Regulation 23 Certificates of exemption
England, Wales and Scotland
Subject to paragraph (2) and to any of the provisions imposed by F1the European Union F2(as they had effect immediately before IP completion day) in respect of the encouragement of improvements in the safety and health of workers at work F3or under Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC, the Executive may, by a certificate in writing, exempt any person, installation, well or class of persons, installations or wells from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and with or without limit of time and may be revoked by a certificate in writing at any time.
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and, in particular, to—
the conditions, if any, which it proposes to attach to the exemption; and
any other 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
Words in reg. 23 substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 4
- F2
Words in reg. 23(1) inserted (31.12.2020) by The Health and Safety (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1370), regs. 1(1), 6(2) (as amended by S.I. 2020/660, regs. 1(1), 6); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in reg. 23(1) inserted (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398), reg. 1, Sch. 13 para. 31 (with reg. 4(2), Sch. 14)