# The Dangerous Goods in Harbour Areas Regulations 2016, Regulation 28: Exemptions

Extent: E+W+S

(1) Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons, from any requirement or prohibition imposed by or under these Regulations, and any such exemption may be granted subject to conditions and to a time limit and may be revoked at any time by a certificate in writing.
(2) The Health and Safety Executive shall not grant any 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 other requirements imposed by or under any enactment which apply to the case;
it is satisfied that neither the health or safety of persons, nor the security of any explosive, likely to be affected by the exemption will be prejudiced in consequence of it.
(3) The Secretary of State may, in the interests of national security, by a certificate in writing, exempt from all or any requirements or prohibitions imposed by these Regulations—
(a) Her Majesty’s forces;
(b) visiting forces or headquarters;
(c) any person engaged in the carriage, keeping or supply of any military explosives, if that person is under the direct supervision of a representative of the Ministry of Defence,
and any such exemption may be granted subject to conditions and time limit and may be revoked by a certificate in writing at any time.
(4) In this regulation “military explosives” has the same meaning as in regulation 25(11)(a) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009.

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Source: https://www.legislation.gov.uk/uksi/2016/721/regulation/28 (the official version)
Page: https://openlegislation.uk/dangerous-goods-in-harbour-areas-regulations-2016/regulation-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.