Petroleum (Consolidation) Act 1928

The Petroleum Act 1871 was still the principal Act controlling the licensing, storage and use of petroleum and petroleum products in the late 1920s. It was recognised that considerable changes had taken place since 1871 in the use of petroleum such as the development of the motor car and the increased use of petrol by the public.^[1] It had also become difficult for local authorities to administer the law as it was distributed over a number of Acts, and partly because the Act of 1871 was seen as not being well drafted and difficulties had arisen over interpretation.^[1]

The original Petroleum Act 1862 defined Petroleum Spirit as a substance that would give off a flammable vapour at less than 100 °F (38 °C). After several changes this was finally revised in 1879 to set a limit of 73 °F (23 °C).^[2]

Before the Petroleum (Consolidation) Act 1928 could be enacted the existing legislation needed to be amended, this was enacted by the Petroleum (Amendment) Act 1928.

Petroleum (Amendment) Act 1928

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to amend the enactments relating to petroleum and to petroleum-spirit.
Citation	18 & 19 Geo. 5. c. 20
Dates
Royal assent	3 August 1928

The Petroleum (Amendment) Act 1928 (18 & 19 Geo. 5. c. 20) comprised four sections. The first dealt with harbours and the definition of a "harbour authority" which had previously been ambiguous.^[1] Section 2 dealt with the making of bylaws for substances other than petroleum, such as calcium carbide. Section 3 dealt with the repeal of section 5 of the Locomotives on Highways Act 1896.^[1] That section was a concession applied to motor cars, which had then been considered to be light locomotives. Petrol had since been used for agricultural machinery, motorboats, stationary engines for electric lighting, and for pumping water.^[1] The Act of 1871 required a licence from the local authority, which was not necessary for these new applications. Section 4 gave canal companies a general power of making by-laws for the transport of petrol. The Petroleum (Amendment) Act 1928 cleared up several pieces of poor legislative draftsmanship, with this and other legislation then incorporated into the consolidated act.^[1]

The Petroleum (Consolidation) Act 1928^[3] received royal assent on 3 August 1928. Its long title is 'An Act to consolidate the enactments relating to petroleum and to petroleum-spirit'.

The Act comprises 26 Sections under nine headings plus three schedules^[3]

• Licences for Keeping Petroleum-Spirit
  • Section 1 Petroleum-spirit not to be kept without a licence
  • Section 2 Provisions as to licences
  • Section 3 Appeals from refusals by local authorities to grant licences
  • Section 4 Fees payable for licences
• Labelling of Vessels containing Petroleum-Spirit
  • Section 5 Provisions as to the labelling of vessels containing petroleum-spirit
• Transport of Petroleum-Spirit
  • Section 6 Regulations as to the conveyance of petroleum-spirit by road
  • Section 7 Byelaws as to ships loading and carrying petroleum-spirit in harbour
  • Section 8 Notice of ships carrying petroleum-spirit to be given on entering harbour
  • Section 9 Byelaws as to loading, conveyance and landing of petroleum-spirit in and upon canals
• Special Provisions as to Keeping, Use and Supply of Petroleum-Spirit for Motor Vehicles
  • Section 10 Regulations as to the keeping and use of petroleum-spirit for purpose of motor vehicles, motor boats, aircraft and engines
  • Section 11 Byelaws as to petroleum filling stations
• Regulations as to special Classes of Petroleum-Spirit
  • Section 12 Regulations as to classes of petroleum-spirit likely to be dangerous or injurious to health
• Accidents in connection with Petroleum-Spirit
  • Section 13 Notice to be given of accidents connected with petroleum-spirit
  • Section 14 Inquiry into accidents connected with petroleum-spirit
  • Section 15 Coroners' inquests on deaths from accidents connected with petroleum-spirit
• Powers of Inspection, &c
  • Section 16  Powers of government inspectors
  • Section 17 Powers of officers of local authorities as to testing petroleum-spirit
  • Section 18 Warrants to search for and seize petroleum-spirit
• Power to apply Act to other Substances
  • Section 19 Power to make Orders in Council applying Act to other substances
• Supplementary
  • Section 20 Provisions as to apparatus for and method of testing petroleum
  • Section 21 Regulations and byelaws to be laid before Parliament
  • Section 22 Confirmation and publication of byelaws
  • Section 23 Interpretation
  • Section 24 Application to Scotland
  • Section 25 Savings
  • Section 26 Short title, extent, repeal and commencement
• Schedules
  • First Schedule – Rates of Fees payable in respect of Licences to keep Petroleum-Spirit
  • Second Schedule – Apparatus to be used and Manner of testing Petroleum therewith so as to ascertain the Temperature at which it will give off Inflammable Vapour
  • Third Schedule – Enactments repealed

The Petroleum (Consolidation) Act 1928 repealed the following statutes:

• The Petroleum Act 1871 (34 & 35 Vict. c. 105)
• The Petroleum Act 1879 (42 & 43 Vict. c. 47)
• The Petroleum Act 1926 (16 & 17 Geo. 5. c. 25)
• The Petroleum (Amendment) Act 1928 (18 & 19 Geo. 5. c. 20)

Section 2 of the Petroleum (Transfer of Licences) Act 1936 (26 Geo. 5. & 1 Edw. 8. c. 27) construed the 1936 Act to be one with the 1928 Act and they could be cited together as the Petroleum (Regulation) Acts 1928 and 1936.

The Petroleum (Regulations) Acts 1928 and 1936 were still in force until 2014.^[2] They were repealed on 1 October 2014 by the Petroleum (Consolidation) Regulations 2014 (SI 2014/1637).

• History of fire safety legislation in the United Kingdom
• Petroleum Acts