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The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007

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This is the original version (as it was originally made).

The issuing of authorisations to carry dangerous goods in circumstances where carriage would otherwise contravene the Regulations

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9.—(1) This regulation does not apply in relation to prohibitions or requirements arising under Part 4 of these Regulations.

(2) In relation to carriage that takes place wholly within Great Britain—

(a)the Secretary of State for Transport in relation to all classes of dangerous goods; or

(b)the Health and Safety Executive in relation to class 1 goods,

may authorise in writing a person or class of persons to carry for a limited time dangerous goods contrary to the prohibitions or requirements arising under these Regulations.

(3) An authorisation issued pursuant to paragraph (2) shall set out—

(a)the carriage that is covered by the authorisation;

(b)the reason that the authorisation is being issued; and

(c)the period of time in relation to which the authorisation is to be valid.

(4) An authorisation issued pursuant to paragraph (2) may be—

(a)made subject to conditions; and

(b)withdrawn at any time by the provision of a notice in writing to that effect to the person authorised and such a notice may provide that the withdrawal of the authorisation shall have effect from a date specified in that notice.

(5) Any exemption or authorisation granted pursuant to regulation 36(1), (5), (6) or (8) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 that was in force immediately before the coming into force of these Regulations shall be deemed to be an authorisation issued pursuant to—

(a)if granted by the Secretary of State, paragraph (2)(a); or

(b)if granted by the Health and Safety Executive, paragraph (2)(b),

of this regulation and be subject to the same conditions as were in force immediately before the coming into force of these Regulations.

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