2022/pdf/nisr_20220009_en.pdf; NI Explanatory Memorandum https://openlegislation.uk/mines-amendment-regulations-northern-ireland-2022/pdf/nisrem_20220009_en.pdf

## Introductory text

Health And Safety
Made 20th January 2022
Coming into operation 21st March 2022
The Department for the Economy, being the Department concerned, makes the following Regulations in exercise of the powers conferred by Articles 17(1) and (2) and paragraphs 7, 8 and 12(3) of Schedule 3 to the Health and Safety at Work (Northern Ireland) Order 1978 (“the 1978 Order”).
The Regulations give effect without modifications to proposals submitted to the Department concerned by the Health and Safety Executive for Northern Ireland under Article 13(1A) of the 1978 Order after carrying out consultation in accordance with Article 46(3) of the 1978 Order.

## 1 Citation and commencement

These Regulations may be cited as the Mines (Amendment) Regulations (Northern Ireland) 2022 and come into operation on 21st March 2022.

## 2 Amendment of the Mines Regulations (Northern Ireland) 2016

(1) The Mines Regulations (Northern Ireland) 2016 are amended as follows.
(2) In regulation 2(1), for the definition of “action level” substitute—
““action level” in relation to respirable dust, means a concentration in air equal to or greater than 3mg/m3 as a time-weighted average over a 40 hour period;”.
(3) Omit regulation 44.
(4) In regulation 45—
(a) in paragraph (5) omit “and respirable crystalline silica”; and
(b) in paragraph (6)—
(i) in the words before sub-paragraph (a) omit “or respirable crystalline silica”, and
(ii) in sub-paragraph (a) omit “relevant”.

## Signature

Sealed with the Official Seal of the Department for the Economy on 20th January 2022.
L.S.
Colin Jack
A senior officer of the
Department

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Mines Regulations (Northern Ireland) 2016 (S.R. 2016 No.427) (“the 2016 Regulations”). They make provision to implement Directive (EU) 2017/2398, of the European Parliament and of the Council of 12 December 2017 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (OJ No. L345, 27.12.2017, p. 87-95), in relation to coal mine workers in Northern Ireland.
Regulation 2(2) substitutes a new definition of “action level” in regulation 2(1) of the 2016 Regulations in order to remove the reference to respirable crystalline silica.
Regulation 2(3) omits regulation 44 of the 2016 Regulations so that the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 (S.R. 2003 No. 34) apply to respirable crystalline silica dust below ground in coal mines.
Regulation 2(4) amends regulation 45 of the 2016 Regulations to remove all references to respirable crystalline silica.
A regulatory impact assessment has not been prepared for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.

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Source: https://www.legislation.gov.uk/nisr/2022/9 (the official version)
Page: https://openlegislation.uk/mines-amendment-regulations-northern-ireland-2022
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.