Section 23 Facilities to be given to United Kingdom Research and Innovation.F12C1
England, Wales and Scotland
Before any person sinks, for the purpose of searching for or getting any minerals, a shaft or borehole intended to reach a depth of more than F130.480 metres below the surface, he shall give to F2United Kingdom Research and Innovation (hereinafter referred to as “F3UKRI”) notice in writing of his intention to do so, and any person who for such a purpose sinks any such shaft or borehole shall keep a journal thereof, and shall retain for a period of not less than six months such specimens of the strata passed through as may have been obtained in the course of the sinking thereof, either as cores or fragments, and shall allow UKRI, or any officer appointed by them, to have free access at all reasonable times to any such shaft, borehole or core, to inspect and take copies of the journals of such shafts or boreholes, to inspect all specimens so obtained and kept, and to take representative specimens of any such cores.
If the person sinking any such shaft or borehole as aforesaid gives notice in writing to UKRI requiring them to treat as confidential any copies of journals or specimens so taken by UKRI or by any officer appointed by them, UKRI shall not allow those copies or specimens to be published or shown to any person not being an officer of UKRI, except with the consent of the person sinking such shaft or borehole:
Provided that, if at any time UKRI give notice to any person from whom such consent is required that, in their opinion, his consent is unreasonably withheld, then that person may, within three months after such notice is given, appeal to the F4High Court F5Court of Session but if at the expiration of that period no such appeal has been made, or if after hearing the appeal the High Court Court of Session do not make an order restraining them from doing so, UKRI may proceed as if such consent had been given.
The owner F6... or manager of every mine shall allow UKRI or any officer appointed by them to have free access at all reasonable times to all underground workings, and shall supply to UKRI or to any such officer as aforesaid such information and such specimens of seams or strata sunk through or opened out at the mine as may be reasonably required by UKRI.
If any person sinking any shaft or borehole, or the owner, ... or manager of any mine fails to comply with any obligation imposed on him by the foregoing provisions of this section, he shall, in respect of each offence, be liable on summary conviction to a fine not exceeding F7F8level 3 on the standard scale.
In subsection (1) above, the expression “minerals” includes petroleum within the meaning of Part I of the Petroleum Act 1998.
Annotations
Textual amendments
- F1
Words in s. 23(1) substituted (1.1.1995) by S.I. 1991/2531, art. 2.
- F2
Words in s. 23(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 2(b); S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 28)
- F3
Words in s. 23(1)-(3) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 2(c); S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 28)
- F4
Words substituted (E.W.) by virtue of Railway and Canal Commission (Abolition) Act 1949 (c. 11), s. 1(1)
- F5
Words substituted (S.) by virtue of Railway and Canal Commission (Abolition) Act 1949 (c. 11), s. 1(1)
- F6
Words repealed by Mines and Quarries Act 1954 (c. 70), Sch. 5
- F7
Words substituted by virtue of (S.) Criminal Procedure (Scotland) Act 1975 (c. 48, SIF 39:1), ss. 289F, 289G
- F8
Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
- F9
S. 23(5) substituted by Mines and Quarries Act 1954 (c. 70), Sch. 4
- F10
Words in s. 23(5) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 2(c); S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 28)
- F11
S. 23(6) inserted (15.2.1999) by 1998 c. 17, s. 50, Sch. 4 para. 1; S.I. 1999/161, arts. 2(1) (with Sch. 3 para 5(1))
- F12
Words in s. 23 heading substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 2(a); S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 28)
Marginal citations
- M1
Modifications
- C1
Definition of “minerals” explained by Petroleum (Production) Act 1934 (c. 36), s. 9