Regulation 18(2)
1. The Secretary of State may decide that it is necessary in the interests of defence for a person to be exempt from compliance with a requirement or prohibition in the Biocides Regulation or the CLP Regulation.N.I.
2. The Secretary of State may decide to apply the exemption—N.I.
(a)to a person, including the Secretary of State, or a category of persons;
(b)to one or more requirement or prohibition at the same time;
(c)prospectively;
(d)for a limited or unlimited period;
(e)generally or to a particular case;
(f)subject to such limitations and conditions as the Secretary of State sees fit.
3. A decision by the Secretary of State to apply the exemption must be evidenced in writing by a certificate.N.I.
4. A certificate—N.I.
(a)must contain sufficient particulars of the persons to whom, and the matters to which, it relates; and
(b)may be varied or revoked in writing.
5. The Secretary of State may provide to a person who has the benefit of a certificate—N.I.
(a)the certificate;
(b)a copy of it; or
(c)a copy of a relevant extract of the certificate.
6. A person who claims the benefit of a certificate must produce to the person listed in paragraph 7, when reasonably requested to do so—N.I.
(a)the certificate;
(b)a copy of it made by the Secretary of State; or
(c)a copy made by the Secretary of State of a relevant extract of the certificate.
7. The persons referred to in paragraph 6 are—N.I.
(a)an enforcing authority;
(b)a competent authority;
(c)the equivalent of an enforcing authority of another Member State;
(d)the European Chemicals Agency.
8. Unless the contrary is proved—N.I.
(a)a certificate;
(b)a copy of it made by the Secretary of State; or
(c)a copy made by the Secretary of State of a relevant extract of the certificate,
is conclusive evidence of the matters to which it relates.
9. A person who fails to comply with paragraph 6 shall not be exempt from compliance with a requirement or prohibition in the Biocides Regulation or the CLP Regulation in the interests of defence.N.I.