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The Petroleum (Consolidation) Regulations 2014

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Appeals from refusals by petroleum enforcement authorities to grant storage certificatesE+W+S

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11.—(1) A person who is aggrieved by a decision of a petroleum enforcement authority not to grant a storage certificate may appeal to the Secretary of State.

(2) Subsections (2) to (6) of section 44 of the 1974 Act apply for the purposes of this regulation as they apply to an appeal under section 44(1) of that Act.

(3) The Health and Safety Licensing Appeals (Hearings Procedure) Rules 1974(1) apply for the purposes of this regulation, but as if any reference in those Rules—

(a)to an appeal were a reference to an appeal under paragraph (1); and

(b)to a licensing authority were a reference to a petroleum enforcement authority.

(4) Paragraph (3) applies in Scotland as if the reference to the Health and Safety Licensing Appeals (Hearings Procedure) Rules 1974 were a reference to the Health and Safety Licensing Appeals (Hearings Procedure) (Scotland) Rules 1974(2).

(5) The Secretary of State, when determining the appeal, may direct the petroleum enforcement authority to grant a storage certificate.

(6) In paragraph (5) “Secretary of State” includes a person who under section 44(2) of the 1974 Act determines the appeal on behalf of the Secretary of State.

Commencement Information

I1Reg. 11 in force at 1.10.2014, see reg. 1(2)

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