39.—(1) Subject to paragraph (2), the Health and Safety Executive may, by certificate in writing, exempt any–
(a)person;
(b)class of person;
(c)safety-lamp mine;
(d)class of safety-lamp mine;
(e)part of a safety-lamp mine;
(f)activity;
(g)class of activity;
(h)thing; or
(i)class of thing,
from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and to limit of time and may be revoked by certificate in writing at any time.
(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 other requirements imposed by or under any enactment which apply to the case,
it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced because of it and that the security of explosives or detonators will not be so prejudiced.