MINES ACT (NORTHERN IRELAND) 1969 - SECT 127 Cancellation or suspension of certificates.

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MINES ACT (NORTHERN IRELAND) 1969 - SECT 127

Cancellation or suspension of certificates.

127.(1) On the conviction of an offence under this Act of the holder of a
certificate granted by the Ministry under this Act, the court by which he is
sentenced may, on an application for that purpose made on behalf of
the Ministry, cancel or suspend the certificate in addition to or instead of
imposing any other penalty to which the person convicted may be liable if,
having regard to the nature of the offence and the circumstances in which it
was committed, the court is of opinion that that person is unfit to continue
to hold the certificate; and where a certificate held by a person is cancelled
or suspended under this subsection, he shall have the same right of appeal as
if the cancellation or suspension were a sentence passed by the court on his
conviction.

(2) A court shall not exercise the power conferred by subsection (1) unless

(a)notice of intention to make an application thereunder has been served on
the person convicted at the same time as the service or execution of the
summons or warrant issued in pursuance of the complaint charging him with the
offence of which he is convicted; and

(b)the said person has, on pleading to the charge, been given an opportunity
to elect, but has not elected, to have the question of the cancellation or
suspension of his certificate inquired into under subsection (3).

(3) The Ministry

(a)may, in the case of a person who is the holder of any such certificate as
aforesaid, where it appears to the Ministry that there is reason to believe
that that person is, by reason of incompetence or gross negligence or
misconduct in the performance of duties of his with respect to a mine, unfit
to continue to hold the certificate; and

(b)shall, in the case of a person who is the holder of such a certificate and
has made an election under subsection (2)(b),

(4) The provisions of Part I of Schedule 3 shall have effect with respect to
the constitution and procedure of the tribunal holding an inquiry under
subsection (3) and with respect to the holding of the inquiry.

(5) Where, under subsection (1), an application is made to a court for the
cancellation or suspension of a certificate and the holder does not elect
under subsection (2)(b) to have the question of the cancellation or suspension
inquired into under subsection (3), no inquiry into his conduct shall be held
by a tribunal under this section on the same grounds as those considered by
the court; and where an inquiry is held by a tribunal under this section into
the conduct of the holder of a certificate, no application to a court for the
cancellation or suspension of the certificate shall be made under subsection
(1) on the same grounds as those considered at the inquiry.

(6) The Ministry may at any time, if it is shown to the Ministry to be just so
to do, restore a certificate cancelled under this section or shorten the
period for which a certificate is suspended thereunder.

(7) A certificate suspended under this section shall, during the period of
suspension, be of no effect.

(8) The provisions of Part II of Schedule 3 shall have effect with respect to
the delivery up of a certificate to a court or tribunal and with respect to
the subsequent proceedings with respect to a certificate so delivered up.

(9) Notwithstanding anything contained in the foregoing provisions of this
section, when any certificate granted to any person under section 147 of the
Mines and Quarries Act 1954 or any enactment repealed by that Act is cancelled
or suspended, the Ministry may cancel or in like manner suspend any
certificate granted to that person under section 126.

Regulation of tips.

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Northern Irish Legislation

MINES ACT (NORTHERN IRELAND) 1969 - SECT 127