Full legislation
s.8
Regulations
(1)
The Chief Executive in Council may make such regulations as he thinks fit in
relation to any matters relevant
to—
(Amended
61 of 2000 s. 3
)
(a)
the importation, manufacture, storage, transport, supply or use of
gas;
(b)
the carrying out of works in the vicinity of gas pipes,
and, without prejudice to the generality of the foregoing, in particular for
securing that members of the public are, so far as is practicable, protected from
any personal injury, fire, explosion or other danger arising from the importation,
manufacture, storage, transport, supply or use of gas or the carrying out of works
in the vicinity of gas pipes.
(Amended
3 of 1996 s. 3
)
(2)
Without prejudice to the generality of subsection (1), the Chief Executive in
Council may by
regulation—
(Amended
61 of 2000 s. 3
)
(a)
provide for the control of, and the safety precautions which shall be taken
in relation
to—
(i)
the importation, manufacture, storage, transport, supply and use of
gas;
(ii)
the importation, manufacture, sale, installation and use of gas
fittings and gas tubing;
(iii)
work involving the fabrication, connection, disconnection, testing,
commissioning, decommissioning, maintenance, repair or replacement of gas
fittings;
(Amended
3 of 1996 s. 3
)
(iv)
the construction and use of gas installations which are, or consist of,
or
use—
(A)
terminals for the importation of gas;
(B)
works for the manufacture of gas;
(C)
gasholders, including the pressure-raising and control equipment
used in connection therewith;
(D)
gas mains or service pipes;
(E)
pressure-regulating installations;
(F)
stores containing liquefied petroleum gas, including, where such
gas is supplied to consumers by way of gas pipes from any such store,
any outlet pipework, pressure-regulating installations or equipment used
in connection therewith; or
(G)
any process which involves the transfer of liquefied petroleum gas
in liquid form from one container (except a disposable cylinder) to
another container; or
(Amended
3 of 1996 s. 3
)
(v)
the carrying out of works in the vicinity of gas pipes;
(Added
3 of 1996 s. 3
)
(b)
specify the tests, examinations or inspections to be carried out for the
purposes of safety on
any—
(i)
gas;
(ii)
gasholder or container;
(iii)
gas pipe;
(iv)
gas fitting;
(v)
gas installation referred to in paragraph
(a
)(
iv)
;
or
(vi)
gas vehicle;
(c)
provide for the registration, cancellation of registration and suspension of
registration
of—
(i)
persons who as a business carry out work referred to in paragraph
(a
)(
iii)
;
(ii)
persons who personally carry out work referred to in paragraph
(a
)(
iii)
; or
(iii)
companies which as a business import, manufacture or supply any
gas;
(d)
provide for the issue and cancellation of permits in respect of gas
vehicles;
(e)
provide for the reporting and subsequent actions to be taken in respect of
any accident or emergency involving gas;
(f)
provide for records and other documents to be kept and maintained by
registered persons, owners of gas installations referred to in paragraph
(a
)(
iv)
and owners of gas vehicles;
(g)
impose requirements, for the purposes of safety, in respect of the design,
construction, operation and maintenance
of—
(i)
gas installations referred to in paragraph
(a
)(
iv)
;
(ii)
gas vehicles; or
(iii)
gas pipes;
(h)
specify fire precautions to be taken in respect of the importation,
manufacture, storage, transport, supply and use of gas; and
(i)
specify the rank below which a public officer shall not be appointed as an
inspector.
(3)
Any regulations made under this section
may—
(a)
impose requirements by reference to approval by the Authority or by any
other specified person;
(b)
provide for references in the regulations to any specified document to
operate as a reference to such document as revised or re-issued from time to
time;
(c)
provide for exemptions from any requirement under the
regulations;
(d)
enable exemptions from any requirement under the regulations to be granted
by the Authority or any other specified person;
(e)
provide for any specified defence to be available in proceedings for any
offence against the regulations;
(f)
specify the information to be furnished to the Authority or any other
specified person for the purposes of the regulations;
(g)
provide for an appeal to be made to the appeal board against any specified
decision or action taken by the Authority under the regulations;
(h)
provide for fees to be paid in respect
of—
(i)
any application for registration;
(ii)
the issue of any certificates, permits or other documents; or
(iii)
the performance of any services,
under the regulations;
(i)
provide for fees to be paid in respect
of—
(i)
any search of; or
(ii)
any copy of any entry in,
any register required to be kept under the
regulations;
(ia)
empower the Secretary to amend any
Schedule
to the regulations
except a
Schedule
which provides for any fees referred to in
paragraph (h) or (i);
(Added
22 of 1996 s. 4
)
(j)
provide for the better carrying into effect of this Ordinance;
and
(k)
provide for such incidental, consequential and supplemental provisions as
are necessary or expedient for the purpose of giving full effect to this
Ordinance.
(4)
Any regulations made under this section
may—
(a)
make different provisions for different circumstances and provide for a
particular case or class of cases; and
(b)
be made so as to apply only in such circumstances as are specified in the
regulations.
(4A)
Any regulations made under subsection
(2
)(
b)
may repeal the
Gasholders Examination Ordinance* (
Cap. 54
) and any
subsidiary legislation made thereunder.
(Added
22 of 1996 s. 4
)
(5)
Any regulations made under subsection
(3
)(
h)
may provide for a fee
to be fixed at a level which provides for the recovery of expenditure incurred or
likely to be incurred in the exercise of any functions under this Ordinance and
shall not be limited by reference to the amount of any administrative or other costs
incurred or likely to be incurred in the exercise of any particular function under
this Ordinance.
(6)
Any regulations made under this section may provide that a contravention
thereof shall be an offence and may provide penalties for such offences not
exceeding a fine of $200,000 and imprisonment for 12 months and, in the case of a
continuing offence, to a daily penalty not exceeding $10,000.
(Amended
3 of 1996 s. 3
)