PART 3N.I.EXEMPTIONS

[F1ExceptionsN.I.

12A.(1) The Department of Justice may issue an exception from the requirements and prohibitions arising under Part 2 of these Regulations when satisfied that safety would not be compromised and either—

(a)the carriage is of small quantities of dangerous goods and the substances have neither a medium nor high level of radioactivity;

(b)the carriage is national carriage over short distances; or

(c)the carriage is national carriage by rail on routes designated by the Department of Justice as—

(i)forming part of a defined industrial process; and

(ii)being closely controlled under clearly specified conditions.

(2) An exception issued under paragraph (1) must not be for a period exceeding six years from the date of issue.

(3) Prior to issuing an exception, the Department of Justice—

(a)must consult the Northern Ireland competent authority; and

(b)may consult—

(i)the authorities identified in regulation 22 as being enforcing authorities for the carriage concerned, where that authority is not consulted pursuant to sub-paragraph (a); and

(ii)such other bodies as appear to the Department of Justice to be appropriate.

(4) The Department of Justice may renew, and in doing so may amend, an exception issued under paragraph (1) for a further period not exceeding six years from the date of renewal.

(5) The Department of Justice shall not bring to an end, or substantially alter, an exemption unless those who might be affected have been consulted.

(6) This regulation does not limit the power to issue an authorisation under regulation 13(1).]