The Petroleum (Regulation) Acts 1928 and 1936 (Repeals and Modifications) Regulations 1974

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Petroleum (Regulation) Acts 1928 and 1936 (Repeals and Modifications) Regulations 1974 and shall come into operation on 1st January 1975.

(2) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

Repeals and modifications—the Petroleum (Consolidation) Act 1928

2.  In the Petroleum (Consolidation) Act 1928 (“the 1928 Act”)—

(a) the provisions mentioned in column 1 of Schedule 1 to these Regulations are hereby repealed to the extent specified in column 2 of that Schedule; and

(b) the provisions mentioned in Schedule 2 to these Regulations shall have effect subject to the modifications specified in that Schedule.

Modification—the Petroleum (Transfer of Licences) Act 1936

3.  In the Petroleum (Transfer of Licences) Act 1936—

(a) in section 1(1), for the words from “and the Secretary of State” to the end of the subsection there shall be substituted the words “and 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.”; and

(b) in section 1(4), for the words “or to the Secretary of State”, there shall be substituted the words “or to the Health and Safety Executive”.

Modification—instruments under the Petroleum (Consolidation) Act 1928

4.—(1) The following provisions, that is to say:—

(a) Regulation 14 of the Gas Cylinders (Conveyance) Regulations 1931(1); and

(b) Regulations 1, 13, 14 and 19 of the Compressed Gas Cylinders (Fuel for Motor Vehicles) Regulations 1940(2),

shall have effect as if for the references therein to the Secretary of State there were substituted references to the Health and Safety Executive.

(2) The Petroleum-Spirit (Conveyance by Road) Regulations 1957(3) shall have effect as if in Regulation 20 and in paragraphs 1(e), 6(1)(a) and (b), 9(1)(a) and 10(a) of the Schedule to the Regulations for the references to a government inspector there were substituted references to an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act.

Supplemental

5.—(1) These Regulations shall not affect the validity of anything done under the provisions of enactments or instruments repealed or modified by these Regulations before the coming into operation of the Regulations.

(2) Petroleum-spirit licences granted by the Secretary of State which are in force immediately before the coming into operation of these Regulations shall continue in force in accordance with the provisions thereof, except that where they make provision for the renewal of the licence by the Secretary of State, they shall have effect as if they provided for its renewal by the Health and Safety Executive, and any application for renewal made to the Secretary of State before that date and not determined at that date shall have effect as if it had been made to the Health and Safety Executive.

(3) Where any of the provisions mentioned in paragraph (1) of this Regulation prescribes a penalty for an offence of any kind, that penalty shall, notwithstanding these Regulations, continue to apply to offences of that kind committed before 1st January 1975.

(4) Orders in Council, regulations and other instruments of a legislative character made or having effect under any provision repealed by these Regulations and in force immediately before the coming into operation of these Regulations shall continue in force notwithstanding the repeal of that provision.

Signed by order of the Secretary of State.

Harold Walker

Joint Parliamentary Under Secretary of State

Department of Employment

21st November 1974