Petroleum (Jersey)
Law 1984[1]
A LAW to regulate the keeping,
storage, conveyance, handling and use of petroleum-spirit and other substances
and for purposes connected therewith
Commencement
[see
endnotes]
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“contravention” includes, in relation to any provision,
a failure to comply with that provision, and the expression “contravene”
shall be construed accordingly;
“hovercraft” means a vehicle which is designed to be
supported when in motion wholly or partly by air expelled from the vehicle to
form a cushion of which the boundaries include the ground, water or other
surface beneath the vehicle;
“inspector” means a person so appointed by the Minister
for the purpose of this Law;
“licence” means a licence granted by the Minister under
this Law authorizing the keeping of petroleum-spirit;
“licensed premises” means any premises in respect of
which a licence is for the time being in force;
“Minister” means the Minister
for Justice and Home Affairs;
“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;
“petroleum-spirit” has the same meaning as in
Section 23 of the Petroleum (Consolidation) Act 1928 of the United
Kingdom;[2]
(2) Unless the context
otherwise requires, references in this Law to any enactment (including an Act
of Parliament of the United Kingdom) include references to that enactment as
amended, extended or applied by or under any other enactment and to any
enactment repealing and re-enacting that enactment with or without further
amendment.
(3) The States may by
Regulations amend the definition “petroleum spirit”.[3]
2 Petroleum-spirit not to be kept without a licence
(1) Subject to the
provisions of this Law, petroleum-spirit shall not be kept unless a licence is
in force authorizing the keeping thereof and the petroleum-spirit is kept in
accordance with the terms of the licence:
Provided that the provisions of this paragraph shall not apply to
any petroleum-spirit which is kept in suitable vessels, securely stopped and of
which the aggregate amount kept does not exceed 25 litres.
(2) The occupier of any
premises in which petroleum-spirit is kept in contravention of this Article
shall be liable to a fine of level 3 on the standard scale for every day on
which the contravention occurs or continues, and the Court before whom any person
is convicted under this paragraph may order that the petroleum-spirit in
respect of which the contravention occurs and any vessel in which it is
contained be forfeited or otherwise dealt with in such manner as the court
thinks fit.[4]
(3) If any person to whom a
licence is granted contravenes any condition of the licence, the person shall
be liable to a fine of level 3 on the standard scale.[5]
3 Provisions as to licences
(1) The Minister may, on
application being made in such form as the Minister may require, on payment of
any prescribed fee, grant a licence authorizing the keeping of
petroleum-spirit.
(2) A licence shall be in
such form, and be in force for such time, and subject to such provisions as to
renewal, as the Minister may determine.
(3) The Minister may by
Order prescribe the fees payable on the grant or renewal of a licence.
(4) The Minister may attach
to a licence such conditions as the Minister thinks fit 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.
(5) Subject to the
provisions of this Law, the Minister may at any time where the Minister
considers it right and proper to do so cancel a licence or vary any conditions
attached to such licence.
(6) Where conditions to be
observed by persons employed are attached to any licence, the occupier of the
premises to which the licence relates shall cause to be kept posted on the
premises, in such form and in such position as to be easily read by the persons
employed on the premises, a notice setting out those conditions,
and –
(a) if
the occupier of any premises fails to comply with the foregoing requirements of
this paragraph the occupier shall be liable to a fine not exceeding level 2 on
the standard scale;
(b) if
any person pulls down, injures, or defaces any notice posted in accordance with
the requirements of this paragraph, the person shall be liable to a fine not
exceeding level 2 on the standard scale; and
(c) if
any person employed contravenes any condition of which notice has been given in
accordance with the requirements of this paragraph, the person shall be liable
to a fine not exceeding level 2 on the standard scale.[6]
4 Notice of refusal, cancellation, etc. of licence
(1) The Minister shall
not –
(a) refuse
an application for the grant or renewal of a licence;
(b) attach
any condition to such a licence, other than a condition attached on the grant
or renewal of the licence, or vary any such condition; or
(c) cancel
a licence,
unless the Minister has given to the applicant or the holder of the
licence, as the case may be, not less than 7 days notice in writing of the
intention so to do and the reasons for so doing, and every such notice shall
state that if, within the period of such notice, the applicant or the holder of
the licence informs the Minister in writing that the applicant or the holder of
the licence desires to do so, the Minister, before refusing or cancelling the
licence or attaching or varying the condition, will afford the applicant or the
holder of the licence an opportunity of being heard in person or by a
representative, against such refusal or cancellation or the attachment to the
licence of such condition.
(2) If, after affording an
applicant or a holder of a licence, as the case may be, an opportunity of being
heard, the Minister decides to refuse the application, to attach or vary the
condition, or to cancel the licence, notice in writing shall be given to the
applicant or holder of the licence as aforesaid and, if so requested in writing
by the applicant or holder of the licence, the Minister shall, within 7 days
of receiving such a request give to the applicant or holder of the licence a
statement in writing of the reasons for the decision.
5 Right of appeal
(1) Any person aggrieved
by –
(a) the
refusal of an application for a licence or for the renewal of a licence;
(b) the
attachment of any condition to a licence or the variation of any condition
attached to a licence; or
(c) the
cancellation of a licence,
may, within the 28 days next following the day on which notice
of the decision of the Minister was given to the person under Article 4(2)
or, in the case of a condition attached on the grant or renewal of a licence,
within 28 days next following the day on which the person was notified of
the grant or renewal of the licence, appeal to the Inferior Number of the Royal
Court, in term or in vacation, on the ground that the decision of the Minister
was unreasonable having regard to all the circumstances of the case, and the
decision of the Inferior Number of the Royal Court shall be final and without
further appeal, but without prejudice to the right of the Inferior Number to
refer the matter to the Superior Number of the Royal Court.
(2) If any person appeals
against the cancellation of a licence or against a condition attaching to a
licence, the cancellation of the licence, or, as the case may be, the condition
attached, shall not take effect until the appeal is abandoned or determined.
6 Provisions as to labelling
(1) Subject to the
provisions of this Article, where any petroleum-spirit –
(a) is
kept at any place;
(b) is
sent or conveyed between any places in Jersey; 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 Flammable”:
Provided that, for the purposes of this paragraph, petroleum-spirit
carried in the fuel tank of any motor vehicle, ship, aircraft or hovercraft and
intended to be used only for the purposes thereof shall not be deemed to be
sent or conveyed.
(2) Any person who keeps,
sends, conveys, sells, or exposes or offers for sale any petroleum-spirit in
contravention of this Article shall be liable to a fine not exceeding level 2
on the standard scale, and the court before whom any person is convicted in
respect of any such contravention may order that the petroleum-spirit in
respect of which the contravention occurs and any vessel in which it is
contained be forfeited or otherwise dealt with in such manner as the court
thinks fit.[7]
7 Conveyance of petroleum-spirit by road
(1) The States may by Regulations
make provision for the conveyance of petroleum-spirit by road and for
protecting persons or property from danger in connection with such conveyance and,
without prejudice to the generality of the foregoing provisions of this Article,
may make provision –
(a) for
regulating the description and construction of vehicles to be used in the
conveyance of petroleum-spirit by road;
(b) for
prohibiting or subjecting to conditions and restrictions the conveyance by road
of petroleum-spirit with any explosive, or with any articles or substances, or
in passenger vehicles;
(c) for
prescribing the quantity of petroleum-spirit which may be conveyed at one time
or in one vehicle;
(d) for
prescribing the precautions to be observed in the conveyance of
petroleum-spirit by road, and in loading and unloading vehicles used in such
conveyance, and the time during which the petroleum-spirit may be kept during
such conveyance, loading and unloading as aforesaid.
(1A) Regulations made under this Article
may make provision for, or in respect of, exemption from those Regulations,
including provision for the Minister to make Orders for, or in respect of,
exemption from those Regulations.[8]
(2) Any person who
contravenes or attempts to contravene the provisions of any Regulations made
under this Article shall be liable to a fine of level 3 on the standard scale.[9]
8 Provisions as to keeping and use of petroleum-spirit for the purpose
of motor vehicles, motor boats, aircraft, hovercraft and engines
(1) The States may by Regulations
make provision for the keeping and use of petroleum-spirit by persons intending
to use it for the purpose of any class of motor vehicles, motor boats, aircraft,
hovercraft or engines specified in the Regulations, and any such Regulations
may exempt from any of the foregoing provisions of this Law the keeping and use
of petroleum-spirit by persons intending to use it for the purpose of any such
class as aforesaid to which the Regulations apply.
(2) Any person who
contravenes the provisions of any Regulations made under this Article shall be
liable to a fine of level 3 on the standard scale.[10]
9 Powers of entry and inspection
(1) An inspector shall have
power, on production if so required of evidence of the inspector’s
authority, to make such examination and inquiry as the inspector may think
necessary to ascertain whether the provisions of this Law or of any Regulations
made thereunder are complied with, and for that purpose the inspector
may –
(a) enter,
inspect and examine at all reasonable times any licensed premises and every part
thereof, and any premises in which any petroleum-spirit is kept, or is
suspected by the inspector to be kept, in contravention of the provisions of
this Law or of any Regulations made thereunder;
(b) require
the occupier of any premises which the inspector is so entitled to enter, or a person
employed therein by the occupier, to give the inspector samples of any
petroleum on the premises;
(c) test
or cause to be tested any samples so obtained by the inspector.
(2) The occupier of any
such premises as aforesaid, and any servant or agent of the occupier shall
render to an inspector all such assistance as the inspector may think necessary
for the purposes of any entry or examination which the inspector is entitled
under this Article to make.
(3) Any person
who –
(a) fails
to permit an inspector to enter and examine any premises as aforesaid;
(b) fails
or refuses to render to an inspector such assistance as may be necessary for
the purposes of an entry or examination; or
(c) otherwise
obstructs an inspector in the execution of the inspector’s duties,
shall be guilty of an offence and shall be liable to a fine not
exceeding level 2 on the standard scale.[11]
10 Application of this Law to other substances
(1) The States may by Regulations
apply to any other substance any of the provisions of this Law specified in the
Regulations, with such modifications, if any, as may be so specified.
(2) Where any Regulations
relating to any other substance are in force under this Article, the provisions
of this Law thereby applied shall have effect as if that other substance were
included in the definition of petroleum-spirit in Article 1, but subject
to such modifications, if any, as may be provided by the Regulations.
11 Regulations and
Orders[12]
A power to make Regulations or Orders under this Law, or a power to
make Orders under Regulations under this Law, may be exercised –
(a) either in relation to
all cases to which the power extends, or in relation to all those cases subject
to specified exceptions, or in relation to any specified cases or classes of
case; and
(b) so as to make, as
respects the cases in relation to which it is exercised –
(i) the
full provision to which the power extends or any lesser provision (whether by
way of exception or otherwise),
(ii) the
same provision for all cases in relation to which the power is exercised, or
different provision for different cases or classes of case, or different
provision as respects the same case or class of case for different purposes of
the Regulations or Orders,
(iii) any
such provision either unconditionally or subject to any specified condition.
12 Citation
This Law may be cited as the Petroleum (Jersey) Law 1984.