Regulation 23 Certificates of exemptionI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 23 words substituted by Health and Safety (Modifications) 1999 reg. 2 Sch.
reg. 23(1) words inserted by Health and Safety (Amendments and Revocation) 2020 reg. 6(2)(a)
reg. 23 coming into force by Offshore Installations and Wells (Design and Construction, etc.) 1996 reg. 1
reg. 23(1) words inserted by Offshore Installations (Offshore Safety Directive) (Safety Case etc.) 2016 Sch. 14 para. 32
reg. 23(1) words inserted by Health and Safety (Amendments and Revocation) 2020 reg. 6(2)(b)

(1)

Subject to paragraph (2) and to any of the provisions imposed by the Communities in respect of the encouragement of improvements in the safety and health of workers at work, the Department 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.

(2)

The Department 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 statutory provisions 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

Commencement

I1: Reg. 23 in operation at 21.7.1996, see reg. 1