The Oil Stocking Order 2012

Type Statutory-Instrument
Publication 2012-11-12
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
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Made: 12th November 2012

Laid before Parliament: 16th November 2012

Coming into force: 31st December 2012

The Secretary of State is a person designated for the purposes of section 2(2) of the European Communities Act 1972 in respect of energy and energy sources .

The Secretary of State makes this Order in exercise of the powers conferred by section 6(6)(a) and section 17(2) and (3) of the Energy Act 1976 and section 2(2) of the European Communities Act 1972.

PART 1 — PRELIMINARY

Citation and commencement

1

This Order may be cited as the Oil Stocking Order 2012 and comes into force on 31st December 2012.

Interpretation

2

PART 2 — UNITED KINGDOM STOCKS

United Kingdom stocks

3

Eligible stocks

4

Holding and location requirements

5

it is not to be treated as held as described in paragraph (1).

Eligibility requirements for biofuels and additives

6

The requirements referred to in article 3(2)(a) are that—

PART 3 — MEASURES AFFECTING THE AVAILABILITY OF STOCKS

Restrictions on enforcement proceedings

7

Ceasing to produce, supply or use crude liquid petroleum or petroleum products

8

PART 4 — STOCKS HELD ON BEHALF OF ... MEMBER STATES, CSEs and EU OPERATORS

Arrangements for stocks held on behalf of a member State, a CSE or an EU operator

9

A person must not hold stock in the United Kingdom on behalf of a member State, a CSE or an EU operator otherwise than in accordance with a delegation arrangement authorised by the Secretary of State.

Commingled stock

10

Protection of stocks in an oil supply crisis

11

PART 5 — PROCEDURAL REQUIREMENTS

Applications

12

the application for authorisation of the CSE ticket arrangement must be made at least 170 days before the obligation date.

Authorisations

13

Revocation

14

The Secretary of State may revoke an authorisation given under article 13 if the Secretary of State has before doing so—

Writing

15

An application, authorisation, consent, notice or notification which may be required or given under this Order—

PART 6 — SUBSTANTIAL SUPPLIERS

Substantial suppliers to the United Kingdom market

16

PART 7 — PENALTIES AND ENFORCEMENT

Penalties and enforcement

17

PART 8 — REVOCATIONS AND REVIEW

Revocations

18

Review

19

SCHEDULE 1 — Applications for authorisation

Applications

1

This Schedule applies to applications made under article 12 (“an application”) and “applicant” refers to the person making an application.

Requirements for all applications for authorisation

2

Additional requirements where a stock is to be held in a particular form

3

Additional requirements for particular applications

4

An application in respect of—

SCHEDULE 2 — Enforcement powers

Power to call for documents

1

2

Entry with warrant

3

the justice or sheriff may issue a warrant naming a person authorised by the Secretary of State and authorising that person to enter the premises, by force if necessary.

Proceedings

4

Proceedings for an offence of contravening article 9 or 11—

Signed

John Hayes — Minister of State — 2012-11-12

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

[^f00002]: S.I. 2010/761.

[^f00003]: 1976 c.76.

[^f00004]: OJ No L 304, 14.11.2008, p.1.

[^f00005]: OJ No L 265, 9.10.2009, p.9.

[^f00006]: S.I. 1981/226 (N.I.6); there have been 29 amending instruments, the most recent amending instrument being S.I. 2010/976.

[^f00007]: The website of the International Energy Agency is: www.iea.org.

[^f00008]: 2006 c.46. Amendments have been made that are not relevant for these purposes.

[^f00009]: S.I. 1976/2162.

[^f00010]: S.I. 1982/968.

[^f00011]: S.I. 1983/909.

Editorial notes

[^c21450671]: 1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

[^c21450681]: S.I. 2010/761.

[^c21450691]: 1976 c.76.

[^c21450701]: OJ No L 304, 14.11.2008, p.1.

[^c21450711]: OJ No L 265, 9.10.2009, p.9.

[^c21450721]: S.I. 1981/226 (N.I.6); there have been 29 amending instruments, the most recent amending instrument being S.I. 2010/976.

[^c21450731]: The website of the International Energy Agency is: www.iea.org.

[^c21450741]: 2006 c.46. Amendments have been made that are not relevant for these purposes.

[^c21450751]: S.I. 1976/2162.

[^c21450761]: S.I. 1982/968.

[^c21450771]: S.I. 1983/909.

[^key-3acaebf3712de4d3aedc25b61d76eddd]: Word in Pt. 4 heading omitted (31.12.2020) by virtue of The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 7(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a1a25d490ff19586cd0f3c9cf9add4b3]: Words in art. 2(1) omitted (31.12.2020) by virtue of The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 7(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-cd1eb962fc096ee296dde3e36f2530c2]: Words in art. 2(1) substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 7(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-91ac974f4382daae17a350e63e014b5f]: Words in art. 7(1) substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 7(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0c00caf80ac772d2c3106954ef703fa3]: Words in art. 9 heading substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 7(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-84148bde3434672cd28c9f987a02d11b]: Words in art. 9 substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 7(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c284dfeaaffd676da4fb7c8acafb015a]: Words in art. 11(1) substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 7(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ee2414e7e9364ab3131c7ac11bdbe924]: Art. 13(2)(a) omitted (31.12.2020) by virtue of The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 7(5); 2020 c. 1, Sch. 5 para. 1(1)

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