SCHEDULE 7AMENDMENTS

PART I

2

1

The Petroleum (Consolidation) Act (Northern Ireland) 192930 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) 199731 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 EEC32 adapting to technical progress for the seventeenth time Council Directive 67/548/EEC33 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:

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 24A34 (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.