Cooperation between HSE and the Coal Authority
OC 693/7 Version 3
Appendix 3 – Memorandum of agreement between the Health and Safety Executive and the Coal Authority
1.1 This Memorandum of Agreement is made between the Health and Safety Executive (‘ the Executive’) and the Coal Authority (‘the Authority’). It sets out the arrangements agreed for the holding of certain information by the Authority on behalf of the Executive and replaces the Agreement made on 27 January 2000
1.2 Whereas the Authority has been approved by the Executive for the purposes of Regulation 45 (3) of the Quarries Regulations 1999 (which requires that accurate plans of abandoned quarries of coal should be sent to the Executive, or to a body approved by it, in specified circumstances).
- Regulation 32 of the Management and Administration of Safety and Health at Mines Regulations 1993 (the 1993 Regulations);
- Section 7 of the Mines and Quarries (Tips) Act 1969; and
- Regulation 45(4) of the Quarries Regulations 1999
require plans and other documents which have been sent to the Executive, or another person or body, in accordance with those provisions to be retained by the Executive or in accordance with arrangements approved by the Executive.
1.4 Whereas the Executive has approved the arrangements which are set out in this Agreement for the retention of the documents described in clause 2 below.
2 Information covered by this agreement
2.1 This agreement covers the keeping of the following documents:
- the plans, sections, reports, records, drawings, certificates and working papers required to be sent to the Executive under:
- Regulation 31 of the 1993 Regulations; and
- Regulation 24 of the Mines and Quarries (Tips) Regulations 1971.
- the plans required to be sent to the Executive, or a body approved by it, under Regulation 45(3) of the Quarries Regulations 1999;
- the plans, sections, working papers, certificates and other documents or information previously kept by British Coal being:
- information held under previous Memoranda of Agreement between the National Coal Board and the Minister of Fuel and Power (dated 5 May 1956) and the National Coal Board and the Secretary of State for Trade and Industry (dated 8 November 1971)1;
- information formerly preserved by Scottish Oils Limited under arrangements with the Minister of Power and later deposited with the National Coal Board.
1- Certain other information, including information on surface boreholes previously held by British Coal, is now held by the Authority, but is not covered by this agreement.
3 Storage, cataloguing and other arrangements
3.1 Subject to the provisions of sections 57, 58 and 59 of the Coal Industry Act 1994 the Authority undertakes:
- to keep the plans and other documents in accommodation approved by the Executive. The plans shall be kept in accommodation that is appointed as a place of deposit for public records under section 4(1) of the Public Records Act 1958;
- to ensure that the handling and storage of the plans and other documents, and other related administration shall be under the general supervision of a surveyor holding a Mine Surveyor’s Certificate approved by the Executive under Regulation 17 of the 1993 Regulations;
- to maintain a catalogue of the plans and other documents it holds under this agreement and keep a duplicate catalogue in a separate place approved by the Executive;
- to permit an inspector, appointed under section 19 of the Health and Safety at Work etc. Act 1974 (“inspector”) to inspect the catalogue at any reasonable time;
- to keep a complete set of catalogues of the plans and other documents at such places as may, from time to time, be agreed with the Executive, and make such catalogues available for reference free of charge;
- to make the plans and other documents available, in a format prescribed by the Authority, for inspection by interested bodies and individuals on request;
- to provide copies of plans and other documents on request to interested bodies and individuals subject to reasonable notice and on payment of a reasonable charge to cover costs;
- to keep a reduced scale copy of each plan deposited, in an appropriate form to be approved by the Executive, in a separate place from the deposited plans.
3.2 The plans and other documents will remain the property of the Executive and the Authority shall, at any time, if requested by an inspector, provide him with copies of the plans and other documents for retention, or with the original plans and other documents for temporary use.
4 Termination of agreement
4.1 This Agreement may be terminated by either party giving to the other at least twelve months notice in writing. At the end of the notice period the plans and other documents shall be delivered to the Executive in accordance with arrangements specified by the Executive.
(for the Coal Authority)
(for the Health and Safety Executive)