Regulation 6

(1)

A working in a mine which would be within—

(a)

45 metres (measured in any plane) of—

(i)

the surface,

(ii)

any rock or stratum containing or likely to contain water (whether dispersed or in natural cavities),

(iii)

any peat, moss, sand, gravel, silt or other material that flows or is likely to flow when wet,

(iv)

any disused workings not being disused mine workings; or

(b)

37 metres (measured in any plane) of any disused mine workings,

shall not be carried on unless the manager has complied with the provisions of paragraph (2) of this Regulation.

(2)

The manager shall obtain sufficient information to enable him to consider whether an inrush to which Regulation 3 of these Regulations refers may occur if the working is carried on without taking precautionary measures.

(3)

If the manager is of the opinion that such an inrush will not occur he shall ensure that the working is not carried on unless he has given notice of the reasons for that opinion to the inspector for the district and to the workers' representatives for that mine, if any, at least 30 days in advance or such shorter period in advance as the inspector may allow in any particular case.

(4)

If, in the case of a working in respect of which the manager has given notice in accordance with paragraph (3) of this Regulation, there is an occurrence which tends to indicate that an inrush to which Regulation 3 of these Regulations refers may occur unless precautionary measures are taken, the manager shall give notice of that occurrence as soon as practicable to the inspector for the district and to the workers' representatives for that mine, if any.

(5)

Where paragraph (3) of this Regulation does not apply, the manager shall ensure that the working is not carried on, unless—

(a)

he has prepared a scheme of work (“the scheme”) which lays down the procedure to be followed in the working designed to ensure that an inrush does not occur; and

(b)

he has sent to the inspector for the district and to the workers' representatives for that mine, if any, a copy of—

(i)

the scheme at least 30 days in advance or such shorter period in advance as the inspector may allow in any particular case, and

(ii)

any modifications to the scheme as soon as practicable.

(6)

Where any such working is being carried on the manager shall—

(a)

ensure that the provisions of the scheme, if any, and any modifications to it are executed and enforced;

(b)

keep a copy of the scheme, and any modifications to it, or notice, as the case may be—

(i)

in the office of the mine or such other place as may be approved by an inspector, and

(ii)

in the covered accommodation provided in pursuance of section 135 of the 1954 Act,

until such time as the working is completed.

(7)

In this Regulation “workers' representatives” means —

(a)

in relation to a coal mine, such persons, if any, as may for the time being be nominated for the purposes of these Regulations by associations or bodies which represent persons employed underground at the mine;

(b)

in relation to any other mine, such persons, if any, as may for the time being be appointed for that mine under section 123 of the 1954 Act or be appointed to be safety representatives within the meaning of the Safety Representatives and Safety Committees Regulations 1977 for that mine.

(8)

Where an association or body nominates or appoints more than one workers' representative for a mine then the manager shall not be required by paragraphs (3), (4) or (5) of this Regulation to notify, or send copies of a scheme or modifications to, more than one of the persons nominated or appointed by that association or body.