REGULATIONS

Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2002.

S.I. No. 624 of 2002

To be made by the Minister

for Enterprise, Trade and Employment

I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 36 and 37(3) of No. 10 of 1972 ) (as adapted by the Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 ( S.I. No. 18 of 1993 ) and the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 305 of 1997 )), hereby make the following Regulations:

1.         (1)       These Regulations may be cited as the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2002.

(2)       These Regulations shall come into operation on 1 January 2003.

2.         The Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 to 2001 and these Regulations may be cited as the Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 to 2002 and shall be read together as one.

3.         In these Regulations -

“Principal Regulations” means the Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 ( S.I. No. 311 of 1979 );

“Regulations of 1988” means the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 1988 ( S.I. No. 303 of 1988 ).

4.         The Principal Regulations are amended -

(a)      in Regulation 4 (inserted by Regulation 3(f) of the Regulations of 1988) by substituting the following for paragraph (2):

“(2)      Paragraph (1)(i) of this Regulation shall apply from 1 January 2003 to 31 December 2004.”,

and

(b)      by substituting the following for Schedule 7 (inserted by Regulation 3(s) of the Regulations of 1988):

“SCHEDULE 7

Regulation 4

FORM OF LICENCE TO KEEP PETROLEUM CLASS 1 AT RETAIL STORE OR PRIVATE STORE

Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 to 2002.

Register No.    ..............

Total quantity authorised    ...................

Fee paid    ............................................

Licence to keep petroleum Class I at Retail Store/Private Store

Name of Licensing Authority    ............................................................ ..............................

Address of Licensing Authority    ............................................................ .........................

............................................................ ............................................................ ..................

Licensee's Name    ............................................................ ................................................

Licensee's Trade or Business    ............................................................ ..........................

Licensee's Address    ............................................................ ............................................

Location of proposed petroleum Retail Store/Private Store

............................................................ ............................................................ ..................

The ............................................................ ....................., being the licensing authority

under No. 10 of 1972 ), hereby grants this

licence authorising petroleum Class I (petroleum spirit) to be kept for the period not

exceeding ........ ..............from ........... ........................ 20.., at the petroleum retail

store/private store at the above-named location, subject to that Act and any orders and

regulations made under or continued by that Act and in force for the time being, and

subject also to any applicable bye-laws and to the conditions annexed hereto.

Conditions of issue of this licence -

(1)       This store will not be eligible for a licence after 31 December 2004 unless it meets fully the requirements of No. 10 of 1972 ), the Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 to 2002 and any subsequent Regulations amending those Regulations.

(2)       The following conditions must be observed -

a.

b.

c.

d.

e.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for the amendment of the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979, as previously amended by the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations, 1988, the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations, 1999, and the Dengerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations, 2001. Under the Regulations, as adapted by section 29 of the Safety, Health and Welfare at Work Act, 1989 ( No. 7 of 1989 ), a retail and private petroleum store requires to be licensed by the local or harbour authority or, where the store is owned by such authority, by the National Authority for Occupational Safety and Health.

The Regulations as amended, inter alia, provide for safety requirements in certain circumstances for petrol filling stations, constructed before the 1979 Regulations commenced, to enable them to be licensed to operate until 31 December, 2004. Safety controls on management and operations are maintained.

Published by the Stationery Office

Dublin 8