Exceptions12A

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).

Documentation of exemptions and exceptions12B

1

Where any—

a

exemption is granted pursuant to regulation 12(1); or

b

exception is issued pursuant to regulation 12A(1),

that exemption or exception is to be set out in a document called “Carriage of Dangerous Goods: Approved Derogations, Transitional Provisions and Exceptions” (in this regulation referred to as “the document”).

2

The document may be revised in whole or in part from time to time.

3

In the document the Department of Justice must set out—

a

the types of carriage to which the exemption or exception applies;

b

the circumstances in which the exemption or exception applies;

c

the requirements and prohibitions that do not apply pursuant to regulations 12(1) or 12A;

d

any requirements and prohibitions that apply instead; and

e

in the case of an exception, the date upon which it was first issued, the dates of any renewals under regulation 12A(4) and the date the exception is due to expire.