Certificates of exemption20

1

Subject to paragraph (2) and to any Community obligation 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, offshore installation or class of persons or offshore installations 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. Application of the Employers' Liability (Defective Equipment and