(a) appropriate consultation has been carried out under section 227(3) of that Act; and

(b) in accordance with regulation 13.46(2) of the Health and Safety at Work (Hazardous Substances) Regulations 2017, for the purposes of clauses 7 to 11 of this safe work instrument and clauses 4 to 11 of the Schedule of this safe work instrument, compliance with provisions of the Regulations that apply to certain class 6 and 8 substances will not appropriately control risk associated with those substances.