Regulation 8 Amendments to regulation 6

omit paragraph (4);

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 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 the 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 it—

(a)

is not technically feasible to blend ethanol with petrol in commercial volumes, and

(b)

was not technically feasible to do so during the previous calendar year,

and for the purpose of this paragraph, distribute includes distribution from those premises.

(15)

An application for the Secretary of State’s consent to distribute petrol pursuant to paragraph (14) must include—

(a)

the applicant’s full name,

(b)

the name and address of the premises from which the petrol will be distributed, and

(c)

a declaration by the applicant that the matters mentioned in paragraph (14)(a) and (b) apply.

(16)

On a first application made under paragraph (15), the Secretary of State may give consent for a person to distribute petrol pursuant to paragraph (14) for a period of 2 years.

(17)

On subsequent applications made under paragraph (15), the Secretary of State may, after consulting with such persons as the Secretary of State considers appropriate, give consent for a person to distribute petrol pursuant to paragraph (14) for a period of up to 2 years at a time.

(18)

Notwithstanding regulation 4(1) and (2), a person may distribute premium 95 grade petrol which, except for the required minimum ethanol content, complies with specified requirements, to a filling station mentioned in paragraph (19)(a) or (b).

(19)

Notwithstanding regulation 5(1) and (2), a person may sell premium 95 grade petrol which, except for the required minimum ethanol content, complies with specified requirements, from a filling station which—

(a)

is in an area specified in Schedule 1 to the Hydrocarbon Oils and Biofuels (Road Fuels in Defined Areas) (Reliefs) Regulations 2011^f2,

(b)

in the previous calendar year sold less than a total amount of 1 million litres of petrol and diesel fuel,

(c)

receives petrol distributed by virtue of paragraph (7), or

(d)

receives petrol distributed by virtue of paragraph (14).

(20)

In this regulation—

• “relevant period” means a period of 10 working days beginning with the date on which the issue causing the shortage of premium 95 grade petrol that has the required minimum ethanol content first occurred;

• “required minimum ethanol content” means the minimum ethanol content specified in regulation 3(8);

• “working day” means a day other than a Saturday or Sunday, Good Friday, Christmas Day or a day which is a bank holiday in any part of the United Kingdom under section 1 of the Banking and Financial Dealings Act 1971^f3.”.