Exemption certificates
13.—(1) Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons or any dangerous substance or class of dangerous substances from all or any of the requirements or prohibitions imposed by or under 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 the Executive by a further certificate in writing.
(2) 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 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 and that the exemption will be compatible with the requirements of the Directives.
(3) For the purposes of paragraph (2), “the Directives” means Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work(1) and Council Directive 99/92/EC on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres(2).
O.J. No. L 131, 5.9.98, p. 11
O.J. No. L 23, 28.1.00, p. 57