Regulation 13(1)(c)

SCHEDULE 2 E+W+S Petrol Storage in Domestic or Other Relevant Premises

Requirements for keeping up to 30 litres of petrol in suitable portable containers or in a single demountable fuel tank E+W+S

1.  A person keeps petrol in accordance with this paragraph if—

(a) no more than a total of 30 litres in suitable portable containers or in a single demountable fuel tank is kept, of which—

(i) no more than 30 litres is kept in one or more suitable portable containers;

(ii) no more than 30 litres is kept in one demountable fuel tank; or

(iii) no more than 30 litres is kept in no more than two suitable portable containers in any motor vehicle, motor boat, hovercraft or aircraft;

(b) the storage place is—

(i) within, above, below, attached to, or within the curtilage of a building (but, subject to paragraphs (ii) and (iii), not a flat or public building);

(ii) below a flat;

(iii) attached to a public building; or

(iv) in a vehicle for the purpose of using it as fuel for any internal combustion engine;

(c) the storage place, where it is—

(i) within a building, is fire-separated from the rest of the building and any exit route from the building; and

(ii) above, below or attached to a building, is fire-separated from the building; and

(d) the common storage requirements of paragraph 3 are met.

Commencement Information

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

Requirements for keeping of up to 275 litres of petrol E+W+S

2.  A person keeps petrol in accordance with this paragraph if—

(a) petrol is kept in accordance with the common storage requirements of paragraph 3;

(b) notice has been given to the petroleum enforcement authority in accordance with paragraph 4;

(c) (i) more petrol is kept than may be kept in accordance with paragraph 1; and

(ii) within the entirety of the domestic or other relevant premises no more than 275 litres is kept; and either

(d) no more than so much petrol as may be kept in accordance with paragraph 1 is kept in accordance with that paragraph and the remainder is kept in accordance with (e); or

(e) all petrol is kept—

(i) in suitable portable containers, or demountable fuel tanks, or both of those types of container;

(ii) in a storage place that is—

(aa) a detached building; or

(bb) attached to a building (but not domestic premises), and is fire-separated from the building; and

(iii) where fire extinguishing and spillage containment apparatus is available either within the storage place, or as close as is reasonably practicable to the storage place.

Commencement Information

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

Common storage requirements for the keeping of intermediate quantities of petrol E+W+S

3.  The requirements of this paragraph are met if—

(a) the storage place is not living accommodation;

(b) no dispensing of petrol occurs at the storage place;

(c) where the storage place is not in the open air, it has a direct exit to the open air and is ventilated to the open air;

(d) all reasonable precautions are taken in the storage place to prevent any sources of ignition or heat that would be liable to ignite petrol or its vapour; and

(e) petrol is not used in the storage place otherwise than—

(i) in the fuel tank of any internal combustion engine; or

(ii) in quantities, not exceeding at any one time 150 millilitres, for cleaning or as a solvent for repair purposes.

Commencement Information

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

Notification of petrol storage E+W+S

4.  A petroleum enforcement authority is given notice in accordance with this paragraph where notice—

(a) is made in writing, stating—

(i) the name of the occupier of the storage place;

(ii) the address of the domestic or other relevant premises where the storage place is located;

(iii) that petrol is kept, or to be kept, on those domestic or other relevant premises in accordance with paragraph 2; and

(b) is given by the occupier of the storage place—

(i) before keeping, or permitting the keeping, of petrol in accordance with paragraph 2; and

(ii) after that, annually in the month of January.

Commencement Information

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

Calculating the amount of petrol kept in a storage place E+W+S

5.  For the purpose of calculating the amount of petrol kept in domestic or other relevant premises, any petrol contained in a fuel tank that is connected to an internal combustion engine in the way it would ordinarily be connected when the engine is running, is not to be counted towards the total amount of petrol kept.

Commencement Information

I5 Sch. 2 para. 5 in force at 1.10.2014, see reg. 1(2)

Suitable portable containers E+W+S

6.  For the purposes of this Schedule (and regulation 12) a container is a “suitable portable container” if it—

(a) is in a good state of repair, secure from leaking, has not degraded from exposure to chemicals or light and is not unsteady when placed on a level surface; and

(b) fulfils one of the following requirements—

(i) it meets the requirements of Schedule 3;

(ii) it is made of metal and immediately before the relevant date complied (or would have complied if it were used for the purpose of keeping petrol) with the requirements of regulations 2(1) and 4 of the Petroleum-Spirits (Motor Vehicles, etc.) Regulations 1929; or

(iii) immediately before the relevant date it had the characteristics described in sub-paragraphs (a) to (d) of regulation 3(1) of, and the Schedule to, the Petroleum-Sprits (Plastic Containers) Regulations 1982.

Commencement Information

I6 Sch. 2 para. 6 in force at 1.10.2014, see reg. 1(2)

Interpretation E+W+S

7.  In this Schedule—

“fire-resistant internal linings” means materials or products used in lining any partition, wall, ceiling or other internal structure that—

(a)

adequately resist the spread of flame over their surfaces; and

(b)

have, if ignited, either a rate of heat release or a rate of fire growth, that is reasonable in the circumstances;

“fire-separated” means—

(a)

separated by an external wall of a building which is able to resist adequately the spread of fire over the wall and from one building to another, having regard to the height, use and position of the building;

(b)

separated by a partition, wall, ceiling or other internal structure, containing fire-resistant internal linings; or

(c)

separated by the means described in sub-paragraph (a) or (b), other than a floor or ceiling, where there is an opening fitted with a self-closing door constructed of hard wood or other fire-resisting material;

“flat” means a separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building, from some other part of which it is divided horizontally;

“public building” means a building consisting of or containing a place of public resort but a building is not to be treated as a place of public resort because it is, or it contains, a dwelling to which the public are occasionally admitted;

“storage place” in domestic or other relevant premises means the place where petrol is stored.

Commencement Information

I7 Sch. 2 para. 7 in force at 1.10.2014, see reg. 1(2)