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Petroleum (Consolidation) Act 1928

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Commencement Orders bringing legislation that affects this Act into force:

Licences for Keeping Petroleum-SpiritE+W+S

1 Petroleum-spirit not to be kept without a licence. E+W+S

(1)Subject to the provisions of this Act, petroleum-spirit shall not be kept unless a petroleum-spirit licence is in force under this Act authorising the keeping thereof and the petroleum-spirit is kept in accordance with such conditions, if any, as may be attached to the licence:

Provided that the foregoing provision shall not apply to any petroleum-spirit kept either for private use or for sale so long as—

(a)it is kept in separate glass, earthenware, or metal vessels, securely stopped and containing not more than [F1570 millilitres] each; and

(b)the aggregate amount kept would not, if the whole contents of the vessels were in bulk, exceed [F115 litres].

(2)The occupier of any premises in which petroleum-spirit is kept in contravention of this section shall be [F2guilty of an offence.]

(3)If any person to whom a petroleum-spirit licence is granted contravenes any condition of the licence, he shall be [F2guilty of an offence.]

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Amendments (Textual)

F1Words in s. 1(1)(a)(b) substituted (10.9.1992) by S.I. 1992/1811, reg. 3(1), Sch. I Pt. I.

F2Words substituted by S.I. 1974/1942, Sch. 2 para. 1

Modifications etc. (not altering text)

C1S. 1 excluded by S.I. 1982/630, reg. 2(a)

2 Provisions as to licences. E+W+S

(1)The local authority empowered under this Act to grant petroleum-spirit licences shall be—

[F3(a)in Greater London or a metropolitan county, the fire authority;]

(c)elsewhere, [F4the county council][F5or county borough council]:

F6. . ..

(2)A petroleum-spirit licence may be granted by a local authority so as to be in force for such time, and subject to such provisions as to renewal, as the local authority think necessary.

(3)A local authority may attach to any petroleum-spirit licence such conditions as they think expedient, as to the mode of storage, the nature and situation of the premises in which, and the nature of the goods with which, petroleum-spirit is to be stored, the facilities for the testing of petroleum-spirit from time to time, and generally as to the safe-keeping of petroleum-spirit.

F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F7S. 2(4) repealed (1.1.1996) by S.I. 1995/2923, reg. 3(1), Sch. Pt. I

Modifications etc. (not altering text)

C2S. 2 excluded by S.I. 1982/630, reg. 2(a)

3 Appeals from refusals by local authorities to grant licences. E+W+S

[F8Where a person who is aggrieved by a decision of a local authority on an application for a petroleum-spirit licence appeals to the Secretary of State under section 44 of the M1Health and Safety at Work etc. Act 1974, the Secretary of State when he determines the appeal or a person who determines the appeal on his behalf under that section may, if he thinks fit, direct the Health and Safety Executive to grant the licence either without conditions or subject to such conditions as he thinks proper or to modify the conditions attached by the local authority, and any licence so granted or modified shall be in force for such time and be subject to such provisions as to renewal as may be specified in the licence and shall have effect as if granted by a local authority.]

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Amendments (Textual)

Modifications etc. (not altering text)

C3S. 3 excluded by S.I. 1982/630, reg. 2(a)

Marginal Citations

4 Fees payable for licences. E+W+S

[F9In respect of every petroleum-spirit licence granted by a local authority, or by the Secretary of State or by the Health and Safety Executive under this Act, fees shall be payable in the first case to the local authority, and in the other two cases to the Health and Safety Executive], by the person to whom the licence is granted, at the rates [F10fixed by or determined under regulations made in accordance with section 43(2) of the Health and Safety at Work etc. Act 1974].

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Amendments (Textual)

F9Words substituted by S.I. 1974/1942, Sch. 2 para. 4

F10Words substituted by S.I. 1987/52, reg. 2, Sch. 1

Modifications etc. (not altering text)

C4S. 4 excluded by S.I. 1982/630, reg. 2(a)

C5S. 4 excluded (3.1.1992) by S.I 1991/1921, reg.11.

C6S. 4 amended (2.11.1992) by S.I. 1992/1752, regs. 1(1), 10(2), Sch. 9 Pt.II.

S. 4 excluded (2.11.1992) by S.I. 1992/1752, regs. 1(1),11.

S. 4 excluded (28.3.1994) by S.I. 1994/397, reg. 11

S. 4 excluded (18.11.1997) by S.I. 1997/2505, reg. 11

S. 4 excluded (1.4.1999) by S.I. 1999/645, reg. 11

S. 4 excluded (10.10.2000) by S.I. 2000/2482, reg. 11

S. 4 excluded (2.4.2002) by S.I. 2002/655, reg. 11

Labelling of Vessels containing Petroleum-SpiritE+W+S

[F115 Provisions as to the labelling of vessels containing petroleum-spirit. E+W+S

(1)Subject as hereinafter provided, where any petroleum-spirit—

(a)is kept at any place; or

(b)is sent or conveyed between any two places in Great Britain; or

(c)is sold or exposed or offered for sale;

there shall be attached to, or, where that is impracticable, displayed near, the vessel containing the petroleum-spirit, a label showing, in conspicuous characters, the words “Petroleum-Spirit” and the words “Highly Inflammable,” and—

(i)in the case of petroleum-spirit kept, the name and address of the consignee or owner;

(ii)in the case of petroleum-spirit sent or conveyed, the name and address of the sender;

(iii)in the case of petroleum-spirit sold or exposed or offered for sale, the name and address of the vendor:

Provided that, for the purposes of the foregoing provisions—

(a)petroleum-spirit shall not be deemed to be kept during the seven days next after it has been imported; and

(b)petroleum-spirit carried on any motor vehicle, ship, or aircraft, but intended to be used only for the purposes thereof shall not be deemed to be conveyed.

(2)Any person who keeps, sends, conveys, sells, or exposes or offers for sale any petroleum-spirit in contravention of this section shall be [F12guilty of an offence].]

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Amendments (Textual)

F11S. 5: by S.I. 1992/743, regs. 1(1), 30(1) it is provided (1.6.1992) that s. 5 shall cease to have effect in so far as it relates to the carriage of petroleum mixtures and liquid methane in a road tanker or tank container..

F12Words substituted by S.I. 1974/1942, Sch. 2 para. 5

Modifications etc. (not altering text)

C7S. 5 restricted by S.I. 1981/1059, reg. 25(2) and excluded by S.I. 1982/630, reg. 2(a)

Transport of Petroleum-SpiritE+W+S

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W+S

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Amendments (Textual)

7, 8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W+S

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Amendments (Textual)

F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16E+W+S

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Amendments (Textual)

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17E+W+S

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Amendments (Textual)

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W+S

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Amendments (Textual)

Accidents in connection with Petroleum-SpiritE+W+S

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19E+W+S

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Amendments (Textual)

14, 15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20E+W+S

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Amendments (Textual)

Powers of Inspection, &c.E+W+S

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21E+W+S

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Amendments (Textual)

F2217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

[F2318 Warrants to search for and seize petroleum-spirit. E+W+S

(1)If a court of summary jurisdiction is satisfied by information on oath that there is reasonable ground for suspecting that any petroleum-spirit is being kept, sent, conveyed, or exposed or offered for sale within the jurisdiction of the court in contravention of this Act, the court shall grant a search warrant authorising any person named therein to enter and examine any place, ship or vehicle named in the warrant and to search for and take samples of petroleum therein and to seize and remove any petroleum-spirit that he may find therein kept, sent, conveyed, or exposed or offered for sale in contravention of this Act, and the vessel containing any such petroleum-spirit, and to detain such petroleum-spirit and vessel until a court of summary jurisdiction has determined whether or not they are to be forfeited.

(2)Where any petroleum-spirit or vessel is seized by virtue of a warrant granted under this section—

(a)proceedings shall be commenced forthwith for determining whether or not it is to be forfeited; and

(b)the person seizing it shall not be liable to any proceedings for detaining it or for any loss or damage incurred in respect thereof except where the loss or damage is due to any wilful act or neglect while the petroleum-spirit or vessel is so detained; and

(c)in the case of any petroleum-spirit or vessel seized in any ship or vehicle, the person seizing it may for the purposes of the removal thereof use, during twenty-four hours after the seizure, the ship or vehicle in which it was seized, with the tackle, beasts and accoutrements belonging thereto, but if he do so shall pay to the owner of the ship or vehicle reasonable compensation for the use thereof: the amount of such compensation shall, in default of agreement, be assessed by the court of summary jurisdiction before which proceedings are taken for determining whether or not the petroleum-spirit or vessel is to be forfeited, and may be recovered in like manner as fines under this Act may be recovered.

(3)If any person by himself or by anyone in his employ or acting by his direction or with his consent refuses or fails to admit into any place, ship or vehicle occupied by him or under his control any person authorised by a warrant granted under this section to enter that place, ship or vehicle, or obstructs or prevents any person from making any search, examination or seizure or taking any samples which he is authorised by such a warrant to make or take, that person shall be [F24guilty of an offence].

[F25(4)This section does not apply to—

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

(b)carriage to which the Carriage of Dangerous Goods by Road Regulations 1996 F26 apply.]]

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Amendments (Textual)

F23S. 18: by S.I. 1992/743, regs. 1(1), 30(1) it is provided (1.6.1992) that s. 18 shall cease to have effect in so far as it relates to the carriage of petroleum mixtures and liquid methane in a road tanker or tank container.

F24Words substituted by S.I. 1974/1942, Sch. 2 para. 8

F26S.I. 1996/2095, amended by S.I. 1998/2885, 1999/257, 1999/303 and 2001/1426.

Modifications etc. (not altering text)

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27E+W+S

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Amendments (Textual)

F27S. 18(4) added by reg. 16, Sch. 4 Pt. II para. 1 of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1986/1951 (reg. 3(2) thereof providing that those regs. do not apply as there mentioned)

SupplementaryE+W+S

[F2820 Provisions as to apparatus for and method of testing petroleum.E+W+S

(1)Models of the apparatus for testing petroleum, of which specifications are contained respectively in Part I of the Second Schedule to this Act and in the First Schedule to the M2Petroleum Act 1879, shall remain deposited with the Board of Trade, and the Board shall, on payment of such fee, . . . F29, as the Board [F30may from time to time with the approval of the Treasury determine], cause every apparatus constructed in accordance with either such specification which is submitted to them for the purpose to be compared with the appropriate model so deposited . . . F29, and shall stamp with a mark approved by the Board and notified in the London Gazette every such apparatus that is found to be correct, so, however, that no apparatus constructed in accordance with the specification contained in the First Schedule to the M3Petroleum Act 1879, shall after the commencement of this Act be so . . . F29 stamped unless it has been previously . . . F29 stamped on or before the third day of August, nineteen hundred and twenty-eight.

(2)No apparatus for testing petroleum stamped by the Board of Trade in accordance with the provisions of this section shall be deemed to have been verified by the Board unless—

(a)it has been stamped within ten years; and

(b)no part of the apparatus has been materially altered, repaired, or replaced since the apparatus was last stamped

but save as aforesaid all such apparatus purporting to be so stamped shall be deemed to have been verified by the Board until the contrary is proved.

(3)All fees payable under this section shall be paid into the Exchequer.]

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Amendments (Textual)

F28S. 20 repealed (10.9.1992) by S.I. 1992/1811, reg. 12(2), Sch. 3 Pt. I (by reg. 12(1) it is provided that this repeal shall have effect in relation to the value of the flash point of petroleum-spirit and the methods for determining it).

Modifications etc. (not altering text)

C9References to Board of Trade to be construed as including references to Secretary of State or his Department as the context may require: S.I. 1970/1537, arts. 2(1), 7(4)

Marginal Citations

21 Regulations and byelaws to be laid before Parliament. E+W+S

All regulations made by the Secretary of State and all byelaws made by the Admiralty under this Act shall be laid before each House of Parliament as soon as may be after they are made, and, if an Address is presented to His Majesty by either House of Parliament within the next subsequent forty days on which that House has sat next after any such regulation or byelaw is laid before it, praying that the regulation or byelaw may be annulled, it shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder or to the making of any new regulation or byelaw.

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Modifications etc. (not altering text)

C10Reference to Admiralty to be construed as reference to Secretary of State: Defence (Transfer of Functions) Act 1964 (c. 15), s. 3(2)

22 Confirmation and publication of byelaws.E+W+S

The Secretary of State or the Minister of Transport, as the case may be, may confirm any byelaws submitted to him under this Act with or without any modifications, and any byelaws so confirmed shall be published by the authority by whom they were submitted in such manner as the Secretary of State or the Minister of Transport, as the case may be, may direct.

23 Interpretation. E+W+S

In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them (that is to say):—

  • F31. . .

  • “Canal” and “canal company” have respectively the same meanings as in the M4Regulation of Railways Act 1873:

  • Contravention” includes, in relation to any provision, a failure to comply with that provision, and the expression “contravene” shall be construed accordingly:

  • [F32“the Directive” means Commission Directive 92/69 EEC F33 adapting to technical progress for the seventeenth time Council Directive 67/548/EEC F34 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:]

  • Dock” includes any pier, jetty or other place, in or at which ships can ship or unship goods or passengers:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

  • Harbour” means any harbour, whether natural or artificial, and any port, haven, estuary, tidal or other river, canal or inland navigation navigated by sea-going ships and, subject to the provisions of this Act, any dock:

  • Harbour authority” means any person or body of persons in whom are vested by or under any Act of Parliament powers and duties of improving, maintaining or managing a harbour, so, however, that where, as respects any dock within a harbour, such powers and duties are separately vested by or under any Act of Parliament in any person or body of persons, that person or body shall, as respects that dock, be the harbour authority, and the dock shall be deemed to be a separate harbour:

  • [F36I.W.G.” means the denominations of standards approved by Order in Council made under the M5Weights and Measures Act 1878, and dated the twenty-third day of August, eighteen hundred and eighty-three, known as the “Imperial Wire Gauge”:]

  • Licensed premises” means any premises in respect of which a petroleum-spirit licence is in force under this Act:

  • Motor vehicles” includes all mechanically-propelled vehicles intended or adapted for use on roads:

  • Petroleum” includes crude petroleum, oil made from petroleum, or from coal, shale, peat or other bituminous substances, and other products of petroleum:

  • F37. . .

  • [F38“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:]

  • Ship” includes every description of vessel used in navigation, whether propelled by oars or otherwise

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Amendments (Textual)

F31Definition of "amenities" in s. 23 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV

F32Definitions of

the Directive

and

Dispensing

in s. 23 inserted (9.12.2002) by S.I. 2002/2776, reg. 15(1), Sch. 6 para. 2(5)(a)

F33OJ No. L383, 29.12.92, p. 113.

F34OJ No. 196, 16.8.67, p. 1.

F35Definition of “Government inspector” repealed by S.I. 1974/1942, Sch. 1

F36S. 23: definition of 'I.W.G.' repealed (10.9.1992) by S.I. 1992/1811, reg. 12(2), Sch. 3 Pt. I (by reg. 12(1) it is provided that this repeal shall have effect in relation to the value of the flash point of petroleum-spirit and the methods for determining it).

F37Definition of "petroleum filling station" repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV

F38Definition of

Petroleum-spirit

in s. 23 substituted (9.12.2002) by S.I. 2002/2776, regs. 15(1), Sch. 6 para. 2(5)(b)

Modifications etc. (not altering text)

C11Definition of “harbour authority” explained by Milford Haven Conservancy Act 1958 (c. 23), s. 1(6)

Marginal Citations

24 Application to Scotland. E+W+S

This Act shall apply to Scotland subject to the following modifications:—

[F39(1)for paragraphs (a) and (c) of section 2(1) of this Act there shall be substituted the words “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

F41(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)any petroleum, petroleum-spirit, or other substance or thing ordered by a court to be forfeited may be sold or otherwise disposed of in such manner as the court shall direct;

F41(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F41S. 24(3),(4), (5) and (7) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV

Modifications etc. (not altering text)

C12Functions of burgh police court now exercisable by District Court: District Courts (Scotland) Act 1975 (c. 20), s. 3(1)

25 Savings.E+W+S+N.I.

(1)The powers conferred by this act shall be in addition to and not in derogation of any other powers conferred on any local authority, harbour authority, or canal company by any Act (not being an enactment repealed by this Act), or by law or custom.

(2)Nothing in this Act shall be deemed to exempt any person from any penalty to which he would otherwise be subject in respect of a nuisance.

[F4225A

[F43(1)]The provisions of this Act shall not apply in respect of—

(a)any establishment to which the Control of Major Accident Hazards Regulations 1999 [S.I. 1999/743] apply by virtue of regulation 3 of those Regulations; F44. . .

(b)any site in respect of which notification of an activity is required pursuant to regulation 3 of the Notification of Installations Handling Hazardous Substances Regulations [1982 S.I. 1982/1357]..]

[F45or

(c)

any workplace within the meaning of the Dangerous Substances and Explosive Atmospheres Regulations 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.]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F42S. 25A inserted (12.4.1999) by S.I. 1999/743, reg. 23(1)

F43S. 25A renumbered s. 25A(1) (9.12.2002) by S.I. 2002/2776, reg. 15(1), Sch. 6 para. 2(6)

F44Word in s. 25A(1)(a) repealed (9.12.2002) by S.I. 2002/2776, regs. 16(1), Sch. 7 Pt. 1

F45S. 25A(1)(c)(2) and word “or” immediately preceding inserted (9.12.2002) by S.I. 2002/2776, reg. 15(1), Sch. 6 para. 2(6)

26†Short title, extent, repeal and commencement.E+W+S

(1)This Act may be cited as the Petroleum (Consolidation) Act 1928.

(2)This Act shall not extend to Northern Ireland.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

(a)any appointment, byelaw, regulation, order, licence, certificate or warrant, made, granted, given or issued and any proceedings taken, under any enactment hereby repealed, shall have effect as if made, granted, given, issued, or taken under the corresponding provision of this Act, and any byelaws made by a harbour authority as defined by this Act with respect to the landing of petroleum-spirit, being byelaws which under the said repealed enactments applied with the necessary modifications to the loading of ships with such spirit, shall, until revoked, continue so to apply, and references in this Act to any appointment, byelaw, regulation, order, licence, certificate, warrant or proceedings shall have effect accordingly;

F47(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any document referring to any enactment repealed by this Act shall be construed as referring to this Act and to the corresponding enactment, if any, therein.

(4)The mention of particular matters in this section shall not be held to prejudice or affect the general application of [F48sections 16(1) and 17(2)(a) of the M6Interpretation Act 1978], with regard to the effect of repeals.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F47S. 26(3)(b) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.XV

F48Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Modifications etc. (not altering text)

C13Unreliable marginal note

Marginal Citations

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