37—Orders under clause 45 of Schedule 7 to the Act
(1) For the purposes
of clause 45(1) of Schedule 7 to the Act, a person may apply in writing to the
Safety Authority for an order exempting the person from one or more of the
provisions of Part 3 of that Schedule.
(2) Within 28 days
after the Safety Authority receives an application, the Safety Authority must
decide whether or not to make the order.
(3) In making the
decision, the Safety Authority must—
(a)
consult with persons who might be affected by the decision to grant or refuse
an exemption; and
(b) take
into account submissions made by those persons.
Examples—
1 If an operator applies for an exemption, a
health and safety representative might be an affected person.
2 If a health and safety representative applies
for an exemption, an operator might be an affected person.
(4) In granting an
exemption, the Safety Authority—
(a) may
grant an exemption subject to conditions; and
(b) may
specify a period of time in which an exemption applies.
(5) The Safety
Authority must give reasons for the decision.