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Exemptions

6.—(1) In relation to a person authorised by or on behalf of the Secretary of State for Defence to use the BUTEC Base Area or BUTEC Sea Ranges for a military purpose and, where that person is a member of one of Her Majesty’s forces, to persons under his or her command, in so far as the byelaws would otherwise apply to any part of the BUTEC Base Area or BUTEC Sea Ranges—

(a)byelaws 3(1), 3(2) and 5(2) do not apply,

(b)byelaws 4(1), 4(2), 4(3) and 5(4), apply, except to the extent that they are acting for the authorised military purpose.

(2) Byelaws 3(1), 3(2), 4(1), 4(2), 4(3), 5(2) and 5(4) do not apply to —

(a)a person to the extent that he or she is acting under and in accordance with permission given in writing by the appointed person;

(b)a constable acting in the execution of his or her duties;

(c)a person acting for fire and rescue or ambulance purposes who is responding to an emergency within the controlled land area or a protected land area.

(3) Byelaws 3(1), 3(2), 4(1) and 4(2) do not apply to a person in charge of a vessel being used—

(a)to place, maintain or remove aids to navigation;

(b)for the purposes of the Commissioners of Northern Lighthouses.

(4) In relation to a person in charge of a vessel who has been given oral permission to navigate through the inner sea area by the watch-keeper for the area, byelaw 3(1) does not apply—

(a)to the extent that he or she is acting under and in accordance with that permission; and

(b)where the vessel is a fishing vessel, that any gear used for the purpose of trawling is stowed before entering the area and not used whilst navigating through.