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40. No lifting appliance or chain or rope or lifting gear shall be loaded beyond its safe working load except—
(a)for the purpose of making a test of the appliance, chain, rope or gear, and then only to such extent as is specified in the Second Schedule to these Regulations, or
(b)in the case of a crane, in exceptional circumstances to such extent and subject to such conditions as may be approved by the engineer in charge or other competent person, if on each occasion—
(i)the written permission of the owner or his responsible agent has been obtained; and
(ii)a record of the overload is kept in the prescribed form.
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