Regulation 15 Exemption certificates

(1)

Subject to paragraph (2) the Executive may, by a certificate in writing, exempt any person or class of persons or any substance or class of substances from all or any of the requirements or prohibitions imposed by regulations 4 (to the extent permitted by article 9 of Council Directive 98/24/EC), 8, 9, 11(8), (10) and (11) and 14 of these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.

F1(1A)

Article 9 of Council Directive 98/24/EC has effect for the purpose of paragraph (1) as if for the references to “Member States” there were substituted references to “ the Executive ”.

(2)

The Executive shall not grant any such exemption unless having regard to the circumstances of the case and, in particular, to—

(a)

the conditions, if any, which it proposes to attach to the exemption; and

(b)

any requirements imposed by or under any enactments which apply to the case,

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.

Annotations

Textual amendments

F1: Reg. 15(1A) inserted (31.12.2020) by The Health and Safety (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1370), regs. 1(1), 7(5); 2020 c. 1, Sch. 5 para. 1(1)