The Petroleum (Consolidation) Regulations 2014

Made: 23rd June 2014

Laid before Parliament: 30th June 2014

Coming into force: 1st October 2014

The Secretary of State makes these Regulations in exercise of the powers conferred upon him by sections 15(1), (2), (3)(a) and (c), (4), (6)(b) and (8), 18(2)(a), 43(2) and (4), 80(1) and 82(3)(a) of, and paragraphs 1(1), (2), (3) and (4), 3(1), 4, 9, 12 and 15(1) of Schedule 3 to, the Health and Safety at Work etc. Act 1974[^f00001] (“the 1974 Act”)— for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Executive under section 11(3)[^f00002] of the 1974 Act, the Executive having consulted in accordance with section 50(3)[^f00003] of that Act, and it appearing to him that the repeal of the Acts and the provisions of the Act mentioned in Part 1 of Schedule 4, and modification of the provisions of the Acts and instrument mentioned in paragraphs 1 to 5 of Part 2 of Schedule 4, are expedient as set out in section 80(1) of the 1974 Act and after consulting such bodies which appeared to him to be appropriate in accordance with section 80(4)[^f00004] of that Act.

for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Executive under section 11(3)[^f00002] of the 1974 Act, the Executive having consulted in accordance with section 50(3)[^f00003] of that Act, and

it appearing to him that the repeal of the Acts and the provisions of the Act mentioned in Part 1 of Schedule 4, and modification of the provisions of the Acts and instrument mentioned in paragraphs 1 to 5 of Part 2 of Schedule 4, are expedient as set out in section 80(1) of the 1974 Act and after consulting such bodies which appeared to him to be appropriate in accordance with section 80(4)[^f00004] of that Act.

PART 1 — INTRODUCTION AND GENERAL PROHIBITION ON THE KEEPING OF PETROL

Citation and commencement

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

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

Interpretation

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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— the fuel tank for an internal combustion engine; or 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— domestic premises; or 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— in England— in Greater London[^f00005] or a metropolitan county[^f00006], the fire and rescue authority[^f00007]; in a non-metropolitan county, the county council, and may include district borough, city or unitary councils; in the Isles of Scilly, the Council for the Isles of Scilly; in Wales, the county council or county borough council; in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[^f00008];

• “petrol” means petroleum or a mixture of petroleum with one or more substances which— is liquid or viscous at a temperature of 15°C and a pressure of 101.325 kPa (1013.25 mb); and when tested in accordance with Part A.9 of the Annex to Council Regulation (EC) No 440/2008[^f00009] (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[^f00010].

Application

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• (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 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.

General prohibition on the keeping of petrol

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

PART 2 — STORAGE OF PETROL ON DISPENSING PREMISES

Storage under certificate

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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.

Application and grant of storage certificates

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• (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.

Validity of storage certificates

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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.

Prescribed material changes

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• (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.

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

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• (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).

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

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• (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).

Appeals from refusals by petroleum enforcement authorities to grant storage certificates

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• (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[^f00012] 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[^f00013].

• (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.

General prohibitions on dispensing and supply of petrol

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• (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.

PART 3 — STORAGE OF PETROL IN DOMESTIC OR OTHER RELEVANT PREMISES

Storage of petrol in domestic or other relevant premises

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• (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.

Licences for storage in domestic or other relevant premises

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• (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.

Appeals from refusals by petroleum enforcement authorities to grant licences

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