Licences for Keeping Petroleum-SpiritE+W+S

1 Petroleum-spirit not to be kept without a licence. E+W+S

(1)Subject to the provisions of this Act, petroleum-spirit shall not be kept unless a petroleum-spirit licence is in force under this Act authorising the keeping thereof and the petroleum-spirit is kept in accordance with such conditions, if any, as may be attached to the licence:

(a)it is kept in separate glass, earthenware, or metal vessels, securely stopped and containing not more than [F1570 millilitres] each; and

(b)the aggregate amount kept would not, if the whole contents of the vessels were in bulk, exceed [F115 litres].

(2)The occupier of any premises in which petroleum-spirit is kept in contravention of this section shall be [F2guilty of an offence.]

(3)If any person to whom a petroleum-spirit licence is granted contravenes any condition of the licence, he shall be [F2guilty of an offence.]

2 Provisions as to licences. E+W+S

(1)The local authority empowered under this Act to grant petroleum-spirit licences shall be—

[F3( a )in Greater London or a metropolitan county, the [F4fire authority][F4fire and rescue authority];]

(c)elsewhere, [F5the county council][F6or county borough council]:

F7. . ..

(2)A petroleum-spirit licence may be granted by a local authority so as to be in force for such time, and subject to such provisions as to renewal, as the local authority think necessary.

(3)A local authority may attach to any petroleum-spirit licence such conditions as they think expedient, as to the mode of storage, the nature and situation of the premises in which, and the nature of the goods with which, petroleum-spirit is to be stored, the facilities for the testing of petroleum-spirit from time to time, and generally as to the safe-keeping of petroleum-spirit.

F8(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Appeals from refusals by local authorities to grant licences. E+W+S

[F9Where a person who is aggrieved by a decision of a local authority on an application for a petroleum-spirit licence appeals to the Secretary of State under section 44 of the M1Health and Safety at Work etc. Act 1974, the Secretary of State when he determines the appeal or a person who determines the appeal on his behalf under that section may, if he thinks fit, direct the Health and Safety Executive to grant the licence either without conditions or subject to such conditions as he thinks proper or to modify the conditions attached by the local authority, and any licence so granted or modified shall be in force for such time and be subject to such provisions as to renewal as may be specified in the licence and shall have effect as if granted by a local authority.]

4 Fees payable for licences. E+W+S

[F10In respect of every petroleum-spirit licence granted by a local authority, or by the Secretary of State or by the Health and Safety Executive under this Act, fees shall be payable in the first case to the local authority, and in the other two cases to the Health and Safety Executive], by the person to whom the licence is granted, at the rates [F11fixed by or determined under regulations made in accordance with section 43(2) of the Health and Safety at Work etc. Act 1974].

Labelling of Vessels containing Petroleum-SpiritE+W+S

[F125 Provisions as to the labelling of vessels containing petroleum-spirit. E+W+S

(1)Subject as hereinafter provided, where any petroleum-spirit—

(a)is kept at any place; or

(b)is sent or conveyed between any two places in Great Britain; or

(c)is sold or exposed or offered for sale;

there shall be attached to, or, where that is impracticable, displayed near, the vessel containing the petroleum-spirit, a label showing, in conspicuous characters, the words “Petroleum-Spirit” and the words “Highly Inflammable,” and—

(i)in the case of petroleum-spirit kept, the name and address of the consignee or owner;

(ii)in the case of petroleum-spirit sent or conveyed, the name and address of the sender;

(iii)in the case of petroleum-spirit sold or exposed or offered for sale, the name and address of the vendor:

Provided that, for the purposes of the foregoing provisions—

(a)petroleum-spirit shall not be deemed to be kept during the seven days next after it has been imported; and

(b)petroleum-spirit carried on any motor vehicle, ship, or aircraft, but intended to be used only for the purposes thereof shall not be deemed to be conveyed.

(2)Any person who keeps, sends, conveys, sells, or exposes or offers for sale any petroleum-spirit in contravention of this section shall be [F13guilty of an offence].]

Transport of Petroleum-SpiritE+W+S

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W+S

7, 8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W+S

F169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17E+W+S

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W+S

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19E+W+S

Accidents in connection with Petroleum-SpiritE+W+S

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20E+W+S

14, 15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21E+W+S

Powers of Inspection, &c.E+W+S

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22E+W+S

F2317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

18 Warrants to search for and seize petroleum-spirit. E+W+S

(1)If a court of summary jurisdiction is satisfied by information on oath that there is reasonable ground for suspecting that any petroleum-spirit is being kept, sent, conveyed, or exposed or offered for sale within the jurisdiction of the court in contravention of this Act, the court shall grant a search warrant authorising any person named therein to enter and examine any place, ship or vehicle named in the warrant and to search for and take samples of petroleum therein and to seize and remove any petroleum-spirit that he may find therein kept, sent, conveyed, or exposed or offered for sale in contravention of this Act, and the vessel containing any such petroleum-spirit, and to detain such petroleum-spirit and vessel until a court of summary jurisdiction has determined whether or not they are to be forfeited.

(2)Where any petroleum-spirit or vessel is seized by virtue of a warrant granted under this section—

(a)proceedings shall be commenced forthwith for determining whether or not it is to be forfeited; and

(b)the person seizing it shall not be liable to any proceedings for detaining it or for any loss or damage incurred in respect thereof except where the loss or damage is due to any wilful act or neglect while the petroleum-spirit or vessel is so detained; and

(c)in the case of any petroleum-spirit or vessel seized in any ship or vehicle, the person seizing it may for the purposes of the removal thereof use, during twenty-four hours after the seizure, the ship or vehicle in which it was seized, with the tackle, beasts and accoutrements belonging thereto, but if he do so shall pay to the owner of the ship or vehicle reasonable compensation for the use thereof: the amount of such compensation shall, in default of agreement, be assessed by the court of summary jurisdiction before which proceedings are taken for determining whether or not the petroleum-spirit or vessel is to be forfeited, and may be recovered in like manner as fines under this Act may be recovered.

(3)If any person by himself or by anyone in his employ or acting by his direction or with his consent refuses or fails to admit into any place, ship or vehicle occupied by him or under his control any person authorised by a warrant granted under this section to enter that place, ship or vehicle, or obstructs or prevents any person from making any search, examination or seizure or taking any samples which he is authorised by such a warrant to make or take, that person shall be [F24guilty of an offence].

[F25(4)This section does not apply to—

(a)a workplace within the meaning of the Dangerous Substances and Explosive Atmospheres Regulations 2002 used, or intended for use, for the dispensing of petroleum-spirit, or

[F26(b)carriage by road to which the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 apply.]]

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27E+W+S

SupplementaryE+W+S

[F2820 Provisions as to apparatus for and method of testing petroleum.E+W+S

(1)Models of the apparatus for testing petroleum, of which specifications are contained respectively in Part I of the Second Schedule to this Act and in the First Schedule to the M2Petroleum Act 1879, shall remain deposited with the Board of Trade, and the Board shall, on payment of such fee, . . . F29, as the Board [F30may from time to time with the approval of the Treasury determine], cause every apparatus constructed in accordance with either such specification which is submitted to them for the purpose to be compared with the appropriate model so deposited . . . F29, and shall stamp with a mark approved by the Board and notified in the London Gazette every such apparatus that is found to be correct, so, however, that no apparatus constructed in accordance with the specification contained in the First Schedule to the M3Petroleum Act 1879, shall after the commencement of this Act be so . . . F29 stamped unless it has been previously . . . F29 stamped on or before the third day of August, nineteen hundred and twenty-eight.

(2)No apparatus for testing petroleum stamped by the Board of Trade in accordance with the provisions of this section shall be deemed to have been verified by the Board unless—

(a)it has been stamped within ten years; and

(b)no part of the apparatus has been materially altered, repaired, or replaced since the apparatus was last stamped

but save as aforesaid all such apparatus purporting to be so stamped shall be deemed to have been verified by the Board until the contrary is proved.

(3)All fees payable under this section shall be paid into the Exchequer.]

21 Regulations and byelaws to be laid before Parliament. E+W+S

All regulations made by the Secretary of State and all byelaws made by the Admiralty under this Act shall be laid before each House of Parliament as soon as may be after they are made, and, if an Address is presented to His Majesty by either House of Parliament within the next subsequent forty days on which that House has sat next after any such regulation or byelaw is laid before it, praying that the regulation or byelaw may be annulled, it shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder or to the making of any new regulation or byelaw.

22 Confirmation and publication of byelaws.E+W+S

The Secretary of State or the Minister of Transport, as the case may be, may confirm any byelaws submitted to him under this Act with or without any modifications, and any byelaws so confirmed shall be published by the authority by whom they were submitted in such manner as the Secretary of State or the Minister of Transport, as the case may be, may direct.

23 Interpretation. E+W+S

In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them (that is to say):—

• F31. . .

• “Canal” and “canal company” have respectively the same meanings as in the M4Regulation of Railways Act 1873:

• “Contravention” includes, in relation to any provision, a failure to comply with that provision, and the expression “contravene” shall be construed accordingly:

• [F32“the Directive” means Commission Directive 92/69 EEC F33 adapting to technical progress for the seventeenth time Council Directive 67/548/EEC F34 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances:

• “Dispensing” means manual or electrical pumping of petroleum-spirit from a storage tank into the fuel tank for an internal combustion engine, whether for the purposes of sale or not:]

• “Dock” includes any pier, jetty or other place, in or at which ships can ship or unship goods or passengers:

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

• “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, subject to the provisions of this Act, any dock:

• “Harbour authority” means any person or body of persons in whom are vested by or under any Act of Parliament powers and duties of improving, maintaining or managing a harbour, so, however, that where, as respects any dock within a harbour, such powers and duties are separately vested by or under any Act of Parliament in any person or body of persons, that person or body shall, as respects that dock, be the harbour authority, and the dock shall be deemed to be a separate harbour:

• [F36“I.W.G.” means the denominations of standards approved by Order in Council made under the M5Weights and Measures Act 1878, and dated the twenty-third day of August, eighteen hundred and eighty-three, known as the “Imperial Wire Gauge”:]

• “Licensed premises” means any premises in respect of which a petroleum-spirit licence is in force under this Act:

• “Motor vehicles” includes all mechanically-propelled vehicles intended or adapted for use on roads:

• “Petroleum” includes crude petroleum, oil made from petroleum, or from coal, shale, peat or other bituminous substances, and other products of petroleum:

• F37. . .

• [F38“Petroleum-spirit” means petroleum which, when tested in accordance with Part A.9. of the Annex to the Directive, has a flash point (as defined in that Part) of less than 21°C:]

• “Ship” includes every description of vessel used in navigation, whether propelled by oars or otherwise

24 Application to Scotland. E+W+S

This Act shall apply to Scotland subject to the following modifications:—

[F39(1)for paragraphs (a) and (c) of section 2(1) of this Act there shall be substituted the words “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

F41(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)any petroleum, petroleum-spirit, or other substance or thing ordered by a court to be forfeited may be sold or otherwise disposed of in such manner as the court shall direct;

F41(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25 Savings.U.K.

(1)The powers conferred by this act shall be in addition to and not in derogation of any other powers conferred on any local authority, harbour authority, or canal company by any Act (not being an enactment repealed by this Act), or by law or custom.

(2)Nothing in this Act shall be deemed to exempt any person from any penalty to which he would otherwise be subject in respect of a nuisance.

[F4225A

[F43(1)]The provisions of this Act shall not apply in respect of—

(a)any establishment to which the Control of Major Accident Hazards Regulations 1999 [S.I. 1999/743] apply by virtue of regulation 3 of those Regulations; F44. . .

(b)any site in respect of which notification of an activity is required pursuant to regulation 3 of the Notification of Installations Handling Hazardous Substances Regulations [1982 S.I. 1982/1357]..]

(2)For the purposes of subsection (1)(c), any part of a workplace where petroleum-spirit is kept other than for dispensing is not to be regarded as used, or intended for use, for dispensing petroleum-spirit.]

26†Short title, extent, repeal and commencement.E+W+S

(1)This Act may be cited as the Petroleum (Consolidation) Act 1928.

(2)This Act shall not extend to Northern Ireland.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

(a)any appointment, byelaw, regulation, order, licence, certificate or warrant, made, granted, given or issued and any proceedings taken, under any enactment hereby repealed, shall have effect as if made, granted, given, issued, or taken under the corresponding provision of this Act, and any byelaws made by a harbour authority as defined by this Act with respect to the landing of petroleum-spirit, being byelaws which under the said repealed enactments applied with the necessary modifications to the loading of ships with such spirit, shall, until revoked, continue so to apply, and references in this Act to any appointment, byelaw, regulation, order, licence, certificate, warrant or proceedings shall have effect accordingly;

F47(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any document referring to any enactment repealed by this Act shall be construed as referring to this Act and to the corresponding enactment, if any, therein.

(4)The mention of particular matters in this section shall not be held to prejudice or affect the general application of [F48sections 16(1) and 17(2)(a) of the M6Interpretation Act 1978], with regard to the effect of repeals.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

SCHEDULES

FIRST SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50E+W+S

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

Section 20.]

[F51SECOND SCHEDULEE+W+S Test Apparatus to be used and Manner of testing Petroleum therewith so as to ascertain the Temperature at which it will give off Inflammable Vapour

[F52Part IE+W+S Specification of the Test Apparatus]

[F53GeneralE+W+S

The apparatus to be employed shall be the Abel Petroleum Testing apparatus or the Abel apparatus modified by having an oil cup provided with a stirrer. It shall be constructed to the dimensions herein specified within the limits of accuracy prescribed by the tolerances set forth below.]

[F54The Oil CupE+W+S

The oil cup consists of a cylindrical vessel open at the top and fitted on the outside with a flat circular flange projecting at right angles.

Within the cup, fixed through the wall and silver soldered or brazed in place, there is a gauge consisting of a piece of wire bent upwards and terminating in a point.

Material:—brass or gunmetal.

[F55 The CoverE+W+S

The cup is provided with a close-fitting cover with a downward projecting rim barely reaching the flange of the cup. The downward projecting rim is made solid with the top or silver soldered or brazed in place. Upon the cover are mounted a thermometer socket, trunnions to support an oil-test lamp, a pair of guides in which a slide moves, and a white bead. The top of the cover is pierced by three rectangular holes symmetrically placed on a diameter, one in the centre and the other two as close as practicable to the inner sides of the cover-rim and opposite each other. These three holes are covered or uncovered by means of a slide moving in suitably disposed guides. The slide has two perforations, one corresponding in all particulars to the centre hole in the cover and the other to one of the holes at the side. The movement of the slide is restricted by suitable stops, and its length and the disposition of the holes are such, that at the outer extremity of the movement of the slide, the holes in the cover are simultaneously just completely opened and at the inner extremity of the movement of the slide they are completely closed.

The trunnions supporting the test lamp are fixed on the top of the guides and the lamp is mounted in the trunnions so that it is free to oscillate. The lamp is provided with a jet to contain a wick and is so arranged that when the slide is moved so as to uncover the holes, the oscillating lamp is caught by a pin fixed in the slide and tilted over the central hole in such a way that the lower edge of the cover bisects the circle formed by the bore of the jet when in the lowest position. The flame then occupies a central position within the hole in both directions.

A suitably mounted gas-jet may be substituted for the lamp.

The thermometer socket is in the form of a split tube, mounted on a diameter at right angles to the diameter through the centres of the holes, and fitted at such an angle as to bring the bulb of the thermometer, when in place, vertically below the centre of the cover and at the correct distance from it.

A white bead, the dimensions of which represent the size of test flame to be used, is mounted in a visible position on the cover.

Materials:—all parts excepting bead:—brass or gunmetal. bead:—ivory or other suitable material.

[F56Cover fitted with stirrerE+W+S

Provision may be made in the cover for the reception of a stirrer which projects into the oil cup, for use with viscous materials only.

A bush is mounted on the cover in a position diametrically opposite the thermometer mounting and its length is such and it is set at such an angle that the stirrer rod clears the oil-level gauge and the blades operate below the level of and without fouling the thermometer bulb. The bush is placed as near as practicable to the outer edge of the cover.

The stirrer consists of a round stem having four blades or vanes silver soldered in place at one end. A collar is fixed on the stem so that when the stem is inserted into the bush from below, it is arrested at a position such that the correct length protrudes into the oil cup. The top end of the stem is reduced and screwed.

A long sleeve having an internally screwed, knurled knob soldered to its upper end, is passed over the upper end of the stem and screwed home. The length of the sleeve is such that a flat-faced collar at its lower end just comes into contact with the upper end of the bush, leaving the stirrer free to rotate without appreciable vertical play.

A flat-headed cylindrical plug is provided for insertion in the bush when the stirrer is not in use.

Material:—brass or gun-metal.

[F57 Heating VesselE+W+S

The heating vessel or bath consists of two flat-bottomed cylindrical copper vessels placed coaxially one inside the other and soldered at their tops to a flat copper ring, greater in outside diameter than the larger vessel and of smaller inside diameter than the smaller vessel. The space between the two vessels is thus totally enclosed and is used as a water jacket.

An ebonite or fibre ring of right-angle section is fitted into the hole in the centre of the flat ring forming the top of the bath and, when the apparatus is in use, the oil cup fits into, and its flange rests upon, this ebonite or fibre ring so that the oil cup is centrally disposed within the heating vessel. The ebonite or fibre ring is secured in place by means of six small screws having their heads sunk below the surface of the ring, to avoid metallic contact between the bath and the oil cup.

A split socket, similar to that on the cover of the oil cup, but set vertically, allows a thermometer to be inserted into the water-space. A funnel and overflow pipe also communicate with the water-space through the top plate and two loop handles are provided thereon.

The bath rests upon a cast-iron tripod stand, to the ring of which is attached a cylindrical copper jacket not less than 24 I.W.G. flanged inwards at the top, and of such dimensions that the bath, while resting firmly on the iron ring, just touches with its outward projecting flange the inward-turned flange of the jacket. Two handles are provided on the outer jacket.

Diameter of the outward jacket 6·5 inches±0·1 inches.]

[F58Spirit LampE+W+S

A spirit lamp is provided for raising the temperature of the water bath, but any other means approved by the Board of Trade may be employed for this purpose.]

[F59 ThermometersE+W+S

Two thermometers are provided with the apparatus, the one for ascertaining the temperature of the bath, the other for determining the flashing point.]

[F60Oil Cup ThermometerE+W+S

[F61Water Bath ThermometerE+W+S

The brass collar of the thermometer is in each case of the following dimensions:—

[F62Part II]E+W+S

Manner of Testing PetroleumE+W+S

[F631E+W+SFor the purposes of this Act petroleum shall be tested either by means of apparatus constructed in accordance with the specification contained in Part I of this Schedule, or by means of apparatus constructed in accordance with the specification contained in the First Schedule to the M7Petroleum Act 1879 and verified and stamped by the Board of Trade.]

[F642E+W+SThe test apparatus shall be placed for use in a position where it is not exposed to currents of air or draughts.]

[F653E+W+SThe heating vessel or water-bath shall be filled by pouring water into the funnel until it begins to flow out at the spout of the vessel. The temperature of the water at the beginning of the test shall be 130 degress Fahrenheit and no heat shall be applied to the water-bath during the test. When a test has been completed and it is desired to make another test the water-bath shall be again raised to 130 degrees Fahrenheit which may conveniently be done while the petroleum cup is being emptied, cooled and refilled with a fresh sample to be tested. The next test is then proceeded with.]

[F664E+W+SIf an oil test-lamp is being used it shall be prepared by fitting it with a piece of flat plaited candle-wick, and filling it with colza or rape-oil up to the lower edge of the opening of the spout or wick tube. The lamp shall be trimmed so that when lighted it gives a flame of about 0·15 of an inch diameter, and this size of flame, which is represented by the projecting white bead on the cover of the oil-cup, is readily maintained by simple manipulation from time to time with a small wire trimmer. A gas test-lamp may be employed, and if so, the size of the jet of flame shall be adjusted to the size laid down above.]

[F675E+W+SThe bath having been raised to the proper temperature, the cup shall be placed on a level surface in a good light and the oil to be tested shall be poured into it, until the level of the liquid just reaches the point of the gauge which is fixed in the cup. Before the test is begun the temperature of the oil shall be determined and shall be brought to approximately 60 degrees Fahrenheit. The cover, with the slide closed, shall then be put on to the cup and pressed down so that its edge rests on the rim of the cup, and the cup shall be placed into the bath or heating vessel, every care being taken to avoid wetting the sides of the cup with the oil. The thermometer in the lid of the cup has been adjusted so as to have the correct immersion when the brass collar of the thermometer is properly seated, and its position shall not in any circumstances be altered. When the cup has been placed in the proper position, the scale of the thermometer faces the operator.]

[F686E+W+SThe test-lamp shall then be placed in position upon the lid of the cup. When the temperature has reached 66 degrees Fahrenheit the operation of testing shall be begun, the test flame being applied once for every rise of one degree, in the following manner:—

The slide shall be slowly drawn open while a metronome, set so as to beat at the rate of 75 to 80 beats in the minute, beats three times and shall be closed during the fourth beat. A pendulum of 24 inches effective length may be used in place of the metronome, counting one beat from one extremity of the swing to the other.]

F69F69THIRD SCHEDULEE+W+S

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