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Section 159 Liability of owners for breaches of statutory duty by their servants.

England, Wales and Scotland

For the removal of doubts it is hereby declared that the owner of a mine F1. . . is not absolved from liability to pay damages in respect of a contravention, in relation to the mine . . ., by a person employed by him of—

(a)

a provision of this Act, of an order made thereunder or of regulations; or

(b)

a prohibition, restriction or requirement imposed by a notice served under or by virtue of this Act by an inspector;

by reason only that the provision contravened was one which expressly imposed on that person or on persons of a class to which, at the time of the contravention, he belonged, a duty or requirement or expressly prohibited that person, or persons of such a class or all persons from doing a specified act or, as the case may be, that the prohibition, restriction or requirement was expressly imposed on that person or that that person was, in pursuance of this Act or regulations, appointed by a person other than the owner.

Annotations

Textual amendments

F1

Words in s. 159 omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II

Notes on Part XIV

Modifications

C1

Pt. XIV amended by Mines and Quarries (Tips) Act 1969 (c. 10), Sch. 1 para. 7; extended by Mines Management Act 1971 (c. 20), s. 3(2)