Memorandum Of Agreement Between The Coal Authority And The Health And Safety Executive:
This Memorandum of Agreement is made between the Coal Authority ("the Authority") and the Health and Safety Executive ("the HSE"), with the agreement of the Health and Safety Commission ("the HSC").
1. Introduction:
(1) The Agreement sets out the means for securing co-operation and the exchange of information between the parties and is made without prejudice to the effect or operation of any of the relevant statutory provisions (within the meaning of Part 1 of the Health and Safety at Work etc. Act 1974 ("the HSW Act")).
(2) The general duties of the Authority are laid down in sections 2 and 3 of the Coal Industry Act 1994 ("the CI Act"). The general duties of the HSE are laid down in section 11 and section 18(1) of the HSW Act.
(3) The Authority alone is responsible for the exercise of its functions under the CI Act, in particular for the disposal of interests and rights in, or in relation to, unworked coal and for the licensing of coal-mining operations.
(4) The HSE alone is responsible for the enforcement at mines of the aforementioned relevant statutory provisions, including the HSW Act, the Mines and Quarries Act 1954 and all regulations made under those Acts.
(5) The granting of a licence or other permission or right shall not in any way affect the enforcement by HSE of the relevant statutory provisions. The Authority will have no responsibility for compliance by licensees (or other operator to which it grants a right) with the relevant requirements of Health and Safety legislation.
(6) For the purposes of this agreement the meaning of "coal mining operations" shall be as defined in section 65(1) of the CI Act, and the term "licensing and property functions" shall be construed in accordance with section 1 of that Act.
2. It Is Agreed As Follows:
The Authority and the HSE undertake:
(1) to co-operate with each other in order to secure the exchange of information necessary to enable both parties to carry out their functions efficiently and effectively;
(2) each to appoint a liaison officer who shall be responsible for ensuring the satisfactory operation of the Agreement and who shall meet as necessary; and
(3) to notify each other of the name and address of their liaison officer (and any subsequent changes).
3. The Authority Undertakes:
(1) subject to the provisions of sections 57, 58 and 59 of the CI Act, to provide the HSE promptly with the following information:
(a) details of any licence application, licence granted, change of licensee and any other significant change to a licence;
(b) details of any permission to drill;
(c) details of any freehold sale of unworked coal;
and at the request of the HSE:
(d) any other information in its possession which is of particular relevance to the health and safety of persons engaged in, or persons who may be affected by, coal-mining operations;
(2) where it appears to the Authority that a matter which has come to its attention may be relevant to the health and safety of persons engaged in, or persons who may be affected by, coal-mining operations, to notify the HSE promptly so that it may take the appropriate action; and
(3) to notify the licensee of any coal-mining operation of the name and local address of the HSE Inspector responsible for enforcing the relevant statutory provisions at the operation.
4. The HSE Undertakes:
(1) to provide the Authority with any information or technical advice reasonably requested by it for the exercise of its licensing and property functions including:
(a) details of any action the HSE takes or proposes to take which may materially affect coal-mining operations;
(b) any information on abandoned mines or other workings provided to HSE if that information is not already held by the Authority on behalf of HSE;
(2) to draw to the attention of the Authority any other information which it believes is relevant to the licensing and property functions of the Authority including details of any notification received by HSE of the start or cessation of coal mining operations, or the abandonment of a mine or coal quarry;
(3) to treat any information received by it under this Agreement as if it were relevant information as defined by section 28(1) of the HSW Act;
(4) to provide the Authority with a regularly updated list of the HSE addresses referred to in paragraph 3(3) of this Agreement
5. Review, Amendment and Termination
(1) The Agreement together with any working arrangements made under it, shall be reviewed annually at a meeting between the Chairman of the Authority and the Director-General of the HSE (unless both parties agree that the matter can be dealt with by exchange of correspondence). With the agreement of both parties, a senior representative of the Authority or of the HSE may attend on behalf of, respectively, the Chairman of the Authority or the Director-General of the HSE.
(2) The Agreement may be amended or reviewed at any time by agreement of both parties, subject to the agreement of the HSC.
Signatures
(for the Health and Safety Executive)
Date
(for the Coal Authority)
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