Health and Safety at Work Act 2015

221 Status and publication of exemptions granted by regulator

(1)

An exemption under section 220 is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it relates only to 1 or more named persons.

(1A)

If an exemption is secondary legislation, the regulator’s reasons for granting the exemption (including why it is appropriate) must be published with the exemption.

(2)

If an exemption is not secondary legislation, subsections (3), (4), and (5) apply.

(3)

As soon as practicable after an exemption granted under section 220 is made, it must be—

(a)

notified in the Gazette; and

(b)

published on an Internet site maintained by or on behalf of the regulator.

(4)

The regulator’s reasons for granting the exemption (including why the exemption is appropriate) must be published in accordance with subsection (3)(b) together with the exemption.

(5)

A notification in the Gazette for the purpose of subsection (3)(a) does not have to incorporate the exemption.

(6)

[Repealed]

Legislation Act 2019 requirements for secondary legislation referred to in subsection (1)
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 221(1): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 221(1A): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 221(2): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 221(6): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).