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PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - LONG TITLE

An Act to consolidate, as respects Northern Ireland, the enactments
relating to petroleum and petroleum-spirit.{1}
[19th December 1929]
Licences for Keeping Petroleum-SpiritPetroleum-spirit not to be kept
without a licence.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 1

1.(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:

Provided that the foregoing provision shall not apply to any
petroleum-spirit kept either for private use or for sale so long as

(a)it is kept in separate glass, earthenware, or metal vessels,
securely stopped and containing not more than one pint each; and

(b)the aggregate amount kept would not, if the whole contents of
the vessels were in bulk, exceed three gallons.

(2) The occupier of any premises in which petroleum-spirit is kept
in contravention of this section, shall be liable on summary
conviction to a fine not exceeding [#100], and the court before
whom any person is convicted under this sub-section 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.

(3) If any person to whom a petroleum-spirit licence is granted
contravenes any condition of the licence, he shall be liable on
summary conviction to a fine not exceeding [#100].

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 2
Provisions as to licences.

2.(1) The local authority empowered under this Act to grant
petroleum-spirit licences shall be, as respects any... district, the
council thereof:

Provided that

Para.(i) rep. by SRO (NI) 1973/341

(ii)in any harbour within the jurisdiction of a harbour authority,
whether situate or not within the jurisdiction of any local
authority hereinbefore mentioned, the harbour authority shall be the
local authority for granting petroleum-spirit licences to the
exclusion of any other local authority.

(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.

(4) Where conditions to be observed by persons employed are attached
to any petroleum-spirit 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 sub-section, he shall be liable on
summary conviction to a fine not exceeding [#20]; and

(b)if any person pulls down, .... any notice posted in accordance
with the requirements of this sub-section, he shall be liable on
summary conviction to a fine not exceeding [#20]; and

(c)if any person employed contravenes any condition of which notice
has been given in accordance with the requirements of this
sub-section, he shall be liable on summary conviction to a fine not
exceeding [#20].

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 3
Appeals from refusals by local authority to grant licences.

3.(1) If on any application for a petroleum-spirit licence a local
authority refuse to grant the licence, or grant the licence on
conditions with which the applicant is dissatisfied, the local
authority shall, if required by the applicant so to do, deliver to
him a certificate in writing signed by the clerk of the local
authority stating the grounds on which the authority has refused the
licence or attached the conditions, as the case may be, and the
applicant may appeal to the Minister of Home Affairs within ten
days after the receipt of the certificate or within such further
time as the Minister of Home Affairs may allow.

(2) Every appeal to the Minister of Home Affairs under this section
shall be made in writing asking that the licence may be granted
notwithstanding the refusal of the local authority, or that the
conditions may not be attached or may be modified in such manner
and to such extent as may be set forth in the appeal, and shall
be accompanied by the certificate of the local authority given under
the last foregoing sub-section, and on consideration of any such
appeal the Minister of Home Affairs may, if he thinks fit, grant
the licence either without conditions or subject to such conditions
as he thinks proper or may 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, when
certified under the hand of the Minister of Home Affairs, have
effect as if granted by a local authority.

(3) Before exercising his powers under the last foregoing sub-section
with respect to any appeal, the Minister of Home Affairs may, if
he thinks it necessary or desirable, cause an inquiry and report
upon the matter to be made to him by such person as he may
appoint for the purpose.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 4
Fees payable for licences.

4. In respect of every petroleum-spirit licence granted by a local
authority or by the Minister of Home Affairs under this Act, fees
shall be payable to the local authority or to the Minister of Home
Affairs, as the case may be, by the person to whom the licence is
granted, at the rates shown in the scale set out in the First
Schedule to this Act or such lower scale as the Minister of Home
Affairs may, with the consent of the Ministry of Finance, prescribe
by regulations.

Provisions as to the labelling of vessels containing petroleum-spirit.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 5

5.(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 Northern Ireland;
or

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

(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 liable on summary conviction to a fine not exceeding
[#20], 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.

Regulations as to the conveyance of petroleum-

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 6

6.(1) The Minister of Home Affairs may make regulations as to the
conveyance of petroleum-spirit by road and for protecting persons or
property from danger in connection with such conveyance, and in
particular

(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;

(e)for the publication and supply of copies of the regulations;

(f)for adapting, on good cause being shown, the regulations in force
under this section to the circumstances of any particular locality;

(g)for the enforcement of the regulations in any area by the local
authority empowered under this Act to grant petroleum-spirit licences
in that area.

(2) If any person contravenes or attempts to contravene any
regulation made under this section, he shall be liable on summary
conviction to a fine not exceeding [#100], and the court before
whom any person is convicted under this sub-section may order that
the petroleum-spirit in respect of which the offence was committed
and any vessel in which it is contained be forfeited or otherwise
dealt with in such manner as the court thinks fit.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 7
Byelaws as to ships loading and carrying petroleum-

7.(1) It shall be the duty of every harbour authority to make for
the harbour under their jurisdiction byelaws as to the loading of
ships with petroleum-spirit and generally as to the precautions to
be observed with respect to ships carrying petroleum-spirit whilst in
the harbour, and such byelaws shall in particular provide

(a)for regulating the places at which ships are to load or land
petroleum-spirit and the time and mode of, and the precautions to
be taken on, such loading and landing; and

(b)for regulating the places at which ships carrying petroleum-spirit
are to be moored; and

(c)for the due enforcement of the byelaws.

(2) No byelaws made by a harbour authority under the last foregoing
sub-section shall come into force until confirmed by the Ministry of
Commerce, and before submitting any such byelaws to the said
Ministry the harbour authority shall, in such manner as may be
directed by the said Ministry, publish a draft thereof together with
notice of their intention to apply for the confirmation of the
byelaws.

(3) If it appears to the Ministry of Commerce that at any harbour
there are for the time being no byelaws or insufficient byelaws in
force under this section, the said Ministry may by notice require
the harbour authority having jurisdiction in that harbour to make
and submit to the said Ministry byelaws for the purposes of this
section, and if the harbour authority make default in complying with
any such requirement within the time limited by the notice, the
said Ministry may make byelaws which shall have effect as if they
had been made by the harbour authority and confirmed by the said
Ministry.

(4) If it appears to a harbour master or to any person acting
under the orders of a harbour authority that any ship or any
petroleum-spirit is in a place in which it ought not, in accordance
with any such byelaws as aforesaid, to be, he may cause it to be
removed so as to be in conformity with the byelaws, and any
expenses incurred by the harbour authority in connection with any
such removal may be recovered summarily or in the county court as
a debt due from the owner of the ship or of the petroleum-spirit,
as the case may be.

(5) In the event of any contravention of the requirements of any
byelaw in force under this section, the owner and master of any
ship in or in relation to which the contravention occurs, and,
except in the case of a contravention in respect of the mooring of
a ship, the owner of any petroleum-spirit in respect of which the
contravention occurs, shall each be guilty of an offence and shall
be liable on summary conviction thereof to a fine not exceeding
[#100]:

Provided that it shall be a good defence to proceedings for any
such offence to prove

(a)if the proceedings are against the owner or master of a ship
for an offence in respect of the loading or landing of
petroleum-spirit, that all reasonable means were taken by the master
to prevent the commission of the offence, and that the offence was
not caused or facilitated by any act or neglect on the part of
the owner or of any person engaged or employed by the owner or
master; and

(b)if the proceedings are against the owner of petroleum-spirit for
an offence in respect of the loading or landing thereof, or in
respect of any failure to observe precautions required to be
observed with respect to ships carrying petroleum-spirit whilst in
harbour, that the offence was not caused or facilitated by any act
or neglect on his part or on the part of any person engaged or
employed by him.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 8
Notice of ships carrying petroleum-

8. The owner or master of every ship carrying a cargo, any part
of which consists of petroleum-spirit shall, on entering any harbour
within Northern Ireland, give notice of the nature of the cargo to
the harbour authority having jurisdiction over the harbour, and if
such notice is not given, the owner and master of the ship shall
each be guilty of an offence and shall be liable on summary
conviction thereof to a fine not exceeding [#100], or on conviction
thereof on indictment to a fine not exceeding five hundred pounds:

Provided that it shall be a good defence to proceedings for any
such offence to prove that neither the owner nor the master knew
the nature of the goods in respect of which the proceedings are
taken, and that neither of them could, with reasonable diligence,
have obtained such knowledge.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 9
Byelaws as to loading, conveyance and landing of petroleum-

9.(1) Every canal company shall have power to make byelaws
regulating the loading, conveyance and landing of petroleum-spirit in
and upon the canal under their jurisdiction, and as to the
precautions to be observed with respect thereto, and as to the due
enforcement of the byelaws.

(2) No byelaws made under this section shall come into force until
confirmed by the Ministry of Commerce, and before submitting any
such byelaws to the said Ministry, the canal company shall, in such
manner as may be directed by the said Ministry, publish a draft
thereof together with notice of their intention to apply for the
confirmation of the byelaws.

(3) The Ministry of Commerce may confirm any byelaws submitted to
it under this section with or without any modifications, and such
byelaws shall have effect as so confirmed.

(4) If any person contravenes or attempts to contravene any byelaw
made under this section, he shall be liable on summary conviction
to a fine not exceeding [#100].

(5) Section forty of the Railway and Canal Traffic Act, 1888 (which
makes provision as to the byelaws of canal companies) shall not
apply to byelaws made under this section.

Regulations as to the keeping and use of petroleum-

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 10

10.(1) The Minister of Home Affairs may make regulations as to 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, or engines specified in the regulations, and any such
regulations may exempt from the operation of any of the foregoing
provisions of this Act 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) If any person contravenes or attempts to contravene any
regulation made under this section, he shall be liable on summary
conviction to a fine not exceeding [#100], and the court before
whom any person is convicted under this sub-section may order that
the petroleum-spirit, in respect of which the offence was committed,
and any vessel in which it is contained be forfeited or otherwise
dealt with in such manner as the court thinks fit.

S.11 rep. by 1972 NI17 art.110(2) sch.7

Regulations as to classes of petroleum-

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 12

12.(1) If the Minister of Home Affairs is satisfied that any class
of petroleum-spirit is, by reason of the nature thereof or of any
substance mixed therewith, likely to be dangerous or injurious to
health either generally or in the case of any class of persons,
[or that fixed tanks or other fixed containers which have been used
for the storage of petroleum-spirit and which are no longer used
for that purpose, kept on any premises, are likely to be
dangerous,] he may make such regulations as appear to him to be
reasonably practicable and to meet the necessity of the case, and
in particular

(a)for requiring the observance of such precautions as may be
prescribed for the protection of persons employed or engaged in
handling or using petroleum-spirit of that class in connection with
any trade or business; and

(b)for requiring persons selling to the public petroleum-spirit of
that class to give, in such manner as may be prescribed, warning
to purchasers of petroleum-spirit of that class as to the dangers
thereof and the precautions to be observed with respect thereto; and

(c)for prohibiting the sale or use of petroleum-spirit which he may
by order declare to be so dangerous or injurious to health that
precautions for the protection of persons employed or engaged in
handling or using such petroleum-spirit are impracticable; and

(d)for the publication and supply of copies of the regulations; and

(e)for the enforcement of the regulations in any area by the local
authority empowered under this Act to grant petroleum-spirit licences
in that area.

(2) If any person contravenes or attempts to contravene any
regulation made under this section, he shall be liable on summary
conviction to a fine not exceeding twenty pounds for each day on
which the offence occurs or continues, and the court before whom
any person is convicted under this sub-section may order that the
petroleum-spirit, in respect of which the offence was committed, and
any vessel in which it is contained be forfeited or otherwise dealt
with in such manner as the court thinks fit.

Notice to be given of accidents connected with petroleum-

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 13

13.(1) Whenever any accident which occasions loss of life or
personal injury occurs by explosion or by fire in or about or in
connection with any licensed premises, the occupier of the premises
shall, if the explosion or fire involved petroleum-spirit, forthwith
send or cause to be sent to the Minister of Home Affairs notice
of the accident and of the loss of life or personal injury. A
notice of any accident of which notice is sent in pursuance of
this section need not be sent to any inspector of factories.

(2) Where, in, about, or in connection with any ship or vehicle on
which petroleum-spirit is being conveyed, or loaded, or from which
petroleum-spirit is being unloaded, any accident which occasions loss
of life or personal injury occurs by explosion or by fire, the
owner or master of the ship or vehicle shall, if the explosion or
fire involved petroleum-spirit, forthwith send or cause to be sent
to the Minister of Home Affairs notice of the accident and of the
loss of life or personal injury, but this provision shall not apply
where the petroleum-spirit carried or loaded on, or unloaded from,
the ship or vehicle is or was for use only on that ship or
vehicle or in any case in which such notice as aforesaid is
otherwise by law required to be sent to some government department.

(3) Every such occupier, owner, or master as aforesaid who fails to
comply with any of the provisions of this section shall be liable
on summary conviction to a fine not exceeding twenty pounds.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 14
Inquiry into accidents connected with petroleum spirit.

14. The Minister of Home Affairs may direct an inquiry to be made
by a government inspector into the cause of any accident of which
notice is required by this Act to be given to the said Minister,
and where it appears to the said Minister either before or after
the commencement of any such inquiry, that a more formal
investigation of the accident, and of the causes and circumstances
thereof, is expedient, he may by order direct a formal investigation
to be held, and with respect to inquiries and investigations made
or held under this Act the following provisions shall have effect:

(a)the Minister of Home Affairs may, by the same or any subsequent
order, appoint any person or persons possessing legal or special
knowledge to assist the government inspector in holding a formal
investigation, or may direct such county court judge, resident
magistrate appointed under the Constabulary (Ireland) Act, 1836, or
other person or persons as may be named in the order, to hold
such an investigation with the assistance of a government inspector
or any other assessor or assessors named in the order;

(b)the persons holding any formal investigation (in this section
referred to as "the court") shall hold it in open court in such
manner and under such conditions as they think most effectual for
ascertaining the causes and circumstances of the accident, and for
enabling them to make the report in this section mentioned;

(c)the court shall have for the purpose of the investigation all
the powers of a court of summary jurisdiction when acting as a
court in hearing informations for offences against this Act, and
shall have all the powers of a government inspector under this Act,
and in addition the following powers, namely

(i)they may enter and inspect any place or building the entry or
inspection whereof appears to them requisite for the said purpose;

(ii)they may by summons under their hands require the attendance of
all such persons as they think fit to call before them and examine
for the said purpose, and may for the said purpose require to be
furnished to them answers or returns to such inquiries as they
think fit to make;

<(iii)they may require the production of all books, papers, and documents which they consider important for the said purpose;

<(iv)they may administer an oath, and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination;

(d)persons attending as witnesses before the court shall be allowed
such expenses as would be allowed to witnesses attending before a
civil bill court;

(e)if any person without reasonable excuse (proof whereof shall lie
on him) fails, after having had the expenses (if any) to which he
is entitled tendered to him, to comply with any summons or
requisition of a court holding an investigation under this Act, or
prevents or impedes the court in the execution of their duty, he
shall be liable on summary conviction to a fine not exceeding ten
pounds, or, in the case of a failure to comply with a requisition
for furnishing any return or producing any document, not exceeding
ten pounds for every day on which the failure occurs or continues;

(f)the government inspector making an inquiry into any accident and
the court holding an investigation of any accident under this
section shall make a report to the Minister of Home Affairs,
stating the causes of the accident and all the circumstances
attending it, and containing any observations thereon or on the
evidence or on any matters arising out of the inquiry or
investigation which he or they think right to include in the
report, and the said Minister shall cause every report so made to
him to be made public in such manner as he thinks expedient.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 15
Coroners' inquests on deaths from accidents connected with petroleum-

15.(1) Where a coroner holds an inquest upon the body of any
person whose death may have been caused by any accident of which
notice is required by this Act to be given to the Minister of
Home Affairs, the coroner shall adjourn the inquest unless a
government inspector, or some person on behalf of the said Minister,
is present to watch the proceedings:

Provided that, if the accident has not occasioned the death of more
than one person, and the coroner has sent to the Minister of Home
Affairs notice of the time and place of holding the inquest not
less than forty-eight hours before the time of the holding thereof,
it shall not be imperative on him to adjourn the inquest in
pursuance of this section if the majority of the jury think it
unnecessary that he should do so.

(2) The coroner, before the adjournment, may take evidence to
identify the body, and may order the interment thereof.

(3) The coroner, at least four days before holding the adjourned
inquest, shall send to the Minister of Home Affairs notice in
writing of the time and place of holding the adjourned inquest.

(4) A government inspector or person employed on behalf of the
Minister of Home Affairs shall be at liberty at any such inquest
as aforesaid to examine any witness, subject nevertheless to the
order of the coroner on points of law.

(5) Where at any inquest there is given evidence of any neglect
having caused or contributed to an accident, or evidence of there
having been, in or about or in connection with any licensed
premises or any ship or vehicle carrying petroleum-spirit, any defect
that appears to the coroner or jury to require a remedy, the
coroner shall, if no government inspector or person employed on
behalf of the Minister of Home Affairs is present at the inquest,
send to the Minister of Home Affairs notice in writing of the
neglect or defect.

Powers of government inspectors.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 16

16.(1) A government inspector shall have power to make such
examination and inquiry as may be necessary to ascertain whether the
provisions of this Act or of any regulations made thereunder are
complied with, and for that purpose

(a)he may enter, inspect, and examine at all reasonable times by
day any licensed premises, and every part thereof, and any premises
in which any petroleum-spirit is kept, or is suspected by him to
be kept, in contravention of the provisions of this Act or of any
regulations made therunder; and

(b)he may require the occupier of any premises which he is so
entitled to enter, or a person employed therein by the occupier, to
give him samples of any petroleum on the premises.

(2) The occupier of any such premises as aforesaid, his agents and
servants, shall furnish the means required by a government inspector
as being necessary for every such entry, inspection and examination
which he is entitled under this section to make.

(3) If any person fails to permit a government inspector to enter,
inspect or examine as aforesaid, or to comply with any such
requisition of a government inspector as aforesaid, or in any manner
obstructs a government inspector in the execution of his duties,
that person shall be liable on summary conviction to a fine not
exceeding fifty pounds, or on conviction on indictment to a fine
not exceeding one hundred pounds.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 17
Powers of officers of local authorities as to testing petroleum-

17.(1) Any officer authorised by a local authority empowered under
this Act to grant petroleum-spirit licences

(a)may purchase samples of any petroleum from any dealer therein or
from any person who keeps petroleum for the purposes of any trade
or industry, or may on producing a copy of his appointment
purporting to be signed by the clerk of the local authority require
the dealer or other person to show him every place and any vessels
in which petroleum in his possession is kept and to give him
samples of such petroleum on payment of the value thereof; and

(b)may test or cause to be tested at any convenient place and at
such reasonable time as he may appoint any samples so obtained by
him.

(2) Any such officer shall, before testing or causing to be tested
any samples under the last foregoing sub-section, give to the dealer
or other person from whom they were obtained notice in writing of
the place and time at which they are to be tested, and the dealer
or other person or any person appointed by him may be present at
the testing.

(3) If it appears to the person testing any samples of petroleum
obtained under this section that the petroleum is petroleum-spirit,
he may give a certificate in writing to that effect, and a
certificate so given shall be received in evidence in any
proceedings under this Act against the person from whom the samples
were obtained, so, however, that if, after hearing any evidence
given by or on behalf of that person, the court before which the
proceedings are taken is not satisfied as to the correctness of the
certificate, the court may appoint some person skilled in testing
petroleum to test the samples to which the certificate relates and
to report whether the certificate is correct or not.

(4) Any expenses incurred in testing any samples of petroleum under
this section shall, if the person from whom the samples were
obtained is convicted of keeping, sending, conveying, selling, or
exposing or offering for sale petroleum-spirit in contravention of
this Act, be paid by that person, and shall be recoverable as part
of the costs of the proceedings against him, but in every other
case shall be paid by the local authority.

(5) If any dealer in petroleum or person who keeps petroleum for
the purposes of any trade or industry, by himself or by anyone in
his employ or acting by his direction or with his consent, refuses
to show to an officer authorised by the local authority any place
or vessel in which petroleum in his possession is kept, or to give
to such an officer such assistance as he may require for examining
any such place or vessel, or to give him samples of such petroleum
on payment of the value thereof, or wilfully obstructs the local
authority or any officer thereof acting in the execution of this
Act, that dealer or other person shall be liable on summary
conviction to a fine not exceeding twenty pounds.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 18
Warrants to search for and seize petroleum-

18.(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; and 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, the first-mentioned person shall be liable on summary
conviction to a fine not exceeding twenty pounds and may be ordered
by the court to forfeit any petroleum-spirit which is found in his
possession or under his control with or without any vessel in which
it is contained.

Power to make Orders in Council applying Act to other substances.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 19

19.(1) The Governor of Northern Ireland may by Order in Council
apply to any substance any of the provisions of this Act specified
in the Order, with such modifications, if any, as may seem to the
said Governor to be desirable having regard to the nature of the
substance to which the Order relates.

(2) While any Order in Council relating to any substance is in
force under this section, the provisions of this Act thereby applied
shall have effect as if the substance were included in the
definition of petroleum-spirit, but subject to such modifications, if
any, as may be provided by the Order.

(3) Any Order in Council made under this section may be varied or
revoked by any subsequent Order.

Provisions as to apparatus for and method of testing petroleum.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 20

20.(1) The Ministry of Commerce shall, on payment of such fee,...,
as the said Ministry may from time to time prescribe, cause every
apparatus, constructed in accordance with the specification contained
in Part I of the Second Schedule to this Act or with that
contained in the First Schedule to the Petroleum Act, 1879, which
is submitted to the said Ministry for the purpose to be compared
with the appropriate model deposited as provided by this
sub-section,..., and shall stamp or cause to be stamped with a mark
approved by the said Ministry and notified in the Belfast 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 Petroleum Act, 1879, shall
after the expiration of a period of two years from the sixteenth
day of April, nineteen hundred and twenty-nine, be so..., stamped
unless it has been previously... stamped before the expiration of
that period.

A model of the test apparatus described in Part I of the Second
Schedule to this Act, and (so long as the same is necessary for
the purposes of this sub-section) a model of the test apparatus
described in the First Schedule to the Petroleum Act, 1879, shall
be deposited with the Ministry of Commerce. Provided that, until a
model, as described in either such Schedule, is so deposited,
apparatus for testing petroleum which has been stamped after
comparison with a model corresponding to such description, and
deposited at the Standards Department of the Board of Trade, shall
be deemed to have been duly... stamped by the Ministry of Commerce
in accordance with the provisions of this sub-section.

(2) No apparatus for testing petroleum stamped in accordance with
the provisions of section three of the Petroleum Act, 1879, or of
this section shall be deemed to have been [found correct] unless

(a)it has been stamped either by the Board of Trade or the
Ministry of Commerce within ten years; and

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

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

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 21
Laying of regulations before Parliament.

21. All regulations made by the Minister of Home Affairs 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 the
Governor of Northern Ireland by either House of Parliament within
the statutory period next after any such regulation is laid before
it, praying that the regulation 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.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 22
Publication of certain byelaws.

22. Any byelaws confirmed by the Ministry of Commerce under this
Act shall be published by the authority by whom they were submitted
in such manner as the said Ministry may direct.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 23
Interpretation.

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

"Amenities" in relation to any place, includes any view of or from
that place:

"Canal" and "canal company" have respectively the same meanings as
in the Regulation of Railways Act, 1873:

"Clerk" includes secretary:

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

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

"Government inspector" means a government inspector under the
Explosives Act, 1875:

"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:

"I.W.G." means the denominations of standards approved by Order in
Council made under the Weights 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:

"Minister of Home Affairs" means the Minister of Home Affairs for
Northern Ireland:

"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 filling station" means any premises or place used or
intended to be used by way of trade or for purposes of gain for
fuelling motor vehicles with petroleum, and includes any building,
advertisement, pump or other apparatus in, or used in connection
with, any such premises:

"Petroleum-spirit" means such petroleum as when tested in the manner
set forth in Part II of the Second Schedule to this Act gives off
an inflammable vapour at a temperature of less than seventy-three
degrees Fahrenheit:

"Petroleum-spirit licence" means a licence authorising the keeping of
petroleum-spirit granted by a local authority empowered under this
Act to grant such a licence or by the Minister of Home Affairs:

"Ship" includes every description of vessel used in navigation,
whether propelled by oars or otherwise:

"Statutory period" means ...

definition in 1954 c.33 (NI) s.41(2) substituted by 1979 NI12 art.10

Subs.(2) rep. by 1954 c.33 (NI) s.48(1) sch.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 24
Savings.

24.(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.

PETROLEUM (CONSOLIDATION) ACT (NORTHERN IRELAND) 1929 - SECT 25
Short title and repeal.

25.(1) This Act may be cited as the Petroleum (Consolidation) Act
(Northern Ireland), 1929.

(2) The enactments set out in the Third Schedule to this Act are
hereby repealed to the extent specified in the third column of that
Schedule:

Provided that

(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 references in this Act to any appointment, byelaw,
regulation, order, licence, certificate, warrant or proceedings shall
have effect accordingly;

(b)any byelaws made by a harbour authority as defined by this Act
with respect to the landing of petroleum-spirit, being byelaws which
under sub-section (2) of section six of the Petroleum (Amendment)
Act (Northern Ireland), 1929, applied with the necessary modifications
to the loading of ships with such spirit, shall, until revoked,
continue so to apply;

(c)any regulations made under section five of the Locomotives on
Highways Act, 1896, and continued in force by sub-section (4) of
section twenty of the Petroleum (Amendment) Act (Northern Ireland),
1929, shall have effect as if made under section ten of this Act,
and in so far as any such regulations relate to any substance
other than petroleum-spirit, section ten of this Act shall be deemed
to have been applied to that substance under section nineteen of
this Act;

(d)any Order in Council made under section fourteen of the Petroleum
Act, 1871, and continued in force by sub-section (4) of section
sixteen of the Petroleum (Amendment) Act (Northern Ireland), 1929,
shall have effect as if made under section nineteen of this Act;

(e)any licence granted under section eight of the Petroleum Act,
1871, by any justices in petty sessions or by the commissioners of
a town not being an urban district, and continued in force by
section seventeen of the Petroleum (Amendment) Act (Northern Ireland),
1929, shall have effect as if it had been granted by the local
authority empowered under this Act to grant petroleum-spirit licences;

(f)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.

(3) The mention of particular matters in this section shall not be
held to prejudice or affect the general application of section
thirty-eight of the Interpretation Act, 1889, with regard to the
effect of repeals.

Subs.(4) rep. by SLR (NI) 1952

Section 4.

notexceeding100gallons <<1.00

exceeding <<100gallons,notexceeding<<500gallons <<2.00

,, <<500,,,,,,<1,000,,<<3.00

,, <1,000,,,,,,<5,000,,<<4.00

,, <5,000,,,,,,10,000,,<<8.00

,,10,000,,,,,,20,000,, <12.00

,,20,000,,,,,,50,000,, <16.00

,,50,000,, <20.00

Note.In the case of a solid substance for which, by virtue of an
Order in Council made (or having effect as if made) under section
nineteen of this Act, a licence is required to be granted, the fee
payable under this schedule shall be calculated as if ten pounds
weight of the substance were equivalent to one gallon.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.

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.

cup <

edge of cup <

The cup is provided with a close-fitting cover with a downward
projecting rim barely reaching the flange on 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 side 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.

rection of slide) <

direction of slide) <

To suit the

requirements for

the position of

jet when tilted.

Internal diameter <

Length of short side measured

from under surface of cover

Length of long side measured

from under surface of cover

centre of cover measured on the

underside <

the correct placing of the

thermometer when in position.

thermometer below centre of

underside of cover <

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.

attachment of blades <

collar <

end of thread <

not allocated5not allocated16eec0.01e

rotation with no appreciable vertical

play when screwed home <

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.

Thickness <

Internal Diameter <

Internal depth <

Thickness, not less than <

Internal diameter <

Internal depth <

Thickness not less than <

Outer flange projection <

Diameter of central hole <

fibre ring.

Clearance not

to exceed 0.1e.

Internal diameter <

External diameter of flange <

Overall depth of spigot <

Thickness, flange and spigot <

Screws, C.S. <

Internal diameter <

Height from top of plate <

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 outer jacket 6.5 inches c 0.1 inches.

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

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

Mercury in glass, nitrogen filled, graduated on the stem, enamel
back.

Approximately 9 inches.

Diameter 0.24 inches to 0.28 inches.

Spherical: made of a normal glass approved by the Ministry of
Commerce.

Diameter, 0.35 inches c 0.05 inches.

50 degrees Fahrenheit to 150 degrees Fahrenheit with expansion
chamber. Distance from the bottom of the bulb to the 50 degree
line 2.75 inches to 3.15 inches. Distance from the 50 degree line
to the 150 degree line not less than 4.75 inches.

A swelling is made in the stem to ensure that the thermometer
shall be fixed in its brass collar so that the distance from the
top of the collar to the bottom of the bulb is 2.4 inches c 0.05
inches.

Scale graduated in 1 degree Fahrenheit divisions. Every fifth degree
and tenth degree to be indicated by longer lines. Figured at every
tenth degree in full.

"Abel Oil Cup": Identification number: "Fahrenheit": Maker's or
Vendor's name or trade mark.

Mercury in glass, nitrogen filled, graduated on the stem, enamel
back.

Approximately 9 inches.

Diameter, 0.24 inches to 0.28 inches.

Cylindrical: made of a normal glass approved by the Ministry of
Commerce. Length approximately 0.8 inches. Diameter not to exceed the
diameter of the stem.

90 degrees Fahrenheit to 190 degrees Fahrenheit with expansion
chamber. Distance from the bottom of the bulb to the 90 degree
line 3.95 inches to 4.35 inches. Distance from the 90 degree line
to the 190 degree line not less than 3.55 inches.

A swelling is made in the stem to ensure that the thermometer
shall be fixed in its brass collar so that the distance from the
top of the collar to the bottom of the bulb is 3.5 inches c 0.1
inches.

Scale graduated in 1 degree Fahrenheit divisions. Every fifth degree
and tenth degree to be indicated by longer lines. Figured at every
tenth degree in full.

"Abel Water Bath": Identification number: "Fahrenheit": Maker's or
Vendor's name or trade mark.

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

Outside diameter

push fit in socket.

Thickness of tube

22 I.W.G.

Thickness of flange

0.1 inches c 0.001 inches.

1. For 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 Petroleum Act, 1879, and [found
correct] and stamped by the Board of Trade or the Ministry of
Commerce.

2. The test apparatus shall be placed for use in a position where
it is not exposed to currents of air or draughts.

3. The 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 degrees 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.

4. If 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.

5. The 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 a 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.

6. The 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.

Third Schedule rep. by SLR (NI) 1952