PETROLEUM LA w-G. l. FULLER

Attingham - May,- ·1965

WE PUBLISH A FURTHER SELECTION OF PAPERS PRESENTED TO STUDENTS AT THE MID-WEEK SCHOOL HELD AT ATTINGHAM PARK THIS YEAR.

PETROLEUM LAW

G. I. Fuller, M.A., LL.B., Chief Assistant Solicitor Solihull

Virtually the whole of the law relating to Petroleum Spirit is to be found in the Petroleum (Consolidation) Act, 1928, which replaces earlier legislation on the subje~t, and in Orders, Regulations and Byelaws made under this Act. The Act is modified in one minor respect by The Petroleum (Transfer of Licences) Act, 1936, and these two Acts are together known as The Petroleum (Regulation) Acts, 1928 and 1936, but in the remainder of this synopsis reference will be to the 1928 Act. There is almost no case law ~o assist (or otherwise) in its interpretation, but in certain areas (notably London) its provisions are supplemented by local Acts. While this Act also applies to Scotland (and of course Wales), Northern Ireland has separate legislation which is, however, broadly on the same lines.

To what substances does the Act apply ?

Pri,n:iarily, the Act applies to Petroleum Spirit. 'Petroleum includes crude petroleum, oil made from petroleum, or from coal, shale, peat or other bituminous substances, and other products of petroleum. 'Petroleum Spirit' is defined in Section 23 as follows: "Petroleum as when tested in the (stated) manner (the Abel-Close Test) gives off an inflammable vapour at a temperature of less than 73°F."

In _addition, Orders may be made under Section 19 applymg the Act, in whole or in part to other substances, and the following Orders have been' made:

The Carbide of Calcium Order 1929

The Petroleum (Mixtures) Order 1929 (which applies to any. mixture of petroleum and any other substance if the product has a flash point below 73°F)

The Compressed Gases Order 1930

The Inflammable Liquids and Other Dangerous Substances Order 194 7 '

The Liquid Methane Order 1957

The Carbon Disulphide Order 1958

Of these Orders, those relating to Carbide of Calcium, Petroleum Mixtures and Liquid Methane apply virtually the whole Act to these substances, with necessary modifications. The other Orders apply only minor parts of the Act, such as the provisions as to labelling and the reporting of accidents, and the power to make Conveyance Regulations (which will be dealt with later).

Substances such as Diesel Fuel which do not fall within the definition of Petroleum Spirit and for which no Orders have been made therefore are outside the _provisions of ihe Act. The Licensing System "Petroleum Spirit shall not be k~pt unless a p~t.roleum spirit licence is in force under this Act ~~th~:msmg the keeping thereof, and the P~~roleui::i Spmt 1s kept 111 accordance with such cond1t1ons, 1f any, as may be attached to the licence" (Section I). Petroleum Spirit Licences are issued by the Councils of County Boroughs and County Districts upon payment of a prescribed fee, and may be refused because of the unsuitability of t.he premises or on grounds of s'.lfety (but. not on. amenity grounds, or because the licensmg au.t~1~mt)'.

c~ns1ders that the existing petroleum storage fac1ht1es m its area are adequate). There is an app~al to the H~1~e Secretary against a refusal to grant a licence. Cond1t1on~ may be imposed relating to such matters as ~he co1'.s.t~uct1on of the premises, the method of storage, ~estmg fac1h.ties and safety precautions, and although there 1s n.o prescnbed form, the Association is hoping shortly to issue. a set ?f Model Conditions. Once a licence has been issued, 1t can be transferred to a new occupier of the premises, but it cannot be revoked or amended and for this reason? licences are usually granted for a limited period, afte~ wh.1ch they h.ave to be renewed. The occupier of the premises is respon~1ble for obtaining a licence and for ensunn&, .so far as poss1?Ie, that any employees observe the cond1t1ons that are imposed. A copy of these condition~ ~ust be kept posted up at the premises, and a person failm~ to observe them is also liable to prosecution. Prosec~tions may be brought by licensing authorities under their general power contained in Section 276 of the Local Government Act, 1933.

Cases where no licence is required

I. The act does not apply to Crow~ premi.ses (e.g. military establishments) although Ill practice. Gov~ ernment Departments have their own very st~·1!1gen rules regarding the keeping of petroleum spmt. ~t should be noted that the Act does apply to .t ~ premises of Visiting Forces, such as the U111te States Air Force. 2. No licence is required for keep~ng small qufantiti~~ of petroleum spirit either for pnvate use or or sa so long as (a) The Petroleum Spirit is kept in separate glass, earthenware ·or metal vessels secL!rely stopped and containing not more than l pint each, and (b) The aggregate amount so kept does not exceed 3 gallons.

It should be noted that the other provi_si.ons of ~e Act (e.g. labelling) still apply to petroleum spmt kept without a licence in this way.

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