Deviation from design and specifications, etc., in relation to installation works
12.—(1) Without prejudice to the generality of section 7(7) of the Act, any change in the design and specifications or the proposed installation method and programme before or during the installation of an amusement ride, which, if carried out after the completion of the installation, would constitute a major modification to the amusement ride, shall be considered a deviation in a material way from the design and specifications or the proposed installation method and programme as authorised by the installation permit.
(2) For the purposes of section 7(7) of the Act, the Commissioner may, if he thinks fit, on an application made by the holder of an installation permit in respect of an amusement ride, grant his approval for any deviation from the authorised design and specifications or the authorised installation method and programme of the amusement ride.
(3) An application under paragraph (2) shall be made to the Commissioner in such form and manner as the Commissioner may require and shall —
(a)
specify the deviation required by the applicant and the reasons therefor; and
(b)
be accompanied by —
(i)
the approval in writing of the designer or manufacturer of the amusement ride for the deviation; and
(ii)
such other documents and particulars as the Commissioner may require.
(4) Where, pursuant to an application made under paragraph (2), the Commissioner decides to grant his approval for any deviation from the authorised design and specifications or the authorised installation method or programme of the amusement ride, the Commissioner shall issue a direction in writing to the holder of the installation permit —
(a)
specifying the approved deviation to the authorised design and specifications or the authorised installation method and programme of the amusement ride; and
(b)
requiring the holder of the installation permit to comply with such conditions as the Commissioner may impose in relation to the approved deviation.