Fuels (Control of Supplies) Act, 1982

In short

This law amends the Fuels (Control of Supplies) Act, 1971, to update provisions related to the control and regulation of fuel supplies in Ireland. It primarily focuses on the government's power to declare a need for fuel control and the Minister's ability to regulate fuel acquisition, supply, distribution, or marketing.

What it regulates

The definition of "petroleum oils" to include various storage locations.
The Minister's power to regulate or control the acquisition, supply, distribution, or marketing of fuels.
The Minister's power to control, regulate, restrict, or prohibit the import or export of fuels.
Penalties for offenses related to contravening fuel supply regulations and the powers of authorised officers.

Who it concerns

Enterprises involved in importing, stocking, wholesale, or retail of petroleum oils.
Any person or entity involved in the acquisition, supply, distribution, marketing, import, or export of fuels.
Individuals who may be required to furnish information to the Minister or who interact with authorised officers.

Key points

The Government can declare the necessity to control fuel supplies for the common good, with such orders lasting up to 12 months and being renewable.
The Minister can require individuals to provide necessary information to implement fuel control orders; failure to comply is an offense.
Offenses can lead to fines up to £800 or imprisonment up to 12 months on summary conviction, or fines up to £100,000 or imprisonment up to 10 years on indictment.
Authorised officers can inspect premises, request information, and examine records; obstructing them or providing false information is an offense, punishable by a fine up to £500 or imprisonment up to 12 months.

Legal text

Fuels (Control of Supplies) Act, 1982 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1982 Fuels (Control of Supplies) Act, 1982 Fuels (Control of Supplies) Act, 1982 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 18 of 1982 FUELS (CONTROL OF SUPPLIES) ACT, 1982 ARRANGEMENT OF SECTIONS Section 1. Definition. 2. Amendment of section 1 of Principal Act. 3. Amendment of section 3 of Principal Act. 4. Amendment of section 4 of Principal Act. 5. Repeal of section 5 of Principal Act. 6. Declaration by Government regarding control of acquisition, supply, distribution or marketing of fuels. 7. Powers of authorised officer to inspect premises, obtain information, etc. 8. Short title and collective citation. Acts Referred to Fuels (Control of Supplies) Act, 1971 1971, No. 3 Fuels (Control of Supplies) Acts, 1971 and 1982 Number 18 of 1982 FUELS (CONTROL OF SUPPLIES) ACT, 1982 AN ACT TO AMEND THE FUELS (CONTROL OF SUPPLIES) ACT, 1971 . [21st July, 1982] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definition. 1.—In this Act “the Principal Act” means the Fuels (Control of Supplies) Act, 1971 . Amendment of section 1 of Principal Act. 2.— Section 1 of the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (
v)of the definition of “petroleum oils”: “(
v)in products storage tanks of refineries or of importing, stocking, wholesale or retail enterprises, or”, and that definition, as so amended, is set out in the Table to this section. TABLE “petroleum oils” includes the following— (
a)crude oil, (
b)liquified petroleum gas, (
c)aviation gasoline, (
d)gasoline-type jet fuel, (
e)kerosene-type jet fuel, (
f)motor spirit, (
g)kerosenes, (
h)light virgin naphtha, (
i)gas diesel oil, (
j)light fuel oil, (
k)medium fuel oil, (
l)heavy fuel oil, and includes any of the above which are— (
i)on board oil-tankers in a port in the State awaiting unloading after completion of port formalities, (
ii)stored in an unloading port in the State, (iii) contained in tanks at the entrance to pipe-lines, (
iv)in the crude oil storage tanks of refineries (other than in refinery pipes and processing installations), (
v)in products storage tanks of refineries or of importing, stocking, wholesale or retail enterprises, or (
vi)in barges and coastal vessels, whether in a port in the State or in the course of transportation from one place in the State to another such place. Amendment of section 3 of Principal Act. 3.—

(1)The following subsection is hereby substituted for subsection

(1)of section 3 of the Principal Act: “

(1)Where there is for the time being in force an order under section 2 of this Act the Minister may by order do all or any of the following things— (

a)provide for the regulation or control of the acquisition, supply, distribution or marketing of the type or types of fuel to which the order under section 2 of this Act relates and, where the Minister so thinks proper, for the maintenance and provision of supplies of that type or those types (as the case may
be)of fuel; (
b)provide for the control, regulation, restriction or prohibition of the import or the export of the type or types of fuel to which the order under section 2 of this Act relates.”.

(2)Section 3 of the Principal Act is hereby amended by the insertion of the following subsection after subsection

(4): “(4A) (

a)The Minister may require a person to furnish to the Minister such information as is in the opinion of the Minister necessary in order to enable him to implement an order under this section and is specified in the requirement under this subsection. (
b)A person who fails to comply with a requirement under this subsection shall, for the purposes of section 4 of this Act, be deemed to be a person who knowingly contravenes a provision in an order made by the Minister under this Act.”. Amendment of section 4 of Principal Act. 4.—

(1)The following subsection is hereby substituted for subsection

(5)of section 4 of the Principal Act: “

(5)Every person who commits or is deemed to have committed an offence under this section shall— (

a)on summary conviction, be liable to a fine not exceeding £800 or, at the discretion of the Court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment, or (
b)on conviction on indictment, be liable to a fine not exceeding £100,000 or, at the discretion of the Court, to imprisonment for a term not exceeding ten years or to both such fine and such imprisonment.”.

(2)Section 4 of the Principal Act is hereby amended by the insertion after subsection

(8)of the following subsections: “

(9)In a prosecution for an offence under this section the onus of proving that a contravention was not knowingly effected shall lie on the defendant.

(10)In this section ‘contravenes’ includes failure, refusal and neglect of compliance with, and cognate words shall be construed accordingly.”. Repeal of section 5 of Principal Act. 5.— Section 5 of the Principal Act is hereby repealed. Declaration by Government regarding control of acquisition, supply, distribution or marketing of fuels. 6.—

(1)The following section is hereby substituted for section 2 of the Principal Act: “2.—

(1)Whenever and so often as the Government are of the opinion that the exigencies of the common good necessitate the regulation or control by the Minister on behalf of the State of the acquisition, supply, distribution or marketing of fuels, the Government may by order so declare.

(2)An order under subsection

(1)of this section may relate to one or more than one type of fuel.

(3)An order under subsection

(1)of this section shall remain in force for such period (not exceeding twelve months from the making thereof) as the Government think proper and specify in the order, and shall then expire unless continued in force by an order made under subsection

(4)of this section.

(4)Where— (a) there is for the time being in force an order (in this subsection referred to as the principal order) under subsection

(1)of this section declaring that the Government are of the opinion that the exigencies of the common good necessitate the regulation or control by the Minister on behalf of the State of the acquisition, supply, distribution or marketing of fuels, and (

b)the Government are of the opinion that the exigencies of the common good still necessitate the regulation or control by the Minister on behalf of the State of the acquisition, supply, distribution or marketing of the type or types of fuel to which the principal order relates— the following provisions shall have effect— (
i)the Government may by order (in this subsection referred to as a continuance order), made before the expiration of the principal order, continue the principal order in force for such period (not exceeding twelve months from the date on which the principal order would but for the continuance order expire) as the Government think proper and specify in the continuance order, and may thereafter from time to time by order (in this subsection also referred to as a continuance order), made before the expiration of the principal order under the last previous continuance order, continue the principal order in force for such period (not exceeding twelve months from the date on which the principal order would have expired under the last previous continuance order) as the Government think proper and specify in the continuance order, (
ii)if only one continuance order is made, the principal order shall continue in force until the expiration of the period for which it is continued in force by that continuance order, and shall then expire, (iii) if two or more continuance orders are made, the principal order shall continue in force until the expiration of the period for which it is continued in force by the last of those continuance orders, and shall then expire.

(5)Every order made under this section shall, as soon as may be after it is made, be published in Iris Oifigiúil.”.

(2)Notwithstanding anything in this section, an order made under section 2 of the Principal Act and in force at the passing of this Act shall remain in force as if it had been made under the said section 2 (as amended by this Act); provided that any such order shall expire on the date on which it would have expired but for this Act. Powers of authorised officer to inspect premises, obtain information, etc. 7.—

(1)In this section “authorised officer” means a person appointed by the Minister by warrant of appointment to be an authorised officer for the purposes of this section.

(2)An authorised officer, on production of his warrant of appointment if so requested by any person affected, may— (

a)at all reasonable times enter and inspect any premises or place, (
b)require the occupant or any person whom the authorised officer has reasonable cause to believe to be employed in or at the premises or place to furnish such information as the authorised officer may reasonably request or to produce to him any records or other documents specified by him, (
c)examine or inspect any such records or documents and take copies of them or of any entries in them.

(3)Any person who— (

a)obstructs or impedes an authorised officer in the exercise of any of the powers conferred on him by this section, (
b)refuses to produce any record or document which an authorised officer lawfully requires him to produce, (
c)produces or causes to be produced or knowingly allows to be produced, to an authorised officer any record or document which is false in any material respect knowing it to be false, or (
d)wilfully fails or refuses to comply with any lawful requirement of an authorised officer under subsection

(1)(b) of this section, 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 twelve months or to both such fine and such imprisonment.

(4)In any prosecution for an offence under this section it shall be presumed until the contrary is shown that a person who produced a warrant of appointment as an authorised officer was at all material times an authorised officer.

(5)A document purporting to be a warrant of appointment of an authorised officer shall be presumed to be such warrant until the contrary is shown. Short title and collective citation. 8.—

(1)This Act may be cited as the Fuels (Control of Supplies) Act, 1982.

(2)The Principal Act and this Act may be cited together as the Fuels (Control of Supplies) Acts, 1971 and 1982. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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