Regulation 18 Exemptions

(1)

The Secretary of State may grant an exemption from compliance with an applicable Code of Practice or any provision of such a Code.

(2)

An exemption may relate to a particular fishing vessel to which that Code of Practice is applicable, or to any class of such vessel.

(3)

An exemption may be granted under paragraph (1) only if—

(a)

the Secretary of State is satisfied that compliance with the applicable Code of Practice or provision, as the case may be, is impractical or unreasonable as regards that vessel or class of vessel, and

(b)

the exemption is subject to such conditions and limitations as will provide a level of safety which is at least equal to that provided by the applicable Code of Practice or provision in question.

(4)

An exemption granted under paragraph (1) is valid only if—

(a)

it is in writing,

(b)

it specifies the date on which it takes effect, and

(c)

it specifies the conditions and limitations to which it is subject.

(5)

The Secretary of State may alter or cancel any exemption granted under paragraph (1).

(6)

An alteration or cancellation under paragraph (5) is valid only if—

(a)

it is in writing,

(b)

it specifies the date on which it takes effect, and

(c)

there is a reasonable period between the issue of the alteration or cancellation and that date.