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(This note is not part of the Regulations)
These Regulations amend the Petroleum (Consolidation) Act (Northern Ireland) 1929 (“the 1929 Act”).
The principal changes made by these Regulations are as follows.
A new section 1A is inserted into the 1929 Act to clarify the scope of a local authority’s powers in relation to a licence.
Section 3 of the 1929 Act presently sets out the procedures for appeals from refusals by a local authority to grant licences. Those appeals are made to the Health and Safety Executive for Northern Ireland. A new section 3 is substituted to introduce greater procedural protections both in relation to licensing decisions and appeals against those decisions. It does so by—
(a)introducing a new procedure that must be followed before the licensing decision is taken; and
(b)providing for an appeal to an independent Tribunal from such licensing decision.
This new section 3 applies the relevant provisions of the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997, with modifications for the purposes of these procedures and appeals.
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