The Petroleum (Consolidation) Regulations 2014

PART 1 E+W+S INTRODUCTION AND GENERAL PROHIBITION ON THE KEEPING OF PETROL

Citation and commencement E+W+S

1.—(1) These Regulations may be cited as the Petroleum (Consolidation) Regulations 2014.

(2) They come into force on 1st October 2014.

Commencement Information

I1 Reg. 1 in force at 1.10.2014, see reg. 1(2)

Interpretation E+W+S

2.  In these Regulations—

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

“dispenser” means a mechanical or electrical device for the dispensing of petrol;

“dispensing of petrol” means the manual or electrical pumping of petrol from a storage tank into—

(a)

the fuel tank for an internal combustion engine; or

(b)

any container, including a demountable fuel tank;

“dispensing premises” means a workplace for the dispensing of petrol that is not within the curtilage of a domestic premises and does not include a road tanker or similar vehicle;

“demountable fuel tank” means the fuel tank for the internal combustion engine of a motor boat or similar vessel, motor vehicle, hovercraft or aircraft that has been designed so that it can be safely removed and re-affixed to the engine without leaking fuel;

“dock” includes any pier, jetty or other place, in or at which ships can ship or unship goods or passengers;

“domestic or other relevant premises” means—

(a)

domestic premises; or

(b)

non-domestic premises that are not a workplace;

“domestic or other relevant user” means a person who stores petrol in domestic or other relevant premises;

“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 any dock;

“motor vehicle” means all mechanically propelled vehicles intended or adapted for use on land;

“petroleum enforcement authority” means—

(a)

in England—

(i)

in Greater London(1) or a metropolitan county(2), the fire and rescue authority(3);

(ii)

in a non-metropolitan county, the county council, and may include district borough, city or unitary councils;

(iii)

in the Isles of Scilly, the Council for the Isles of Scilly;

(b)

in Wales, the county council or county borough council;

(c)

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(4);

“petrol” means petroleum or a mixture of petroleum with one or more substances which—

(a)

is liquid or viscous at a temperature of 15°C and a pressure of 101.325 kPa (1013.25 mb); and

(b)

when tested in accordance with Part A.9 of the Annex to Council Regulation (EC) No 440/2008(5) (laying down the test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals REACH), has a flash point (as defined in that Part) of less than 21°C;

“portable petrol storage container” means any container designed, manufactured or sold for storing petrol, other than a demountable fuel tank or a fuel tank attached to an internal combustion engine, that is designed to be carried by hand;

“relevant date” means the date on which these Regulations come into force;

“ship”, except in regulation 18, includes every description of vessel used in navigation, whatever its method of propulsion, including hovercraft;

“workplace” means a workplace within the meaning of the Dangerous Substances and Explosive Atmospheres Regulations 2002(6).

Commencement Information

I2 Reg. 2 in force at 1.10.2014, see reg. 1(2)

Application E+W+S

3.—(1) These Regulations do not apply to—

(a) a workplace except one—

(i) used, or intended for use, for the dispensing of petrol; or

(ii) within the curtilage of domestic premises; or

(b) any establishment to which the Control of Major Accident Hazards Regulations [F1 2015] apply by virtue of regulation 3 of those Regulations.

(2) Regulations 12(2), (3) and (4), 18(1)(b) and 21 do not apply to Her Majesty’s Forces.

(3) In this regulation “Her Majesty’s Forces” means any of the naval, military or air forces of the Crown, whether raised inside or outside the United Kingdom and whether any such force is a regular, auxiliary or reserve force, and includes any civilian employed by those forces.

Textual Amendments

F1 Word in reg. 3(1)(b) substituted (1.6.2015) by The Control of Major Accident Hazards Regulations 2015 (S.I. 2015/483), reg. 1(1), Sch. 6 para. 10 (with reg. 3(2))

Commencement Information

I3 Reg. 3 in force at 1.10.2014, see reg. 1(2)

General prohibition on the keeping of petrol E+W+S

4.  No person is to keep petrol except in compliance with regulation 5 or regulation 13.

Commencement Information

I4 Reg. 4 in force at 1.10.2014, see reg. 1(2)

PART 2 E+W+S STORAGE OF PETROL ON DISPENSING PREMISES

Storage under certificate E+W+S

5.  A person keeps petrol in compliance with this regulation if the petrol is kept on dispensing premises in respect of which there is—

(a) a valid storage certificate; and

(b) compliance with the notification requirements set out in regulations 9 and 10, as applicable.

Commencement Information

I5 Reg. 5 in force at 1.10.2014, see reg. 1(2)

Application and grant of storage certificates E+W+S

6.—(1) A petroleum enforcement authority must grant a certificate in respect of dispensing premises (a “storage certificate”) where—

(a) an application has been made in accordance with this regulation; and

(b) it is satisfied that the containment system for petrol at the dispensing premises, including storage tanks, pipework and dispensers, may reasonably be used to store petrol and would not create an unacceptable risk to the health or safety of any person.

(2) An application under this regulation may be made by any person.

(3) An application under this regulation must include the following information—

(a) the name and address of the applicant;

(b) the address of the dispensing premises;

(c) a drawing of the layout of the dispensing premises;

(d) a drawing of the containment system for petrol at the dispensing premises, including storage tanks and pipework;

(e) a drawing of the drainage system for petrol at the dispensing premises.

(4) A storage certificate must contain the following information—

(a) the name of the petroleum enforcement authority granting the certificate;

(b) the address of the dispensing premises in respect of which the certificate is granted;

(c) a drawing of the layout of the dispensing premises;

(d) a drawing of the containment system for petrol at the dispensing premises, including storage tanks and pipe work;

(e) a drawing of the drainage system for petrol at the dispensing premises.

(5) An application for a storage certificate must be made within—

(a) a maximum of six months; and

(b) a minimum of 28 days,

before the day on which the storage of petrol is to be undertaken at the dispensing premises.

(6) A storage certificate is not personal to the person to whom it is granted and remains valid on transfer of ownership, operation or management of the dispensing premises.

Commencement Information

I6 Reg. 6 in force at 1.10.2014, see reg. 1(2)

Validity of storage certificates E+W+S

7.  A storage certificate remains valid for so long as—

(a) there is no prescribed material change (see regulation 8); and

(b) the dispensing premises do not cease to be used for the keeping of petrol for a continuous period exceeding 12 months.

Commencement Information

I7 Reg. 7 in force at 1.10.2014, see reg. 1(2)

Prescribed material changes E+W+S

8.—(1) For the purposes of regulation 7 a “prescribed material change” is a change to dispensing premises of a description falling within Schedule 1.

(2) A prescribed material change must be notified to the petroleum enforcement authority at least 28 days before the commencement of any works to effect the change.

(3) Where a prescribed material change has been effected to dispensing premises, the petroleum enforcement authority must issue, subject to the requirements of regulation 6(1)(b) being met, a new storage certificate containing the information specified in regulation 6(4) to—

(a) the person to whom the certificate which it replaces was granted; or

(b) if that petroleum enforcement authority has subsequently been notified of the keeping of petrol at the premises by another person under regulation 10, the last such person to notify the petroleum enforcement authority.

Commencement Information

I8 Reg. 8 in force at 1.10.2014, see reg. 1(2)

Notification before ceasing to occupy dispensing premises in respect of which there is a storage certificate E+W+S

9.—(1) A person keeping petrol on dispensing premises in respect of which there is a storage certificate must notify the petroleum enforcement authority in accordance with this regulation before ceasing to occupy the dispensing premises.

(2) The notification must be made in writing and must state—

(a) the person’s name and address;

(b) the address of the dispensing premises; and

(c) the date on which the person proposes to cease occupation of the dispensing premises.

(3) The notification must be given—

(a) a maximum of six months; and

(b) a minimum of 28 days,

before the day on which the person ceases to occupy the dispensing premises.

(4) A contravention of paragraph (3)(b) does not relieve a person from the duty to notify the petroleum enforcement authority under paragraphs (1) and (2).

Commencement Information

I9 Reg. 9 in force at 1.10.2014, see reg. 1(2)

Notification before keeping petrol on dispensing premises in respect of which there is an existing storage certificate E+W+S

10.—(1) This regulation applies where a person proposes to keep petrol on dispensing premises in respect of which there is a valid storage certificate, and that person was not the person to whom the storage certificate was granted.

(2) A person proposing to keep petrol where this regulation applies must notify the petroleum enforcement authority in accordance with this regulation before keeping petrol on the dispensing premises.

(3) The notification must be made in writing and must state—

(a) the person’s name and address;

(b) the address of the dispensing premises; and

(c) the date on which the person proposes to commence keeping petrol at the dispensing premises.

(4) The notification must be given—

(a) a maximum of six months; and

(b) a minimum of 28 days,

before the day on which the person proposes to keep petrol on the dispensing premises.

(5) A contravention of paragraph (4)(b) does not relieve a person from the duty to notify the petroleum enforcement authority under paragraphs (2) and (3).

Commencement Information

I10 Reg. 10 in force at 1.10.2014, see reg. 1(2)

Appeals from refusals by petroleum enforcement authorities to grant storage certificates E+W+S

11.—(1) A person who is aggrieved by a decision of a petroleum enforcement authority not to grant a storage certificate may appeal to the Secretary of State.

(2) Subsections (2) to (6) of section 44 of the 1974 Act apply for the purposes of this regulation as they apply to an appeal under section 44(1) of that Act.

(3) The Health and Safety Licensing Appeals (Hearings Procedure) Rules 1974(7) apply for the purposes of this regulation, but as if any reference in those Rules—

(a) to an appeal were a reference to an appeal under paragraph (1); and

(b) to a licensing authority were a reference to a petroleum enforcement authority.

(4) Paragraph (3) applies in Scotland as if the reference to the Health and Safety Licensing Appeals (Hearings Procedure) Rules 1974 were a reference to the Health and Safety Licensing Appeals (Hearings Procedure) (Scotland) Rules 1974(8).

(5) The Secretary of State, when determining the appeal, may direct the petroleum enforcement authority to grant a storage certificate.

(6) In paragraph (5) “Secretary of State” includes a person who under section 44(2) of the 1974 Act determines the appeal on behalf of the Secretary of State.

Commencement Information

I11 Reg. 11 in force at 1.10.2014, see reg. 1(2)

General prohibitions on dispensing and supply of petrol E+W+S

12.—(1) No person is to dispense, or allow the dispensing of, petrol from a dispenser on dispensing premises except—

(a) for use in a motor vehicle or motor boat;

(b) to fill a suitable portable container or a demountable fuel tank; or

(c) for the purpose of maintenance or calibration of the dispenser.

(2) No person under the age of sixteen years is to operate a dispenser on dispensing premises.

(3) No person is to supply, or allow the supply of, petrol to a person under the age of sixteen years.

(4) No person is to dispense petrol from a dispenser otherwise than on dispensing premises except to fill a suitable portable container.

(5) Paragraph (4) does not apply in relation to the re-fuelling of an aircraft by a bowser or vehicle specifically designed for the purpose of re-fuelling aircraft.

(6) In this regulation “suitable portable container” has the meaning given by paragraph 6 of Schedule 2.

Commencement Information

I12 Reg. 12 in force at 1.10.2014, see reg. 1(2)

PART 3 E+W+S STORAGE OF PETROL IN DOMESTIC OR OTHER RELEVANT PREMISES

Storage of petrol in domestic or other relevant premises E+W+S

13.—(1) A person keeps petrol in compliance with this regulation if the petrol—

(a) is kept in domestic or other relevant premises;

(b) is kept otherwise than for sale; and

(c) is kept—

(i) in accordance with paragraph 1 or 2 of Schedule 2; or

(ii) where there is a valid licence authorising the keeping of petrol granted by the petroleum enforcement authority under regulation 14, in accordance with that licence.

(2) A person keeps petrol in compliance with this regulation if the person keeps no more than 500 millilitres of petrol in a suitable container that is securely stopped, in the circumstances described in paragraph (1)(a) and (b), whether or not the person also keeps petrol pursuant to paragraph (1)(c).

(3) Petrol kept pursuant to paragraph (2) is not to be counted towards the amount of petrol kept in a storage place in accordance with Schedule 2.

Commencement Information

I13 Reg. 13 in force at 1.10.2014, see reg. 1(2)

Licences for storage in domestic or other relevant premises E+W+S

14.—(1) A petroleum enforcement authority may grant a person a licence authorising the keeping of petrol in excess of 275 litres in domestic or other relevant premises.

(2) A licence may only authorise the keeping of petrol for private use.

(3) “Private use” does not include keeping petrol for the purpose of sale.

(4) A petroleum enforcement authority may only grant a licence if it is satisfied that the keeping of petrol in accordance with the licence, including any proposed conditions of the licence, would not create an unacceptable risk to the health or safety of any person.

(5) A petroleum enforcement authority may attach conditions to a licence concerning any or all of the following matters—

(a) the nature and location of the premises in which petrol is to be kept;

(b) the amount of petrol kept;

(c) the mode of storage of petrol;

(d) the dispensing of petrol;

(e) the nature of any goods with which petrol is to be stored;

(f) the systems, if any, for fire detection;

(g) the equipment, if any, for the extinguishing of fires;

(h) the security of the site and petrol stored on the premises;

(i) the safe-keeping of petrol, generally.

(6) A licence must specify the premises, and the places within the premises where petrol is to be kept, and the name of the licensee.

(7) A licence may be granted for a maximum of three years.

(8) A licence is personal to the licensee and is not transferrable.

Commencement Information

I14 Reg. 14 in force at 1.10.2014, see reg. 1(2)

Appeals from refusals by petroleum enforcement authorities to grant licences E+W+S

15.—(1) A person who is aggrieved by a decision of a petroleum enforcement authority not to grant a licence under regulation 14 may appeal to the Secretary of State.

(2) Subsections (2) to (6) of section 44 of the 1974 Act apply for the purposes of this regulation as they apply to an appeal under section 44(1) of that Act.

(3) The Health and Safety Licensing Appeals (Hearings Procedure) Rules 1974 apply for the purposes of this regulation, but as if any reference in those Rules—

(a) to an appeal were a reference to an appeal under paragraph (1); and

(b) to a licensing authority were a reference to a petroleum enforcement authority.

(4) Paragraph (3) applies in Scotland as if the reference to the Health and Safety Licensing Appeals (Hearings Procedure) Rules 1974 were a reference to the Health and Safety Licensing Appeals (Hearings Procedure) (Scotland) Rules 1974.

(5) The Secretary of State, when determining the appeal, may direct the petroleum enforcement authority to grant a licence.

(6) In paragraph (5) “Secretary of State” includes a person who under section 44(2) of the 1974 Act determines the appeal on behalf of the Secretary of State.

Commencement Information

I15 Reg. 15 in force at 1.10.2014, see reg. 1(2)

Renewal and variation of licences E+W+S

16.—(1) A petroleum enforcement authority may renew a licence, on the application of the licensee, for a period of up to three years if it is satisfied that the keeping of petrol in accordance with the conditions of the licence would not create an unacceptable risk to the health or safety of any person.

(2) A petroleum enforcement authority may vary the conditions of a licence, on the application of the licensee, if the petroleum enforcement authority is satisfied that the storage of petrol in accordance with the conditions of the licence, as it is proposed they be varied, would not create an unacceptable risk to the health or safety of any person.

(3) In varying the conditions of a licence a petroleum enforcement authority may attach only conditions that it would be able to attach pursuant to regulation 14 on the grant of a licence.

Commencement Information

I16 Reg. 16 in force at 1.10.2014, see reg. 1(2)

Revocation of licences E+W+S

17.—(1) A petroleum enforcement authority may revoke a licence where—

(a) there has been a change in circumstances so that the continued keeping of petrol in accordance with the conditions of the licence would create an unacceptable risk to the health or safety of any person; or

(b) a condition of the licence has been contravened.

(2) Where a licence is revoked, the licensee must return the licence to the petroleum enforcement authority within 28 days of the date of the revocation.

Commencement Information

I17 Reg. 17 in force at 1.10.2014, see reg. 1(2)

PART 4 E+W+S MISCELLANEOUS PROVISIONS

Enforcing authorities E+W+S

18.—(1) A petroleum enforcement authority is the enforcing authority within its area for—

(a) these Regulations;

(b) sections 2 to 4 and 7 and 8 of the 1974 Act for the purposes of regulation 21(1), even if the road tanker in question is on a road at the time of that filling or replenishing; and

(c) the Dangerous Substances and Explosive Atmospheres Regulations 2002 in so far as they apply to any activity—

(i) at a retail petrol filling station relating to fuelling motor vehicles, ships with vehicle fuel or aircraft with petrol; or

(ii) at a non-retail petrol filling station relating to fuelling motor vehicles, ships or aircraft with petrol.

(2) Paragraph (1)(c) does not apply to—

(a) any activity at a retail petrol filling station connected with—

(i) repairing motor vehicles, ships or aircraft; or

(ii) retailing goods other than vehicle fuel; or

(b) any activity at a non-retail petrol filling station connected with repairing motor vehicles, ships or aircraft.

(3) In this regulation—

“non-retail petrol filling station” means premises used, or intended for use, for dispensing petrol for use in motor vehicles, ships or aircraft and includes any petrol dispenser, other apparatus or storage tank for storing petrol used there in connection with that fuelling, but it does not include any retail petrol filling station;

“retail petrol filling station” means premises used, or intended for use, for dispensing petrol to the public for use in motor vehicles, ships or aircraft by way of sale and includes any vehicle fuel dispenser, other apparatus or storage tank for storing vehicle fuel used there in connection with that fuelling;

“ship” includes every description of vessel used in navigation propelled by means of an internal combustion engine and includes hovercraft;

“vehicle fuel” means petrol or any other substance which provides the power in an internal-combustion engine in a motor vehicle, ship or aircraft;

“vehicle fuel dispenser” means a mechanical or electrical device for the dispensing of vehicle fuel.

Commencement Information

I18 Reg. 18 in force at 1.10.2014, see reg. 1(2)

Manufacture etc. of portable petrol storage containers E+W+S

19.—(1) Any person who manufactures, imports or supplies any container for use as a portable petrol storage container must ensure that the container meets the standards for such containers specified in Schedule 3.

(2) In any proceedings for an offence under paragraph (1) it is a defence for any person who supplied the container, but did not manufacture it, to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Commencement Information

I19 Reg. 19 in force at 1.10.2014, see reg. 1(2)

Repairs of vessels or containers that have contained petrol E+W+S

20.  A domestic or other relevant user must not repair, or allow the repair of, any container or other vessel, which to the person’s knowledge has contained petrol, or still contains petrol, without first taking all reasonable precautions to ensure that the container or other vessel has been rendered free from petrol and any flammable petrol vapours.

Commencement Information

I20 Reg. 20 in force at 1.10.2014, see reg. 1(2)

Prohibition on direct filling of fuel tanks from road tankers E+W+S

21.—(1) No person is to fill or replenish a fuel tank for an internal combustion engine or a portable container with petrol directly from a road tanker conveying petrol.

(2) A road tanker is conveying petrol where it is conveying petrol by road in circumstances where the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009(9) apply to that tanker.

Commencement Information

I21 Reg. 21 in force at 1.10.2014, see reg. 1(2)

Limited continuation of activities that were formerly compliant E+W+S

22.—(1) A petrol storage container that either—

(a) is made of metal and immediately before the relevant date complied with the requirements of regulations 2(1) and 4 of the Petroleum-Spirit (Motor Vehicles, etc.) Regulations 1929(10); or

(b) immediately before the relevant date complied with sub-paragraphs (a) to (d) of regulation 3(1) of, and the Schedule to, the Petroleum-Spirit (Plastic Containers) Regulations 1982(11),

may be manufactured and sold for use in Great Britain for up to two years after the relevant date.

(2) A person storing petrol in domestic or other relevant premises in accordance with the storage requirements in the Petroleum-Spirit (Motor Vehicles, etc.) Regulations 1929 immediately before the relevant date is to be treated as complying with the storage requirements in Schedule 2 for up to two years after the relevant date.

(3) A person storing up to 15 litres of petrol in domestic or other relevant premises in accordance with the storage requirements in section 1 of the Petroleum (Consolidation) Act 1928(12) immediately before the relevant date is to be treated as complying with the storage requirements in Schedule 2 for up to two years after the relevant date.

(4) For petrol stored domestically in accordance with the storage requirements in the Petroleum-Spirit (Motor Vehicles, etc.) Regulations 1929 any valid notice already given under those Regulations is deemed to be notice given in accordance with paragraph 4 of Schedule 2 to these Regulations, and remains valid for up to one year after the relevant date, or until the user gives or renews notice under these Regulations, whichever occurs first.

(5) An application for a licence under section 2 of the Petroleum (Consolidation) Act 1928 received, but not determined, by a petroleum licensing authority before the relevant date, is to be considered under regulation 6, 14 or 16 of these Regulations, as applicable, and the provisions of these Regulations apply.

(6) An application for the transfer of a licence under section 1 of the Petroleum (Transfer of Licences) Act 1936(13) received, but not determined, by the petroleum licensing authority before the relevant date, is to be considered under regulation 6 or 14 of these Regulations, as applicable, and the provisions of these Regulations apply.

(7) Fees paid for the grant or transfer of a licence in the circumstances described in paragraphs (5) and (6) are deemed to be fees paid in full for the determination of the application under these Regulations.

Commencement Information

I22 Reg. 22 in force at 1.10.2014, see reg. 1(2)

Transitional provisions in relation to licences granted under the Petroleum (Consolidation) Act 1928 E+W+S

23.—(1) This regulation applies to the keeping of petrol that immediately before the relevant date was authorised by a licence granted under section 2(2) of the Petroleum (Consolidation) Act 1928.

(2) Where the keeping of petrol to which this regulation applies—

(a) occurs on dispensing premises; and

(b) fulfils the requirements in paragraph (4),

it is deemed to be kept in compliance with a valid certificate granted under regulation 6.

(3) Where the keeping of petrol to which this regulation applies—

(a) occurs on domestic or other relevant premises;

(b) is for private use; and

(c) fulfils the requirements in paragraph (4),

it is deemed to be kept in compliance with a valid licence granted under regulation 14.

(4) The requirements are the conditions attached to the licence referred to in paragraph (1), but excluding any provision for renewal of the licence.

(5) “Private use” does not include keeping petrol for the purpose of sale.

(6) Except for paragraph (7), this regulation ceases to have effect at the end of the period of three years beginning with the relevant date.

(7) A licence deemed to be tantamount to a valid storage certificate under paragraph (2), where the storage arrangements remain unaltered, is to be converted, by the petroleum enforcement authority, to a storage certificate on its expiry without having to fulfil the requirements set out in regulation 6.

Commencement Information

I23 Reg. 23 in force at 1.10.2014, see reg. 1(2)

Savings in relation to byelaws E+W+S

24.  Despite the revocation of regulation 17(5) of the Dangerous Substances and Explosive Atmospheres Regulations 2002 (which saves byelaws made or having effect under section 9 of the Petroleum (Consolidation) Act 1928), byelaws made or having effect under section 9 of the Petroleum (Consolidation) Act 1928 which are in force immediately before the relevant date are to continue.

Commencement Information

I24 Reg. 24 in force at 1.10.2014, see reg. 1(2)

Repeals, revocations and consequential amendments E+W+S

25.—(1) The Acts and instruments referred to in column 1 of Part 1 of Schedule 4 are repealed or revoked to the extent specified in the corresponding entry in column 3 of that Part.

(2) Part 2 of Schedule 4 (which makes consequential amendments) has effect.

Commencement Information

I25 Reg. 25 in force at 1.10.2014, see reg. 1(2)

Review E+W+S

26.—(1) Before the end of the review period, the Secretary of State must—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) “Review period” means the period of five years beginning with the relevant date.

Commencement Information

I26 Reg. 26 in force at 1.10.2014, see reg. 1(2)

Signed by authority of the Secretary of State for Work and Pensions.

Mike Penning

Minister of State

Department of Work and Pensions

23rd June 2014