I would feel that the Herald of Free Enterprise case, in which an attempt was made to prosecute the Master of the vessel for actions he could not over-rule (specifically, the procedure of "negative reporting" by which safety-critical decisions were taken in the assumption that no report meant that all was in order), and the Master exonerated, meant that Deputies were in the same position.
Realistically, the Regs MUST change, because the system they were designed to support has ceased to exist. The ex-NCB dinosaurs at the Ministry are finally fading away and there is no-one to take their place.
Many opportunities have been missed. I investigated doing my Mine Surveyors' ticket in 2004, while working for Scott Wilson on a major mine development in Iran to UK standards; the actual exam seemed no problem, but the brusque dismissal from the Board scotched that idea. I've met a fair few South African surveyors who have completed the SACM training, who were told the same.
Camborne School of Mines in conjunction with RICS, have compiled what amounts to a replacement for the Mine Surveyors' ticket, with the merit that you can actually complete the course; similar situations apply for electricians etc.
There was much that was good and proper in the old Regs, but it's long past time they were laid to rest.
plus ca change, plus c'est le meme chose