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There are currently no known outstanding effects for the The Control of Asbestos Regulations 2006 (revoked), PART 4 .
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32.—(1) Subject to paragraph (4), the Executive may, by a certificate in writing, exempt any person or class of persons or any product containing asbestos or class of such products from all or any of the requirements or prohibitions imposed by regulations 4, 8, 12, 13, 21, 22(5) [F1and (7)] and any such exemption may be granted subject to conditions and to a limit of time and may be varied or revoked by a further certificate in writing at any time.
F2(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Subject to paragraph (4), the Executive may exempt emergency services from all or any of the requirements or prohibitions imposed by regulations 7 and 9 and any such exemption may be granted subject to conditions and to a limit of time and may be varied or revoked by a further certificate in writing at any time.
(4) The Executive shall not grant any exemption under paragraph (1),(2) or (3) unless having regard to the circumstances of the case and in particular to—
(a)the conditions, if any, which it proposes to attach to the exemption; and
(b)any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Textual Amendments
F1Words in reg. 32(1) substituted (1.6.2009) by The REACH Enforcement Regulations 2008 (S.I. 2008/2852), reg. 1, Sch. 10 Pt. 3 para. 9
F2Reg. 32(2) revoked (1.6.2009) by The REACH Enforcement Regulations 2008 (S.I. 2008/2852), reg. 1, Sch. 10 Pt. 2
33. The Secretary of State for Defence may, in the interests of national security, exempt any person or class of persons from [F3the prohibition] imposed by Part 3 of these Regulations by a certificate in writing, and any such exemption may be granted subject to conditions and to a limit of time and may be varied or revoked by a further certificate in writing at any time.
Textual Amendments
F3Words in reg. 33 substituted (1.6.2009) by The REACH Enforcement Regulations 2008 (S.I. 2008/2852), reg. 1, Sch. 10 Pt. 3 para. 10
34. These Regulations shall apply to any work outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2001 M1 as they apply to work in Great Britain.
Marginal Citations
35.—(1) An existing licence issued by the Executive under regulation 4(1) of the Asbestos (Licensing) Regulations 1983 M2 shall—
(a)continue to have effect as if it had been granted under regulation 8(2) of these Regulations;
(b)be of the duration and subject to the conditions specified in it as if that duration and those conditions had been specified under regulation 8(3); and
(c)be liable to variation and revocation under regulation 8(4) and (5),
and any requirement in such a licence concerning notification and any exception to such a requirement shall have effect as a requirement for notification under regulation 9 of and as an exception to such a requirement under regulation 3(2) of these Regulations.
(2) An existing exemption granted by the Executive under regulation 7(1) of the Asbestos (Licensing) Regulations 1983, regulation 8(1) of the Asbestos (Prohibitions) Regulations 1992 M3, or regulation 25(1) of the Control of Asbestos at Work Regulations 2002 M4 shall continue to have effect and be subject to any limitation of time or any conditions specified in it and liable to revocation as if it had been granted under regulation 32(1), F4... or (3) of these Regulations.
(3) An existing exemption granted by the Secretary of State for Defence under regulation 8(3) of the Asbestos (Prohibitions) Regulations 1992 shall continue to have effect and be subject to any limitation of time or any conditions specified in it and liable to revocation as if it had been granted under regulation 33 of these Regulations.
Textual Amendments
F4Word in reg. 35(2) omitted (1.6.2009) by virtue of The REACH Enforcement Regulations 2008 (S.I. 2008/2852), reg. 1, Sch. 10 Pt. 3 para. 11
Marginal Citations
M2S.I. 1983/1649, as amended by S.I. 1986/392 and S.I. 1998/3233.
M3S.I. 1992/3067, as amended by S.I. 1999/2373, S.I. 1999/2977 and S.I. 2003/1889.
36.—(1) The revocations listed in Schedule 4 shall have effect.
(2) The amendments listed in Schedule 5 shall have effect.
(3) Any record or register required to be kept under any Regulations revoked either by paragraph (1) or by regulation 27(1) of the Control of Asbestos at Work Regulations 2002 shall, notwithstanding that revocation, be kept in the same manner and for the same period as specified in those Regulations as if these Regulations had not been made, except that the Executive may approve the keeping of records at a place or in a form other than at the place where, or in the form which, records were required to be kept under the Regulations so revoked.
37. Subject to regulation 21 of the Management of Health and Safety at Work Regulations 1999 M5, in any proceedings for an offence consisting of a contravention of Part 2 of these Regulations it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Marginal Citations
M5S.I. 1999/3242, amended by S.I. 2003/2457 and S.I. 2006/438.
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