The Health and Safety (Miscellaneous Provisions) Regulations (Northern Ireland) 1992

Regulation 3

SCHEDULE 2 Repeals and Modifications of Statutory Provisions relating to the Flash Points of Highly Flammable Liquids, etc.

Column 1	Column 2
Provisions	Extent of Repeal or Modification
1.  Petroleum (Consolidation) Act (Northern Ireland) 1929 (i) Section 17	After subsection (3) insert the following new subsection— “(3A) Where— (a) by virtue of doubt as to whether the samples tested under subsection ( 1) are petroleum-spirit. another test is desirable; or (b) a person is appointed by the court under subsection (3) to carry out a test of the sample to which the certificate relates; such tests shall be carried out using the Abel test apparatus.”.
(ii) Section 20	Repeal.
(iii) Section 23(1)	(a) For the definition of petroleum-spirit. substitute the following definition— ““Petroleum-spirit” means such petroleum as when tested in accordance with Part IV of Schedule I to the Classification. Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985 (S.R. 1985 No. 81) has a flash point of less than 21° Celsius.”. (b) Repeal the definition of “I.W.G.”.
(iv) Schedule 2	Repeal.
2.  Petroleum (Mixtures) Order (Northern Ireland) 1930 (i) Article 1	For the words following “Petroleum Spirit” substitute the following words— “except in so far as the methods referred to in Part IV of Schedule 1 to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985 (S.R. 1985 No. 81 ) are inconsistent with or contradictory to Part II of the Schedule (manner of testing mixtures of petroleum).”.
(ii) The Schedule, Part 1	For “seventy-three degrees Fahrenheit” substitute “23 degrees Celsius”.
(iii) The Schedule. Part II Paragraph 1 (liquid mixtures)	For the words following “shall be tested by” substitute the words— “a suitable method referred to in Part IV of Schedule I to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985.”.
Paragraph 2 (sedimentary and viscous mixtures)	(a) In sub-paragraph (1) for the words following “tested by” substitute the words— “a suitable method referred to in Part IV of Schedule I to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985.”. (b) In sub-paragraph (2) for the words following “a stirrer” substitute the words— “appropriate to the method of test and the test shall be carried out by a suitable method referred to in Part IV of Schedule I to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985.”. (c) In sub-paragraph (4) for the words following “shall be” substitute the words— “a test specified in Part IV of Schedule I to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985.”.
Paragraph 3 (solid mixtures)	(a) For the words from “of which a specification” to “the Act of 1929” substitute “which is carried out with Abel apparatus according to a method for that apparatus set out in Part IV of Schedule I to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985.”. (b) For “cylinders 1½ % inches long” substitute “cylinders 38 millimetres long”. (c) For “¼ inch in diameter” substitute “6 millimetres in diameter”. (d) For “shortened to ½ inch” substitute “shortened to 13 millimeters” (e) For “a depth of 1½ inches” substitute “a depth of 38 millimetres”. (f) For “about 75° Farenheit” substitute “about 22° Celsius”. (g) For “72° Farenheit” substitute “20° Celsius”. (h) For “73° Farenheit” substitute “21° Celsius”.
3.  The Dry Cleaning Special Regulations (Northern Ireland) 1950(1) Regulation 2(2)	(a) For the definition of “Flash point” substitute the following definition— ““Flash point”, subject to paragraph (2A), means the flash point determined in accordance with Part IV of Schedule 1 to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985 (S.R. 1985 No. 81).”. (b) After regulation 2(2) insert the following paragraph— “(2A) In determining the flash point for the purposes of these Regulations Part IV of Schedule 1 to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985 shall apply as if for paragraph 4(6) of that Part there were substituted the following sub-paragraph— “(b) by one of the non-equilibrium methods referred to in paragraph 6, except that when the flash point falls within the range 30°C to 34°C that flash point shall be confirmed by the use of the like apparatus using the appropriate equilibrium method referred to in paragraph 5.”.”.
4.  The Shipbuilding and Ship-repairing Regulations (Northern Ireland) 1971(2) Regulation 3	For the definition of “Abel closed test” substitute the following definition— ““Abel closed test” means a test carried out with Abel apparatus according to a method for that apparatus set out in Part IV of Schedule 1 to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985 (S.R. 198.5 No. 81).”.
5.  The Highly Flammable Liquids and Liquefied Petroleum Gases Regulations (Northern Ireland) 1975(3) (i) Regulation 2	(a) Regulation 2 shall be renumbered 2( 1) and in the definition of “highly flammable liquid” for the words “in the manner specified in Schedule 1” to the word “temperature” substitute “in accordance with Part IV of Schedule 1 to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985(S.R. 1985 No. 81) has a flash point”. (b) After regulation 2( 1) insert the following paragraph— “(2) In determining the flash point for the purposes of these Regulations Part IV of Schedule 1 to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985 shall apply as if for paragraph 4(b) of that Part there were substituted the following sub-paragraph— “(b) by one of the non-equilibrium methods referred to in paragraph 6, except that when the flash point falls within the range 30°C to 34°C that flash point shall be confirmed by the use of like apparatus using the appropriate equilibrium method referred to in paragraph 5.”.”.
(ii) Schedule 1	Repeal.
6.  The Fire Certificates (Special Premises) Regulations (Northern Ireland) 1991(4) Schedule 1 Part III Paragraph 24	For the definition of “highly flammable liquid” substitute the following definition— ““highly flammable liquid” has the same meaning as in regulation 2 of the Highly Flammable Liquids and Liquefied Petroleum Gases Regulations (Northern Ireland) 1975 (S.R. 1975 No. 256).”.

(1)

S.R. & O. (N.I.) 1950. 117 (p.268)

(2)

S.R. & O. (N I.) 1971 No. 372 to which there are amendments not relevant to these Regulations

(3)

S.R. 1975 No. 256

(4)

S.R. 1991 No. 446