Environment (Miscellaneous Provisions) Act 2015

Amendment of section 53 of Act of 1987

26. Section 53 of the Act of 1987 is amended by—

(a) in subsection (1) —

(i) the substitution of “Minister following such consultation with the Agency as he or she considers necessary,” for “Minister,”,

(ii) in paragraph (c), the substitution of “placing on the market, distribution, storage or sale”, for “placing on the market, distribution or sale”, and

(iii) the insertion of the following paragraph after paragraph (c):

“(ca) the requirement for a specified person or persons of a class carrying on a specified fuel activity or class of fuel activity to register on the fuels register;”,

(b) in subsection (2)(a), the substitution of “sale, distribution, storage, use” for “sale, distribution, use”,

(c) the insertion of the following subsection after subsection (2):

“(3) Without prejudice to the generality of subsection (1)(ca), regulations relating to the fuels register may—

(a) prohibit the carrying on of a specified fuel activity or class of fuel activity by a specified person or person of a class unless the person is registered on the fuels register;

(b) specify conditions to be satisfied by a specified person or person falling within a class of persons carrying on a specified fuel activity before being entered on the fuels register including conditions relating to—

(i) the information to be furnished to the Agency,

(ii) the nature, scale or location of the fuel activity being carried on, and

(iii) the suitability for purpose of premises or vehicle where specified fuel activity is carried on,

(c) provide for the fee to accompany an application under section 22A(2) to be entered on the fuels register, and

(d) provide for conditions attaching to continued registration on the fuels register including conditions relating to—

(i) the period of time for which registration shall have effect,

(ii) the nature, scale or location of the fuel activity to which the registration relates,

(iii) the notification of the Agency of any change to the nature, scale or location of fuel activity being carried on or to the premises or vehicle concerned, and

(iv) the display of the registration number issued by the Agency under section 22E or other information or its production to specified persons.”.