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An Act to make provision with respect to the transfer of petroleum-spirit licences granted under the Petroleum (Consolidation) Act 1928.
[14th July 1936]
Modifications etc. (not altering text)
C1Act amended by S.I. 1990/1380, regs. 3, 4
C2Act: saved by virtue of Health and Safety at Work etc. Act 1974 (c.37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. Pt. VII s. 62
C3Act: saved by virtue of Health and Safety at Work etc. Act 1974 ( c. 37, SIF 43:3), s. 53, Sch. 1 and Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 61(1)(f)
Commencement Information
I1Act wholly in force at Royal Assent
(1)The local authority empowered under the M1Petroleum (Consolidation) Act 1928, to grant petroleum-spirit licences may transfer a petroleum-spirit licence granted by such an authority, by endorsement of the licence or otherwise, [F1F2and the Health and Safety Executive may transfer in like manner a petroleum-spirit licence granted by the Secretary of State or by the said Executive.]
(2)As from the date on which a petroleum-spirit licence is transferred—
(a)the licence shall authorise the keeping of petroleum-spirit by the transferee and shall cease to authorise the keeping thereof by any other person;
(b)the said Act shall have effect in relation to the licence as if for references in the said Act to the person to whom the licence was granted there had been substituted references to the transferee, and the licence shall have effect, unless the context otherwise requires, as if the like substitution had been made in the licence;
(c)subject as aforesaid, the licence shall have the like effect in all respects as if no transfer had been made.
(3)The said Act shall have effect, and shall be deemed always to have had effect, as if the foregoing provisions of this section had been contained in the said Act as originally enacted.
(4)In respect of a transfer of a petroleum-spirit licence made after the commencement of this Act, there shall be payable by the transferee to the local authority [F1F3or to the Health and Safety Executive], as the case may be, a fee of [F1the fee from time to time fixed by or determined under regulations made in accordance with section 43(2) of the Health and Safety at Work etc. Act 1974].
Textual Amendments
F1Words substituted by virtue of S.I. 1987/52, reg. 2, Sch. 1
F2Words in s. 1(1) substituted by S.I. 1974/1942, reg. 3
F3Words in s. 1(4) substituted by S.I. 1974/1942, reg. 3
Modifications etc. (not altering text)
C4Power to amend s. 1(4) conferred by (E.W.) Local Government Act 1966 (c. 42), s. 35(2), Sch. 3 Pt. II and (S.) Local Government (Scotland) Act 1966 (c. 51), s. 42, Sch. 4
C5S. 1(4) excluded (3.1.1992) by S.I. 1991/1921, reg.11
C6S. 1(4) excluded (2.11.1992) by S.I. 1992/1752, reg.11
S. 1(4) excluded (28.3.1994) by S.I. 1994/397, reg. 11
S. 1(4) excluded (18.11.1997) by S.I. 1997/2505, reg. 11
S. 1(4) excluded (1.4.1999) by S.I. 1999/645, reg. 11
S. 1(4) excluded (10.10.2000) by S.I. 2000/2482, reg. 11
S. 1(4) excluded (2.4.2002) by S.I. 2002/655, reg. 11
C7S. 1(4) excluded (1.4.2003) by Health and Safety (Fees) Regulations 2003 (S.I. 2003/547), regs. 1(1), 11
Marginal Citations
This Act may be cited as the Petroleum (Transfer of Licences) Act 1936, and shall be construed as one with the Petroleum (Consolidation) Act 1928, and that Act and this Act may be cited together as the Petroleum (Regulation) Acts 1928 and 1936.
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