PART 5MISCELLANEOUS
Exemptions30
1
Subject to paragraphs (2) and (3), the F1Office of Rail and Road may, by certificate in writing, exempt any person or class of persons or any transport system or part of a transport system from any requirement or prohibition imposed by these Regulations.
2
The F1Office of Rail and Road shall not grant any such exemption in relation to any requirement or prohibition imposed by Part 2 or 3 in relation to an operation carried out on the mainline railway other than an exemption to an operator of last resort from the requirement to copy the documents referred to in regulation 17(3)(a)(i) and (ii) to an affected party or to notify an affected party as the case may be.
3
The F1Office of Rail and Road 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 applies 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.
4
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt any person or class of persons from any requirement or prohibition imposed by these Regulations.
5
An exemption granted pursuant to paragraph (1), (2) or (4) may be granted subject to conditions and to a limit of time.
6
An exemption granted pursuant to—
a
paragraph (1) or (2) may be revoked by the F1Office of Rail and Road; and
b
paragraph (4) may be revoked by the Secretary of State for Defence,
at any time by a further certificate in writing.