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Regulation 70 ExemptionsI1

England, Wales and Scotland

(1)

Subject to paragraph (4), the Executive may, by a certificate in writing, exempt any mine, part of a mine or class of mines, any person or class of persons, any plant or equipment or class of plant or equipment, or any operation or class of operations from all or any of the requirements and prohibitions in these Regulations.

(2)

An exemption granted under paragraph (1) may be—

(a)

subject to conditions; and

(b)

subject to a time limit.

(3)

An exemption granted under paragraph (1) may be revoked at any time by a certificate in writing.

(4)

The Executive may not grant an exemption under paragraph (1) unless 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, having regard to the circumstances of the case and in particular to—

(a)

the conditions (if any) it proposes to attach to the exemption; and

(b)

any other requirements imposed by or under any enactment which apply to the case.

Annotations

Commencement

I1

Reg. 70 in force at 6.4.2015, see reg. 1(2)