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The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

Changes over time for: Section 11

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Version Superseded: 31/12/2020

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11.—(1) The Secretary of State for Transport may exempt the carriage of dangerous goods from requirements and prohibitions arising under Part 2 of these Regulations.

(2) But paragraph (1) only applies for the purposes of—

(a)implementing a derogation authorised under article 6(2) to (4) of the Dangerous Goods Directive;

(b)maintaining a transitional provision permitted by article 7 of the Dangerous Goods Directive; or

(c)ensuring that carriage to which these Regulations apply, but the Dangerous Goods Directive, ADR or RID does not apply, is carried out in a manner consistent with a derogation or transitional provision referred to at sub-paragraph (a) or (b).

(3) Where any exemption is granted pursuant to paragraph (1), that exemption is to be set out in a document to be called “[F1Carriage of] Dangerous Goods: Approved Derogations and Transitional Provisions”.

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

(5) In the document the Secretary of State must set out—

(a)the types of carriage to which the exemption applies;

(b)the circumstances in which the exemption applies;

(c)the requirements and prohibitions that do not apply pursuant to paragraph (1); and

(d)any requirements and prohibitions that apply instead.

(6) The Secretary of State may not bring to an end, or substantially alter, an exemption unless those who might be affected have been consulted.

(7) This regulation does not limit the power to issue an authorisation under regulation 12(1).

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