The Marketing of Gas Oil (Sulphur Content) Regulations 1994

• Citation: S.I. 1994/2249
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Marketing of Gas Oil (Sulphur Content) Regulations 1994 and shall come into force on 1st October 1994.

(2) In these Regulations “the Directive” means Council Directive 93/12/ EEC .

(3) Words used in these Regulations which are also used in the Directive have the same meaning as in the Directive.

Section 2 Prohibition on marketing gas oil with excessive sulphur content

(1) Subject to paragraph (2) below, any person who markets gas oil whose sulphur content exceeds 0.2% by weight shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2) Paragraph (1) above shall not apply to—

(a) gas oil to which Article 1(2) of the Directive applies (gas oil contained in the fuel tanks of vessels, aircraft or motor vehicles crossing a frontier between a third country and a Member State, or gas oil intended for processing prior to final combustion);

(b) gas oil which is referred to in Article 2(1) of the Directive, or used for purposes referred to in that paragraph (fuels for certain road vehicles); or

(c) aviation kerosene.

Section 3 Sampling of gas oil placed on the market

(1) A local authority shall for the purposes of these Regulations check by sampling the sulphur content of gas oil which is placed on the market in its area.

(2) The method adopted for determining the sulphur content of gas oil for the purposes of these regulations shall be that defined by ISO method 8754 .

(3) The statistical interpretation of the results of the checks carried out in accordance with paragraph (1) above shall be made in accordance with ISO standard 4259 (1979 edition) .

(4) Section 56 to 58 of the Clean Air Act 1993 (powers of entry etc. ) shall apply for the purposes of this regulation as if it were a provision of Part IV of that Act, and as if, in relation to Northern Ireland, any reference to a local authority were a reference to a district council.

(5) In this regulation, “local authority” means—

(a) in England and Wales, the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple;

(b) in Scotland, an islands or district council;

(c) in Northern Ireland, a district council.

Section 4 Revocation

The following regulations are hereby revoked—

(a) the Oil Fuel (Sulphur Content of Gas Oil) Regulations 1990 ); and

(b) the Oil Fuel (Sulphur Content of Gas Oil) Regulations (Northern Ireland) 1991 .