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Pollution Control and Local Government (Northern Ireland) Order 1978

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Regulations about sulphur content of oil fuel for furnaces or enginesN.I.

55.—(1) For the purpose of limiting or reducing air pollution, the Department may by regulations impose limits on the sulphur content of oil fuel which is used in furnaces or engines.

(2) The Department, before making any regulations under this Article, shall consult such persons appearing to the Department—

(a)to represent producers and users of oil fuel;

(b)to represent manufacturers and users of plant and equipment for which oil fuel is used; and

(c)to be conversant with problems of air pollution;

as the Department considers appropriate.

(3) Regulations may—

(a)prescribe the kinds of oil fuel, and the kinds of furnaces and engines, to which the regulations are to apply;

(b)apply standards, specifications, descriptions or tests laid down in documents not forming part of the regulations;

(c)authorise the Department to confer exemptions from any provision of the regulations.

(4) It shall be the duty—

(a)of every district council to enforce the provisions of regulations under this Article within its district, except in relation to a furnace which is part of[F1 an installation or plant subject to regulations under Article 4 of the Environment (Northern Ireland) Order 2002 or] a[F2 process subject to the Industrial Pollution Control Order or] work subject to the Alkali Act; and

[F1(b)of the inspectors appointed underF3 the Industrial Pollution Control Order or the regulations mentioned in sub-paragraph (a) to enforce those provisions in relation to such furnaces]

(5) A person who contravenes any provision of regulations under this Article shall be guilty of an offence and liable—

(a)on conviction on indictment to a fine; and

(b)on summary conviction to a fine not exceeding[F4 level 5 on the standard scale];

so, however, that the regulations may in any case exclude liability to conviction on indictment, and may in any case reduce the maximum fine on summary conviction.

(6) Regulations under this Article shall, subject to any provision to the contrary in the regulations, apply to fuel used for, and to persons in, the public service of the Crown as they apply to fuel used for other purposes and to other persons; but a district council shall not be entitled under this paragraph to exercise, in relation to fuel used for any persons in that service, any power conferred on the council under section 98 of the Local Government Act (Northern Ireland) 1972 [1878 c.52] or Article 72.

(7) In this Article “oil fuel” means any liquid petroleum product produced in a refinery.

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