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4.—(1) The qualification criteria referred to in regulation 2(3)(b) are that–
(a)the order only applies to a vehicle which–
(i)was first brought into use on or after 1st January 1999;
(ii)is used for carriage on a network on which one or more of the vehicles brought into use before that date are the subject of a network order (an “exempt network”); and
(iii)if used also on one or more networks which are not exempt networks, is not used on them for more than 20 days in total in any calendar year;
(b)the order only applies to a vehicle which–
(i)is used to demonstrate or operate a historical or special type of railway service; and
(ii)is used exclusively or primarily for tourist, educational or recreational purposes.
(2) The disqualification criteria referred to in regulation 2(3)(b) are that–
(a)the order applies to a vehicle first brought into use on or after 1st January 1999 and the order creates or extends the scope of an exemption with no expiry date or an expiry date later than 31st December 2019;
(b)other than where the sole purpose is to amend a typographical error, the order amends an order by extending the period of time for which the exemption applies;
(c)the order is a network order creating or extending the scope of an exemption.
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