S.I. No. 75/1978 - European Communities (Oil Fuels in Power Stations) Regulations, 1978.

S.I. No. 75 of 1978.

EUROPEAN COMMUNITIES (OIL FUELS IN POWER STATIONS) REGULATIONS, 1978.

I, DESMOND O'MALLEY, Minister for Industry, Commerce and Energy, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 75/405/EEC ^*, hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Oil Fuels in Power Stations) Regulations, 1978, and shall come into operation on the 2nd day of March, 1978.

2. In these Regulations—

"the Directive" means Council Directive 75/405/EEC ^*;

" the Minister" means the Minister for Industry, Commerce and Energy.

3. The construction of a new power station to use oil fuels exclusively or mainly and the conversion of an existing power station to burn such fuels exclusively or mainly shall be subject to prior authorisation by the Minister.

4. An authorisation under these Regulations may be granted only in the case specified in Article 1 (2) of the Directive.

5. Before granting an authorisation under these Regulations the Minister shall comply with Article 1 (3) of the Directive.

6. Regulation 3 of these Regulations shall not apply to—

( a ) any generator not exceeding 300 KVA, if not more than two such generators are situated in a particular building,

( b ) any generators installed and used for stand-by purposes only, if the aggregate rating of such generators situated in a particular building does not exceed 1MW.

* OJ No. L 178/26, 9.7.1975, pp. 26-27.

7. (1) A person who in contravention of Regulation 3 of these Regulations causes the carrying out of the construction or conversion of a power station, or who obstructs or interferes with an authorised officer of the Minister who is exercising or proposing to exercise a power conferred on him by Regulation 8 of these Regulations, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding six months or both.

(2) Where an offence under these Regulations committed by a body corporate or an unincorporated body of persons is proved to have been committed with the consent or connivance of any person who is a director, manager, secretary, member of the committee of management or other controlling authority of the body or any other similar officer of the body, or to be attributable to neglect on the part of such a person, that person shall also be guilty of that offence.

(3) A prosecution for an offence under these Regulations may be brought by the Minister.

8. An authorised officer of the Minister (on production on demand of written evidence of his authorisation) may at any reasonable time enter any power station or other building or premises for the purpose of ascertaining whether or not these Regulations are being complied with and may for that purpose carry out in the station, building or premises any investigation or examination.

GIVEN under my Official Seal this 2nd day of March, 1978.

DESMOND O'MALLEY,

Minister for Industry, Commerce and Energy.

EXPLANATORY NOTE.

These regulations give effect to Council Directive of the European Communities of 14 April, 1975 (75/405/EEC). The regulations require that the construction of new power stations, or the conversion of existing power stations, to burn oil fuels exclusively or mainly shall be subject to prior authorisation by the Minister for Industry, Commerce and Energy.