PART 3STORAGE OF PETROL IN DOMESTIC OR OTHER RELEVANT PREMISES

Appeals from refusals by petroleum enforcement authorities to grant licencesI115

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.