Paragraph 4 I1

England, Wales and Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 5 para. 1 coming into force by Reporting of Injuries, Diseases and Dangerous Occurrences 1995 reg. 1
Sch. 5 para. 2 coming into force by Reporting of Injuries, Diseases and Dangerous Occurrences 1995 reg. 1
Sch. 5 para. 3 coming into force by Reporting of Injuries, Diseases and Dangerous Occurrences 1995 reg. 1
Sch. 5 para. 4 coming into force by Reporting of Injuries, Diseases and Dangerous Occurrences 1995 reg. 1
Sch. 5 para. 5 coming into force by Reporting of Injuries, Diseases and Dangerous Occurrences 1995 reg. 1

(1)

Where there is an accident or dangerous occurrence in relation to which paragraph 2 applies no person shall disturb the place where it happened or tamper with anything at that place before—

(a)

the expiration of 3 clear days after the matter to which paragraph 2 applies has been notified in accordance with these Regulations; or

(b)

the place has been visited by an inspector and by workmen’s inspectors exercising the powers conferred on them by section 123 of the Mines and Quarries Act 1954;

whichever is the sooner.

(2)

Nothing in sub-paragraph (1) of this paragraph shall prohibit the doing of anything by or with the consent of an inspector.

(3)

The requirements of sub-paragraph (1) of this paragraph shall not apply to an accident or to a dangerous occurrence if an appropriate person—

(a)

has taken adequate steps to ascertain that disturbing the site—

(i)

is unlikely to prejudice any investigation by an inspector into the circumstances of the accident or dangerous occurrence, and

(ii)

is necessary to secure the safety of any person at the mine or quarry or to avoid disrupting the normal working thereof; and

(b)

(except in the case of a non-fatal accident or a dangerous occurrence, where the nominated person or any person designated by that nominated person pursuant to this sub-paragraph cannot be contacted within a reasonable time) has notified the nominated person, or any person designated in writing by the nominated person to receive any such notification, of the proposed disturbance, and gives such a person a reasonable opportunity to visit the site before it is disturbed; and

(c)

has taken adequate steps to ensure that there is obtained such information as will enable a full and accurate plan to be prepared forthwith, which plan shall show the position of any equipment or other item relevant to the accident or dangerous occurrence immediately after it happened; and

(d)

ensures that any equipment or other item relevant to the accident or dangerous occurrence is kept as it was immediately after the incident until an inspector agrees that it may be disposed of.

(4)

The person who has taken the steps referred to in sub-paragraph (3)(c) of this paragraph shall ensure that the plan referred to in that sub-paragraph is signed by the person who prepared it and bears the date on which it was prepared, and that a copy of that plan is supplied on request to any inspector or to the nominated person.

(5)

It shall be a defence in proceedings against any person for contravening sub-paragraph (1) of this paragraph in any case which consists of the doing of any act, for that person to prove that the doing of that act was necessary for securing the safety of the mine or quarry or of any person.

Annotations

Commencement

I1: Sch. 5 para. 4 in force at 1.4.1996, see reg. 1