14Exemption from provisions of these Regulations

14 Exemption from provisions of these Regulations

(1) A person may apply to the Authority for an exemption from compliance with any requirement in these Regulations, except a requirement that a person hold a licence.

(2) An application for an exemption must—

(a) state the provisions from which the exemption is sought; and

(b) explain the method by which the applicant intends to ensure that there is a level of health and safety of persons, and a level of safety of property, that is at least equivalent to that which would be achieved by compliance with the provisions.

(3) The information provided for the purposes of subregulation (2)(b) must include information relating to any risk associated with noise.

(4) On receiving an application for an exemption, the Authority may—

(a) grant the exemption in whole or in part; or

(b) refuse to grant the exemption.

(5) The Authority must not grant an exemption under this regulation unless it is satisfied that—

(a) the method explained for the purposes of subregulation (2)(b) is capable in itself, or as supported by conditions imposed under subregulation (7), of achieving a level of health and safety of persons, and a level of safety of property, that is at least equivalent to that which would be achieved by compliance with the provisions; or

(b) the provisions that are to be the subject of the exemption are requirements under these Regulations that are⎯

(i) not directly associated with a measure to eliminate or reduce any risk; and

(ii) inappropriate or unnecessary in the circumstances.

(6) An exemption under this regulation must be in writing.

(7) The Authority may impose conditions on an exemption in relation to any of the following—

(a) the commencement and duration of the exemption;

(b) the things and activities for which the exemption has been granted;

(c) the person or class of persons to whom the exemption has been granted;

(d) the premises or class of premises for which the exemption has been granted;

(e) the provisions of these Regulations from which the exemption has been granted;

(f) requirements to provide further information to the Authority, if relevant to the exemption and reasonably requested by the Authority;

(g) the monitoring or recording of systems of work or processes used at the premises exempted or by the person exempted;

(h) a requirement that the person exempted give notice of the exemption and of the conditions of the exemption to any specified person or body who may be affected;