(1)For the purpose of limiting or reducing air pollution, the Secretary of State may by regulations—
(a)impose requirements as to the composition and contents of any fuel of a kind used in motor vehicles; and
(b)where such requirements are in force, prevent or restrict the production, treatment, distribution, import, sale or use of any fuel which in any respect fails to comply with the requirements, and which is for use in the United Kingdom.
(2)It shall be the duty of the Secretary of State, before he makes any regulations under this section, to consult—
(a)such persons appearing to him to represent manufacturers and users of motor vehicles;
(b)such persons appearing to him to represent the producers and users of fuel for motor vehicles; and
(c)such persons appearing to him to be conversant with problems of air pollution,
as he considers appropriate.
(3)Regulations under this section—
(a)in imposing requirements as to the composition and contents of any fuel, may apply standards, specifications, descriptions or tests laid down in documents not forming part of the regulations; and
(b)where fuel is subject to such requirements, may, in order that persons to whom the fuel is supplied are afforded information as to its composition or contents, impose requirements for securing that the information is displayed at such places and in such manner as may be prescribed by the regulations.
(4)It shall be duty of every local weights and measures authority to enforce the provisions of regulations under this section within its area; and [F1subsection] (2) F2. . .of section 26 of the M1Trade Descriptions Act 1968 (reports and inquiries) shall apply as respects those authorities’ functions under this subsection as [F1it applies] to their functions under that Act.
F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(5A)For the investigatory powers available to a local weights and measures authority for the purposes of the duty in subsection (4), see Schedule 5 to the Consumer Rights Act 2015.]
(6)In relation to Scotland—
(a)nothing in subsection (4) authorises a local weights and measures authority to institute proceedings for an offence; and
(b)regulations under this section may provide that certificates issued by such persons as may be specified by the regulations in relation to such matters as may be so specified shall, subject to the provisions of the regulations, be received in evidence, and be sufficient evidence, of those matters in any proceedings for an offence under regulations made under this section;
and such regulations may apply any of the provisions of subsections (2) to (4) of section 31 of the M2Trade Descriptions Act 1968 (evidence by certificate).
(7)In Northern Ireland it shall be the duty of the Department of Economic Development to enforce the provisions of regulations under this section; and accordingly this section shall have effect in relation to Northern Ireland with the omission of subsection (4).
F5(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(8A)For the investigatory powers available to the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duty in subsection (7), see Schedule 5 to the Consumer Rights Act 2015.]
(9)The Secretary of State shall for each financial year pay into the Consolidated Fund of Northern Ireland such sum as the Secretary of State and the Department of Economic Development for Northern Ireland may agree to be appropriate as representing the expenses incurred by that Department in enforcing the provisions of any regulations made under this section.
Textual Amendments
F1Words in s. 30(4) substituted (19.11.1998) by 1998 c. 43, s. 1(2), Sch. 2 para. 13
F2Words in s. 30(4) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. X Group 5
F3S. 30(5) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 52(2); S.I. 2015/1630, art. 3(i) (with art. 8)
F4S. 30(5A) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 52(3); S.I. 2015/1630, art. 3(i)
F5S. 30(8) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 52(4); S.I. 2015/1630, art. 3(i) (with art. 8)
F6S. 30(8A) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 52(5); S.I. 2015/1630, art. 3(i)
Marginal Citations