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4.—(1) Subject to articles 8 and 10, the rail vehicles numbered 63851 to 63895 which form part of the electric multiple-units numbered 444001 to 444045 as manufactured by Siemens plc for use by South West Trains Limited are hereby authorised to be used for carriage even though they do not conform with the provision referred to in paragraph (2).
(2) The provision with which the vehicles are not required to conform is regulation 8(3), but only to the extent that—
(a)it applies to the priority seats situated in that part of the vehicle which offers a different class of passenger accommodation for which a higher fare is payable to that which is offered in the rest of the vehicle; and
(b)it requires the seats described in sub-paragraph (a) to comply with the specification in diagrams B2, B3 and B4 that the minimum clear headroom shall be 1250 millimetres.
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