This website uses non-intrusive cookies to improve your user experience. You can visit our cookie privacy page for more information.

Cooperation between HSE and the Coal Authority

OC 693/7 Version 3

Appendix 1 – Memorandum of Agreement between the Coal Authority and the Health and Safety Executive

Made under Coal Industry Act 1994 section 4

To be laid by the Secretary of State before both Houses of Parliament

1. Introduction

  1. This document is made by the Coal Authority (“the Authority”) in conjunction with the Health and Safety Executive (“HSE”) in pursuance of the duty placed upon the Authority by section 4(1)(a) of the Coal Industry Act 1994 (“the CI Act”). It sets out the means agreed between the Authority and HSE for securing co-operation and the exchange of information between them. This document is subject to revision from time to time.
  2. By virtue of section 4(1)(b) of the CI Act, the Authority only is bound to conduct itself in the carrying out of its functions in accordance with all agreements contained herein, and this shall be without prejudice to the effect or operation of any relevant statutory provisions (“the relevant statutory provisions”) within the meaning of Part 1 of the Health and Safety at Work etc. Act 1974 (“the HSW Act”).
  3. The general duties of the Authority are set out in sections 2 and 3 of the CI Act. The general duties of HSE are set out in section 11 and the enforcement powers of HSE in sections 18 to 25 of the HSW Act.
  4. The Authority is responsible for the exercise of its functions under the CI Act, in particular for the holding, managing and disposing of interests and rights in, or in relation to, unworked coal and other property and for the licensing of coal-mining operations.
  5. The HSE is responsible for the enforcement at mines, quarries, and borehole sites of the relevant statutory provisions, including the HSW Act, the Mines and Quarries Act 1954 (M&Q Act) and all regulations made under those Acts.
  6. The granting by the Authority 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 the HSW Act and the M&Q Act and all regulations made under those Acts.
  7. For the purposes of this document 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" refers to the functions of the Authority set out in section 1(a), (b) and (c) of the CI Act.

IT IS AGREED AS FOLLOWS:

2.  The Authority and HSE shall:

  1. co-operate with each other in order to secure the exchange of information necessary to enable both parties to carry out their respective functions efficiently and effectively;
  2. each appoint a liaison officer who shall be responsible for ensuring the satisfactory operation of the terms agreed herein and who shall meet his counterpart as necessary; and
  3. each notify the other of the name and address of its liaison officer (and any subsequent changes).

3. The Authority shall, subject to the provisions of sections 57, 58 and 59 of the CI Act:

  1. a. provide HSE promptly with details of any Part II licence granted, change of licensee, and any other significant change to a licence
    b. provide HSE with any information or technical advice relating to current or past coalmining operations reasonably requested by it for the exercise of its functions or which is of particular relevance to the health, safety or welfare of persons at work, or the protection of other persons against risks to health or safety connected with the activities of persons at work, whether current or past in either case.
  2. where it appears to the Authority that a matter relating to current or past coalmining operations which has come to its attention may be relevant to the health, safety or welfare of persons at work, or the protection of other persons against risks to health or safety connected with the activities of persons at work, whether current or past in either case, notify HSE promptly so that it may take the appropriate action;
  3. where notified by HSE that information provided under this agreement may not be disclosable to third parties by virtue of the provisions of section 28 of the HSW Act, or any other enactment or rule of law, consult HSE whenever the question arises of making such disclosure; and
  4. notify the licensee of any coal mining operation of the name and local address of the HSE Principal Inspector responsible for enforcing the relevant statutory provisions at the operation.

4. The HSE shall, subject to the provisions of section 28 of the HSW Act:

  1. provide the Authority with any information or technical advice reasonably requested by it for the exercise of its licensing and property functions on matters concerning the securing of the health, safety or welfare of persons at work, or the protection of other persons against risks to health or safety connected with the activities of persons at work, whether current or past in either case, and such information and advice may include:
    a. details of any action the HSE takes or proposes to take which may materially affect coal-mining operations;
    b. any information on abandoned coal mines or coal quarries provided to HSE if that information is not already held by the Authority on behalf of HSE;
  2. draw to the attention of the Authority any other information which it believes is relevant to the licensing and property functions of the Authority and which concerns the health, safety or welfare of persons at work, or the protection of other persons against risks to health or safety connected with the activities of persons at work, whether current or past in either case, including details of any notification received by HSE of the start or cessation of coal mining operations, or the abandonment of a coal mine or coal quarry;
  3. where notified by the Authority that information provided under this agreement would not be disclosable to HSE but for the provisions of section 57(5) or 59(2) of the CI Act, or that information provided under this agreement may not be disclosable to third parties by virtue of the provisions or any other enactment or rule of law, consult the Authority whenever the question arises of making such disclosure; and
  4. 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. This document, together with any working arrangements made under it, shall be reviewed annually at a meeting between the Chairman of the Authority and the Chief Executive of 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 Chief Executive of HSE.
  2. This document may be amended or rewritten at any time by agreement of both parties.

Signatures

Geoffrey Podger
Philip Lawrence
(for the Health and Safety Executive)
(for the Coal Authority)
Date: 16 June 2008  
Date: 16 June 2008  
Updated 2008-07-24