EXPLANATORY NOTE
(This note is not part of the Regulations).
These Regulations consolidate and modernise the petrol storage legislative framework in England, Scotland and Wales.
Regulation 4 provides the general prohibition preventing the keeping of petrol, except in compliance with regulations 5 or 13.
Part 2 (regulations 5 to 12) deals with the storage of petrol in dispensing premises, i.e. non-domestic premises.
Regulation 5 requires that such storage be in accordance with a valid storage certificate. Regulations 6 and 7 make provision for the application, grant and validity of storage certificates. Prescribed material changes (regulation 8 and specified in Schedule 1) require notification to the petroleum enforcement authority, which results in the issue of a new storage certificate subject to certain requirements in regulation 6.
Regulations 9 and 10 make provision for a change of operator of a dispensing premises to be notified to the petroleum enforcement authority.
Regulation 11 makes provision for appeals to the Secretary of State from refusals to grant storage certificates by petroleum enforcement authorities and regulation 12 applies general prohibitions on the dispensing and supply of petrol.
Part 3 (regulations 13 to 17) deals with the storage of petrol in domestic and other relevant premises. Regulation 13 and paragraph 1 of Schedule 2 make provision for the storage of minimal amounts up to a maximum of 30 litres. Where there is a larger quantity, up to 275 litres, storage is provided for on notification under paragraph 2 of Schedule 2. Where storage is required for quantities in excess of 275 litres provision is made on the basis of a licence issued under regulation 14. Appeals from refusals to grant licences for storage are provided for in regulation 15, while regulations 16 and 17 make provision for the renewal, variation and revocation of licences.
Part 4 of the Regulations (regulations 18 to 26) contains various miscellaneous provisions for enforcement, manufacture of portable petrol storage containers (regulation 19 and Schedule 3), repairs of containers (regulation 20), the prohibition on direct filling of fuel tanks from road tankers, and transitional provisions relating to repealed or revoked legislation listed in Schedule 4 (regulations 22 to 25).
Regulation 26 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and every five years after that. Following the review the Secretary of State must consider whether the Regulations should be allowed to remain as they are, or be revoked or amended. A further instrument would be needed to revoke the Regulations or to amend them.
A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public is available from the website: www.legislation.gov.uk and a copy has been placed in the Library of each House of Parliament.
Regulations concerning the standards for portable petrol storage containers and fire-resistant partitions were notified in draft to the European Commission in accordance with Directive 98/34/EC, as amended by Directive 98/48/EC.