Regulation 21 Exemption certificates

(1)

Subject to paragraph (2), the Health and Safety Executive may, by certificate in writing, exempt any person or class of persons, or activity or class of activities to which these Regulations apply, from any requirement or prohibition imposed by 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.

(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 other requirements imposed by or under any enactment 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 because of it.

(3)

The Secretary of State for Defence 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 within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952^f1;

(c)

any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964^f2; and

(d)

any person engaged in the carriage, keeping or supply of any military explosives (within the meaning of regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983^f3) if that person is under the direct supervision of the Ministry of Defence,

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.

Annotations

Footnotes

f1: 1952 c. 67.
f2: 1964 c. 5.
f3: S.I. 1983/1140.