The Petroleum (Consolidation) Regulations 2014

PART 1 E+W+S INTRODUCTION AND GENERAL PROHIBITION ON THE KEEPING OF PETROL

Citation and commencement E+W+S

1.—(1) These Regulations may be cited as the Petroleum (Consolidation) Regulations 2014.

(2) They come into force on 1st October 2014.

Commencement Information

I1 Reg. 1 in force at 1.10.2014, see reg. 1(2)

Interpretation E+W+S

2.  In these Regulations—

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

“dispenser” means a mechanical or electrical device for the dispensing of petrol;

“dispensing of petrol” means the manual or electrical pumping of petrol from a storage tank into—

(a)

the fuel tank for an internal combustion engine; or

(b)

any container, including a demountable fuel tank;

“dispensing premises” means a workplace for the dispensing of petrol that is not within the curtilage of a domestic premises and does not include a road tanker or similar vehicle;

“demountable fuel tank” means the fuel tank for the internal combustion engine of a motor boat or similar vessel, motor vehicle, hovercraft or aircraft that has been designed so that it can be safely removed and re-affixed to the engine without leaking fuel;

“dock” includes any pier, jetty or other place, in or at which ships can ship or unship goods or passengers;

“domestic or other relevant premises” means—

(a)

domestic premises; or

(b)

non-domestic premises that are not a workplace;

“domestic or other relevant user” means a person who stores petrol in domestic or other relevant premises;

“harbour” means any harbour, whether natural or artificial, and any port, haven, estuary, tidal or other river, canal or inland navigation navigated by sea-going ships and any dock;

“motor vehicle” means all mechanically propelled vehicles intended or adapted for use on land;

“petroleum enforcement authority” means—

(a)

in England—

(i)

in Greater London(1) or a metropolitan county(2), the fire and rescue authority(3);

(ii)

in a non-metropolitan county, the county council, and may include district borough, city or unitary councils;

(iii)

in the Isles of Scilly, the Council for the Isles of Scilly;

(b)

in Wales, the county council or county borough council;

(c)

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(4);

“petrol” means petroleum or a mixture of petroleum with one or more substances which—

(a)

is liquid or viscous at a temperature of 15°C and a pressure of 101.325 kPa (1013.25 mb); and

(b)

when tested in accordance with Part A.9 of the Annex to Council Regulation (EC) No 440/2008(5) (laying down the test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals REACH), has a flash point (as defined in that Part) of less than 21°C;

“portable petrol storage container” means any container designed, manufactured or sold for storing petrol, other than a demountable fuel tank or a fuel tank attached to an internal combustion engine, that is designed to be carried by hand;

“relevant date” means the date on which these Regulations come into force;

“ship”, except in regulation 18, includes every description of vessel used in navigation, whatever its method of propulsion, including hovercraft;

“workplace” means a workplace within the meaning of the Dangerous Substances and Explosive Atmospheres Regulations 2002(6).

Commencement Information

I2 Reg. 2 in force at 1.10.2014, see reg. 1(2)

Application E+W+S

3.—(1) These Regulations do not apply to—

(a) a workplace except one—

(i) used, or intended for use, for the dispensing of petrol; or

(ii) within the curtilage of domestic premises; or

(b) any establishment to which the Control of Major Accident Hazards Regulations [F1 2015] apply by virtue of regulation 3 of those Regulations.

(2) Regulations 12(2), (3) and (4), 18(1)(b) and 21 do not apply to Her Majesty’s Forces.

(3) In this regulation “Her Majesty’s Forces” means any of the naval, military or air forces of the Crown, whether raised inside or outside the United Kingdom and whether any such force is a regular, auxiliary or reserve force, and includes any civilian employed by those forces.

Textual Amendments

F1 Word in reg. 3(1)(b) substituted (1.6.2015) by The Control of Major Accident Hazards Regulations 2015 (S.I. 2015/483), reg. 1(1), Sch. 6 para. 10 (with reg. 3(2))

Commencement Information

I3 Reg. 3 in force at 1.10.2014, see reg. 1(2)

General prohibition on the keeping of petrol E+W+S

4.  No person is to keep petrol except in compliance with regulation 5 or regulation 13.

Commencement Information

I4 Reg. 4 in force at 1.10.2014, see reg. 1(2)

(1)

That is the area comprising the areas of the London boroughs, the City and the Temples which together constitute an administrative area known as Greater London, see section 2(1) of the London Government Act 1963 (c.33) (which is the subject of amendment not relevant to these regulations). The London Boroughs are defined in section 1 of that Act, and the City and Temples are defined in section 89(1) of that Act.

(2)

Metropolitan counties are established in England by section 1 of the Local Government Act 1972 (c.70) and exclude Greater London and the Isles of Scilly.

(3)

See section 1(1) and (2)(c) and (d) of the Fire and Rescue Services Act 2004 (c.21).

(4)

1994 c.39.

(5)

OJ L 142, 31.5.2008, p. 1-739; there are amendments to the Regulation, none of which is relevant.

(6)

S.I. 2002/2776; to which there are amendments none of which is relevant.