40Exemption for certain persons using non-ionising radiation

40 Exemption for certain persons using non-ionising radiation

A person is exempt from the operation of sections 15 and 16(1)(a) of the Act, in respect of the requirement to hold a certificate of accreditation, if –

(a) the person is testing a non-ionising radiation apparatus; and

(b) the person is authorised by a licence under section 13(1) of the Act to sell the non-ionising radiation apparatus, or a class of that apparatus; and

(c) the non-ionising radiation apparatus –

(i) is subject to –

(A) regular servicing that is carried out in accordance with the recommendations of the manufacturer of the apparatus; or

(B) a valid service agreement; and

(ii) complies with all relevant compliance standards, specifications and codes of practice in respect of the apparatus.