Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations, 1988.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations, 1988.
(2) These Regulations shall come into operation on the 1st day of December, 1988.
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paragraphs: In these Regulations—
"the Principal Regulations" means the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979 ( S.I. No. 311 of 1979 ).
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paragraphs: The Principal Regulations are hereby amended by—
( a ) the substitution in Regulation 2 (1) of the following definition for the definition of "competent person":
"competent person" means a person possessing adequate knowledge, training and ability to perform his duties or work in such a manner as to prevent, so far as practicable, the risk of injury;
( b ) the insertion in Regulation 2 (1) after the definition of "licence" of the following definition:
"licensee" means a person having a licence under the Act and is hereby deemed to include any person required to have a licence (whether or not a person in fact holds a licence) in respect of any retail store or a private store for the storage of petroleum Class 1 at such store;
( c ) the substitution in Regulation 2 (1) of the following definition for the definition of "underground storage tank":
"underground storage tank" means for the purposes of these Regulations, an underground storage tank located below the surface of the ground at a retail store or a private store and used, subject to Regulation 9 of these Regulations, for the storage of petroleum Class 1;
( d ) the substitution for paragraph (1) of Regulation 3 of the following paragraph:
"(1) Subject to Regulation 4 of these Regulations, Part II, other than Regulation 10(2) of these Regulations, applies to a retail store or private store licensed or required to be licensed under section 21(1) of the Act for the storage of petroleum Class 1.";
( e ) the insertion in Regulation 3 of the following paragraph:
"(4) The Minister may, subject to such conditions as may be specified therein, by certificate in writing (which said certificate he may revoke at any time) exempt from all or any of the provisions of these Regulations any consignor, carrier, driver or other person named in the certificate where he is satisfied that the requirements in respect of which the exemption is granted are not necessary for the protection of persons or property.";
( f ) the substitution for Regulation 4 of the following Regulation:
"(1) Where a licensing authority is satisfied, in relation to any retail store or any private store used for the keeping of petroleum Class 1, immediately before the commencement of these Regulations, that—
(i) such store cannot at reasonable expense be made to comply with the requirements of Regulations 12(2), 15(1), 15(2), 31(2) to 31(7), 32 to 44 of these Regulations, or
(ii) all reasonably practicable steps have been taken in relation to that store to ensure a standard of protection approximating to that required under the Regulations specified in sub-paragraph (i) of this paragraph against risk of injury caused by petroleum Class 1, or
(iii) works, alterations or additions which would enable such store to comply with the Regulations specified in sub-paragraph (i) of this paragraph will be carried out within a specified period and a written undertaking to that effect has been given by the applicant for a licence to the licensing authority,
the licensing authority may issue a licence subject to such conditions (including conditions relating to those works, alternations or additions) as it considers necessary to attach to the licence and specify in the licence.
(2) Paragraph (1) (i) of this Regulation shall apply from the 1st day of December, 1988, to 31st December, 1999.
(3) Where a licensing authority considers that the risk of injury is so serious that the use of a retail or private store or part thereof should be restricted or should be prohibited until specific measures have been taken to reduce the risk to a reasonable level the provisions of paragraph (1)(i) of this Regulation shall not apply.