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Rights of mine manager with respect to instructions given by or on behalf of owner.
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14.—(1) Any instructions given to the manager of a mine by or on behalf of the owner, affecting the fulfilment by the manager of his statutory responsibilities, shall, so far as they are not written, be confirmed in writing, by the person by whom they were given, forthwith on the request of the manager.
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(2) Except in a case of emergency, neither the owner of a mine nor a person acting on his behalf shall, except with the consent of the manager, give, otherwise than through the manager, any instructions to a person employed at the mine who is responsible to the manager.
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(3) Where, in any excepted case, the owner of a mine or a person acting on his behalf gives instructions which would otherwise be required to be given through the manager, the person who gave the instructions shall forthwith inform the manager of the substance thereof and, on the request of the manager, confirm them in writing forthwith.
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(4) Where, in the case of a mine whereof the manager is under this Part required to hold qualifications for his office, instructions are given by or on behalf of the owner to the manager, or a person appointed by the manager in pursuance of this Act or regulations, then, if the manager is of opinion that the execution of the instructions would or might be likely to prejudice the safety or health of the persons employed at the mine (or any of them) or to impede him in the discharge, in relation to the mine, of any duty imposed on him by or by virtue of this Act, he may,—
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(a) in a case where the instructions are given to him, decline to execute them until they are confirmed in writing by a person qualified for appointment as manager of the mine who is authorised in writing by the owner to confirm instructions so given,
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(b) in any other case, direct that the instructions be not executed until they are so confirmed by such a person.
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(5) Subsection (4) shall not apply to instructions given by an owner of a mine who is an individual qualified for appointment as manager of such a mine or by such a person as is mentioned in paragraph (a) of that subsection.
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(6) Where, in the case of a mine to which subsection (4) applies, instructions are given and confirmed as therein mentioned, the document by which they are confirmed shall be preserved by the manager, and a copy of that document shall be preserved by the owner, in each case for three years after the instructions cease to be operative.
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