(1) This regulation
applies to —
(a) the
design of plant, or an item of plant, that immediately before commencement
day —
(i)
was completed or manufactured (as the case requires); and
(ii)
was not required to be registered under OSHR Part 4
Division 2;
or
(b) the
design of plant or an item of plant that —
(i)
on and after commencement day, is completed or
manufactured (as the case requires) before the end of the longer transitional
period; and
(ii)
immediately before commencement day, was not required to
be registered under OSHR Part 4 Division 2.
(2) Part 5.3 of
these regulations does not apply to the plant or plant design.