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Hydrocarbon Oil Duties Act 1979

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Section 24(1).

SCHEDULE 4E+W+S+N.I. SUBJECTS FOR REGULATIONS UNDER SECTION 24

As to grant of relief . . . F1E+W+S+N.I.

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Amendments (Textual)

F1Words repealed by Finance Act 1981 (c. 35, SIF 40:1), s. 139(6), Sch. 19 Pt. III Note 4 (by Note 4 it is provided that the repeal has effect in relation to oil used on or after 1.1.1982)

1Regulating the approval of persons for purposes of section 9(1) or (4) or 14(1) of this Act, whether individually or by reference to a class, and whether in relation to particular descriptions of oil or generally; enabling approval to be granted subject to conditions and providing for the conditions to be varied, or the approval revoked, for reasonable cause.E+W+S+N.I.

2Enabling permission under section 9(1) of this Act to be granted subject to conditions as to the giving of security and otherwise.E+W+S+N.I.

[F23Requiring claims or applications for repayment under section 9(4), 17, [F317A,]. . . 19 or 19A of this Act to be made at such times and in respect of such periods as are prescribed; providing that no such claim or application shall lie where the amount to be paid is less than the prescribed minimum; and preventing, where a claim or application can be made under section 9(4) or 19, the payment of drawback.]E+W+S+N.I.

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Amendments (Textual)

F3Words in Sch. 4 para. 3 inserted (24.7.2002) by 2002 c. 23, s. 5, Sch. 2 para. 4(2)

As to mixing of oilE+W+S+N.I.

4Imposing restrictions on the mixing with other oil of any rebated oil or oil delivered without payment of duty.E+W+S+N.I.

As to marking of oilE+W+S+N.I.

5Requiring as a condition of allowing rebate on, or delivery without payment of duty of, any oil (subject to any exceptions provided by or under the regulations) that there shall have been added to that oil, at such times, in such manner and in such proportions as may be prescribed, one or more prescribed markers, with or without a prescribed colouring substance (not being a prescribed marker), and that a declaration to that effect is furnished.E+W+S+N.I.

6Prescribing the substances which are to be used as markers.E+W+S+N.I.

7Providing that the presence of a marker shall be disregarded if the proportion in which it is present is less than that prescribed for the purposes of this paragraph.E+W+S+N.I.

8Prohibiting the addition to any oil of any prescribed marker or prescribed colouring substance except in such circumstances as may be prescribed.E+W+S+N.I.

9Prohibiting the removal from any oil of any prescribed marker or prescribed colouring substance.E+W+S+N.I.

10Prohibiting the addition to oil of any substance, not being a prescribed marker, which is calculated to impede the identification of a prescribed marker.E+W+S+N.I.

11Regulating the storage or movement of prescribed markers.E+W+S+N.I.

12Requiring any person who adds a prescribed marker to any oil to keep in such manner and to preserve for such period as may be prescribed such accounts and records in connection with his use of that marker as may be prescribed, and requiring the production of the accounts and records.E+W+S+N.I.

13Requiring, in such circumstances or subject to such exceptions as may be prescribed, that any drum, storage tank, delivery pump or other container or outlet which contains any oil in which a prescribed marker is present shall be marked in the prescribed manner to indicate that the oil is not to be used as road fuel or for any other prohibited purpose.E+W+S+N.I.

14Requiring any person who supplies oil in which a prescribed marker is present to deliver to the recipient a document containing a statement in the prescribed form to the effect that the oil is not to be used as road fuel or for any other prohibited purpose.E+W+S+N.I.

15Prohibiting the sale of any oil the colour of which would prevent any prescribed colouring substance from being readily visible if present in the oil.E+W+S+N.I.

16Prohibiting the importation of oil in which any prescribed marker, or any other substance which is calculated to impede the identification of a prescribed marker, is present.E+W+S+N.I.

As to control of storage, supply etc. of oil, entry of premises etc.E+W+S+N.I.

17Regulating the storage or movement of oil.E+W+S+N.I.

18Restricting the supplying of oil in respect of which rebate has been allowed and not repaid or on which excise duty has not been paid.E+W+S+N.I.

[F418AProhibiting the use of aviation gasoline otherwise than as a fuel for aircraft.]E+W+S+N.I.

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Amendments (Textual)

F518BProhibiting the taking of aviation gasoline into fuel tanks for engines other than aircraft engines.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

19Requiring a person owning or possessing a road vehicle which is constructed or adapted to use heavy oil as fuel to keep such accounts and records in such manner as may be prescribed, and to preserve such books and documents relating to the supply of heavy oil to or by him, or the use of heavy oil by him, for such period as may be prescribed.E+W+S+N.I.

20Requiring the production of books or documents relating to the supply or use of oil or the use of any vehicle.E+W+S+N.I.

21Authorising the entry and inspection of premises (other than private dwelling-houses) and the examination of vehicles, and authorising, or requiring the giving of facilities for, the inspection of oil found on any premises entered or on or in any vehicle and the taking of samples of any oil inspected.E+W+S+N.I.

InterpretationE+W+S+N.I.

22In this Schedule—E+W+S+N.I.

  • oil” means hydrocarbon oil;

  • prescribed” means prescribed by regulations made under section 24 of this Act;

and section 12(3)(a) of this Act shall apply for the purposes of paragraph 19 above as it applies for the purposes of that section.

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