The Motor Fuel (Composition and Content) (Amendment) (Northern Ireland) Regulations 2022
| Jurisdiction | UK Non-devolved |
2022 No. 1082
Public Health, Northern Ireland
The Motor Fuel (Composition and Content) (Amendment) (Northern Ireland) Regulations 2022
Made 24th October 2022
Coming into force 1st November 2022
The Secretary of State, in exercise of the powers conferred by sections 30(1) and (3), 32(1) and 63(1) of the Clean Air Act 19931, makes the following Regulations.
In accordance with section 30(2) of the Clean Air Act 1993, the Secretary of State has consulted such persons as appeared to the Secretary of State to represent manufacturers and users of motor vehicles, and to represent the producers and users of fuel for motor vehicles, and to be conversant with the problems of air pollution, as the Secretary of State considers appropriate.
In accordance with paragraph 13(1) of Schedule 8 to the European Union (Withdrawal) Act 20182, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Motor Fuel (Composition and Content) (Amendment) (Northern Ireland) Regulations 2022 and come into force on 1st November 2022.
(2) These Regulations extend to Northern Ireland only.
Amendments to the Motor Fuel (Composition and Content) Regulations 1999
2. The Motor Fuel (Composition and Content) Regulations 19993are amended in accordance with regulations 3 to 7.
Amendments to regulation 2
3. In regulation 24—
(a) at the appropriate places, insert—
“
“blending facility” means a facility, that is not a refinery, where motor fuel is blended with ethanol or FAME;
”;
“
“FAME” means fatty acid methyl ester;
”;
“
“premium 95 grade petrol” means petrol that has a research octane number of at least 95 but less than 97 measured in accordance with the test method specified in Annex 1 of the Directive;
”;
(b) in the definition of “distribute”, in paragraph (b), after “refinery” insert “or from a blending facility”.
Amendments to regulation 3
4. In regulation 35—
(a) in paragraph (5)—
(i) omit “before 1st January 2017”;
(ii) for “3” substitute “1”;
(b) after paragraph (7) insert—
“
8 Premium 95 grade petrol will not comply with a specified requirement unless, in addition to the requirements of paragraph (2) or (3), it has a minimum ethanol content of 5.5% by volume measured in accordance with the test method specified in Annex 1 of the Directive.
Amendment to regulation 4
5. In regulation 46, in paragraph (2), after sub-paragraph (b) insert—
“
,
except where petrol is distributed from a blending facility in which case the period begins on 16th May
Amendment to regulation 5
6. In regulation 57, after paragraph (1) insert—
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1A Paragraph (1) does not apply to premium 95 grade petrol which is sold during the period beginning on 1st November 2022 and ending on 1st January 2023 if that petrol complies with the winter petrol requirement, except for the minimum ethanol content specified in regulation 3(8).
Amendments to regulation 6
7. In regulation 68—
(a) omit paragraph (4);
(b) after paragraph (6) insert—
“
7 Where, as a consequence of any issue occurring at a refinery or at a blending facility, there is a shortage of premium 95 grade petrol that has the required minimum ethanol content then, notwithstanding regulation 4(1) and (2), a person may, during the periods specified in paragraph (8), distribute premium 95 grade petrol which except for the required minimum ethanol content complies with specified requirements.
8 The periods specified for the purposes of paragraph (7) are—
(a) the relevant period, and
(b) any period for which consent is given under paragraph (11).
9 A person must, within 2 working days beginning with the date on which the relevant period begins, notify the Secretary of State that they are distributing, or will distribute, premium 95 grade petrol pursuant to paragraph (7) and the notification must also provide—
(a) details of the issue referred to in paragraph (7) and the date on which it first occurred,
(b) the name and address of the refinery or blending facility at which the issue occurred, and
(c) information on any steps that are being taken to address the issue.
10 A person may, at the same time as they notify the Secretary of State under paragraph (9), request the Secretary of State’s consent to distribute premium 95 grade petrol pursuant to paragraph (7) for longer than the relevant period.
11 The Secretary of State may consent to the request referred to in paragraph (10) if the Secretary of State considers that, at the end of the relevant period, the issue referred to in paragraph (7) is unlikely to be resolved.
12 A person who distributes petrol pursuant to paragraph (7) must, before the end of the period of 30 days beginning with the date on which the relevant period ends or, where consent is given under paragraph (11) to distribute for a longer period, beginning with the date on which that period ends, provide the Secretary of State with details of the measures that have been taken to prevent a reoccurrence of the issue mentioned in paragraph (7).
13 A person must not distribute premium 95 grade petrol pursuant to paragraph (7) more than 3 times in any 12 month period as a consequence of an issue occurring at the same refinery or blending facility.
14 Notwithstanding regulation 4(1) and (2), a person may, with the Secretary of State’s consent, distribute premium 95 grade petrol which, except for the required minimum ethanol content, complies with specified requirements, from premises where...
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