38Modification of owner’s obligation to comply with determination

#### 38 Modification of owner’s obligation to comply with determination 38 Modification of owner’s obligation to comply with determination > > (1) The obligation imposed on the owner of an underground coal mine by section 37 (2) or (5) is modified to the extent that the mines rescue company— > > > > > (a) has refused to appoint as a member of the Brigade a person whose name is included in a list provided by the owner under section 37 (3), or > > > > > (b) has terminated the appointment of a member previously appointed from a list so provided. > > > (2) That obligation is also subject to the willingness of the persons whose names are included in such a list to be appointed as members of the Brigade.