reg 14 Exemption from need to conform with NTSNs (exemptions)
(1) The Competent Authority may determine that, in the circumstances or cases specified in paragraph (2), the whole or part of a relevant NTSN is not to apply in relation to a subsystem (“ an exemption ”). (2) The circumstances or cases are— (a) any project which— (i) is for a proposed new subsystem; (ii) is for the renewal or upgrading of an existing subsystem; or (iii) concerns the design, construction, placing in service, upgrading, renewal, operation and maintenance of the parts of the rail system as well as the professional qualifications and health and safety conditions of the staff who contribute to its operation and maintenance, and the project is at an advanced stage of development having regard to the impact that a change in technical specification would have on the project or the project is the subject of a contract in the course of performance when the applicable NTSN is published; (b) any project concerning the renewal or upgrading of an existing subsystem, where the loading gauge, track gauge, space between tracks or electrification voltage in the applicable NTSN is not compatible with those of the existing subsystem; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) any proposed renewal, extension or upgrading of an existing subsystem when the application of an applicable NTSN would compromise the economic viability of the project or the compatibility of the project with the rail system in the United Kingdom; (e) following an accident or natural disaster, where the conditions for the rapid restoration of the network do not economically or technically allow for partial or total application of an applicable NTSN ; and (f) a project which employs innovative solutions which either do not comply with the relevant NTSNs or to which the assessment methods in those NTSNs cannot be applied. (2A) In this regulation and in regulation 14A, a reference to a project at an advanced stage of development means a project whose planning or construction stage has reached a point where the impact of a change in technical specifications would present a significant legal, contractual, economic, financial, social or environmental impediment to the project concerned. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .