Exemptions
38.—(1) Subject to paragraph (3), the Executive may, by a certificate in writing, exempt any mine, or part of a mine or class of mines or any person or class of persons from all or any of the prohibitions and requirements of these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
(2) Where a mine is, for the time being, solely used for a purpose other than for, or in connection with, the getting of minerals or ensuring the safety of another mine, subject to paragraph (3), the Executive may, by a certificate in writing, exempt that mine from all or any of the prohibitions and requirements imposed by or under–
(a)the 1954 Act;
(b)orders and regulations made under or having effect as if made under that Act; and
(c)health and safety regulations which expressly apply to all mines, to any class of mine to which the mine belongs, or the mine,
and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
(3) The Executive 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 enactment which apply to the case,
it is satisfied that the health and safty of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.