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The Dangerous Substances and Explosive Atmospheres Regulations 2002

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Exemptions for Ministry of Defence etc.

14.  (1)  In this regulation—

(a)“Her Majesty’s Forces” means any of the naval, military or air forces of the Crown, whether raised inside or outside the United Kingdom and whether any such force is a regular, auxiliary or reserve force, and includes any civilian employed by those forces;

(b)“visiting force” has the same meaning as it does for the purposes of any provision of Part 1 of the Visiting Forces Act 1952(1); and

(c)“headquarters” means a headquarters for the time being specified in Schedule 2 to the Visiting Forces and International Headquarters (Application of Law) Order 1999(2).

(2) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing, exempt—

(a)any of Her Majesty’s Forces,

(b)any visiting force,

(c)any member of a visiting force working in or attached to a headquarters, or

(d)any person engaged in work involving dangerous substances, if that person is under the direct supervision of a representative of the Secretary of State for Defence,

from all or any of the requirements or prohibitions imposed by 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, except that, where any such exemption is granted, suitable arrangements shall be made for the assessment of the risk to safety created by the work involving dangerous substances and for adequately controlling the risk to persons to whom the exemption relates.

(1)

1952 c. 67 (15 & 16 Geo 6 & 1 Eliz 2).

(2)

S.I. 1999/1736.

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