Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2003

2.—(1) The Petroleum (Consolidation) Act (Northern Ireland) 1929(1) shall be amended in accordance with sub-paragraphs (2) to (7).

(2) In section 2 (provisions as to licences), the words from “Provided that” (special provision for harbours) to the end shall be omitted.

(3) Section 9 (byelaws as to loading, conveyance and landing of petroleum-spirit in and upon canals) and section 17 (powers of officers of local authorities as to testing petroleum-spirit) shall be omitted.

(4) In section 18 (warrants to search for and seize petroleum-spirit), for subsection (4) there shall be substituted –

“(4) This section does not apply to –

(a) a workplace within the meaning of the Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2002 used, or intended for use, for the dispensing of petroleum-spirit, or

(b) a carriage to which the Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997(2) apply.”.

(5) In section 23 (interpretation) –

(a) after the definition of “Contravention” there shall be added the following definitions –

““the Directive” means Commission Directive 92/69 EEC(3) adapting to technical progress for the seventeenth time Council Directive 67/548/EEC(4) on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances;”

““Dispensing” means manual or electrical pumping of petroleum-spirit from a storage tank into the fuel tank for an internal combustion engine, whether for the purposes of sale or not:”; and

(b) for the definition of “Petroleum-spirit” there shall be substituted the following definition –

““Petroleum-spirit” means petroleum which, when tested in accordance with Part A.9. of the Annex to the Directive, has a flash point (as defined in that Part) of less than 21°C:”.

(6) The provisions of section 24A(5) (places to which Act does not apply) shall be re-numbered section 24A(1) and at the end of that subsection as so re-numbered there shall be inserted –

“or

(c) any workplace within the meaning of the Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2002, apart from a workplace used, or intended for use, for dispensing petroleum-spirit.

(2) For the purposes of subsection (1)(c), any part of a workplace where petroleum-spirit is kept other than for dispensing is not to be regarded as used, or intended for use, for dispensing petroleum-spirit.”.

(1)

1929 c. 13 (N.I.). Section 2 was amended by S.R. & O. (N.I.) 1973 No. 341 and S.R. 1996 No. 512; section 18 was amended by S.R. 1988 No. 415 and S.R. 1992 No. 260; sections 19 and 21 were amended by the Northern Ireland (Modification of Enactments - No. 1) Order 1999 (S.I. 1999/663), section 23 was amended by S.R. 1992 No. 260, S.R. 1992 No. 461, S.R. 1993 No. 412 and S.R. 1995 No. 60; section 25A was inserted by S.R. 2000 No. 93

(2)

S.R. 1997 No. 248 as amended by S.R. 1998 No. 448, S.R. 2000 No. 119 and S.R. 2002 No. 34

(3)

O.J. No. L383, 29.12.92, p. 113

(4)

O.J. No. 196, 16.8.67, p. 1

(5)

Section 24A was inserted by S.R. 2000 No. 93