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Hydrocarbon Oil Duties Act 1979

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SCHEDULES

[F1SCHEDULE 1E+W+S+N.I. EXCEPTED VEHICLES

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Amendments (Textual)

F1Sch. 1 substituted (1.7.1995) by 1995 c. 4, s. 8(2)(3)

Unlicensed vehicles not used on public roadsE+W+S+N.I.

1(1)A vehicle is an excepted vehicle while—E+W+S+N.I.

(a)it is not used on a public road, and

(b)no licence under the M1Vehicle Excise and Registration Act 1994 is in force in respect of it.

(2)A vehicle in respect of which there is current a certificate or document in the form of a licence issued under regulations under section 22(2) of the Vehicle Excise and Registration Act 1994 shall be treated for the purposes of sub-paragraph (1) above as a vehicle in respect of which a licence under that Act is in force.

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Marginal Citations

TractorsE+W+S+N.I.

2(1)A vehicle is an excepted vehicle if it is—E+W+S+N.I.

(a)an agricultural tractor, F2. . .

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In sub-paragraph (1) above “agricultural tractor” means a tractor used on public roads solely for purposes relating to agriculture, horticulture, forestry or activities falling within sub-paragraph (3) below.

(3)The activities falling within this sub-paragraph are—

(a)cutting verges bordering public roads;

(b)cutting hedges or trees bordering public roads or bordering verges which border public roads.

F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F2Sch. 1 para. 2(1)(b) and the word “or” immediately preceding it repealed (28.7.2000 with effect in relation to the use of rebated heavy fuel on or after 1.5.2000) by 2000 c. 17, ss. 9(2)(a)(3), 156, Sch. 40 Pt. I(1) Note 3

F3Sch. 1 para. 2(4) repealed (28.7.2000 with effect in relation to the use of rebated heavy fuel on or after 1.5.2000) by 2000 c. 17, ss. 9(2)(b)(3), 156, Sch. 40 Pt. I(1) Note 3

Light agricultural vehiclesE+W+S+N.I.

3(1)A vehicle is an excepted vehicle if it is a light agricultural vehicle.E+W+S+N.I.

(2)In sub-paragraph (1) above “light agricultural vehicle” means a vehicle which—

(a)has a revenue weight not exceeding 1,000 kilograms,

(b)is designed and constructed so as to seat only the driver,

(c)is designed and constructed primarily for use otherwise than on roads, and

(d)is used solely for purposes relating to agriculture, horticulture or forestry.

(3)In sub-paragraph (2)(a) above “revenue weight” has the meaning given by section 60A of the M2Vehicle Excise and Registration Act 1994.

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Marginal Citations

Agricultural enginesE+W+S+N.I.

4An agricultural engine is an excepted vehicle.E+W+S+N.I.

Vehicles used between different parts of landE+W+S+N.I.

5A vehicle is an excepted vehicle if—E+W+S+N.I.

(a)it is used only for purposes relating to agriculture, horticulture or forestry,

(b)it is used on public roads only in passing between different areas of land occupied by the same person, and

(c)the distance it travels on public roads in passing between any two such areas does not exceed 1.5 kilometres.

Mowing machinesE+W+S+N.I.

6A mowing machine is an excepted vehicle.E+W+S+N.I.

Snow clearing vehiclesE+W+S+N.I.

7A vehicle is an excepted vehicle when it is—E+W+S+N.I.

(a)being used, or

(b)going to or from the place where it is to be or has been used,

for the purpose of clearing snow from public roads by means of a snow plough or similar device (whether or not forming part of the vehicle).

GrittersE+W+S+N.I.

8A vehicle is an excepted vehicle if it is constructed or adapted, and used, solely for the conveyance of machinery for spreading material on roads to deal with frost, ice or snow (with or without articles or material used for the purposes of the machinery).E+W+S+N.I.

Mobile cranesE+W+S+N.I.

9(1)A mobile crane is an excepted vehicle.E+W+S+N.I.

(2)In sub-paragraph (1) above “mobile crane” means a vehicle which is designed and constructed as a mobile crane and which—

(a)is used on public roads only as a crane in connection with work carried on at a site in the immediate vicinity or for the purpose of proceeding to and from a place where it is to be or has been used as a crane, and

(b)when so proceeding does not carry any load except such as is necessary for its propulsion or equipment.

Digging machinesE+W+S+N.I.

10(1)A digging machine is an excepted vehicle.E+W+S+N.I.

(2)In sub-paragraph (1) above “digging machine” means a vehicle which is designed, constructed and used for the purpose of trench digging, or any kind of excavating or shovelling work, and which—

(a)is used on public roads only for that purpose or for the purpose of proceeding to and from the place where it is to be or has been used for that purpose, and

(b)when so proceeding does not carry any load except such as is necessary for its propulsion or equipment.

Works trucksE+W+S+N.I.

11(1)A works truck is an excepted vehicle.E+W+S+N.I.

(2)In sub-paragraph (1) above “works truck” means a goods vehicle which is designed for use in private premises and is used on public roads only—

(a)for carrying goods between private premises and a vehicle on a road within one kilometre of those premises,

(b)in passing from one part of private premises to another,

(c)in passing between private premises and other private premises in a case where the premises are within one kilometre of each other, or

(d)in connection with road works at the site of the works or within one kilometre of the site of the works.

(3)In sub-paragraph (2) above “goods vehicle” means a vehicle constructed or adapted for use and used for the conveyance of goods or burden of any description, whether in the course of trade or not.

Road construction vehiclesE+W+S+N.I.

12(1)A vehicle is an excepted vehicle if it is—E+W+S+N.I.

(a)a road construction vehicle, and

(b)used or kept solely for the conveyance of built-in road construction machinery (with or without articles or material used for the purposes of the machinery).

(2)In sub-paragraph (1) above “road construction vehicle” means a vehicle—

(a)which is constructed or adapted for use for the conveyance of built-in road construction machinery, and

(b)which is not constructed or adapted for the conveyance of any other load except articles and material used for the purposes of such machinery.

(3)In sub-paragraphs (1) and (2) above “built-in road construction machinery”, in relation to a vehicle, means road construction machinery built in as part of, or permanently attached to, the vehicle.

(4)In sub-paragraph (3) above “road construction machinery” means a machine or device suitable for use for the construction or repair of roads and used for no purpose other than the construction or repair of roads.

Road rollersE+W+S+N.I.

13A road roller is an excepted vehicle.E+W+S+N.I.

InterpretationE+W+S+N.I.

14In this Schedule “public road” means a road which is repairable at the public expense.]E+W+S+N.I.

Section 17(7).

SCHEDULE 2E+W+S+N.I. MEANING OF “HORTICULTURAL PRODUCE” FOR PURPOSES OF RELIEF UNDER SECTION 17

In section 17 of this Act “horticultural produce” means—

(a)fruit;

(b)vegetables of a kind grown for human consumption, including fungi, but not including maincrop potatoes or peas grown for seed, for harvesting dry or for vining;

(c)flowers, pot plants and decorative foliage;

(d)herbs;

(e)seeds other than pea seeds, and bulbs and other material, being seeds, bulbs or material for sowing or planting for the production of—

(i)fruit,

(ii)vegetables falling within paragraph (b) above,

(iii)flowers, plants or foliage falling within paragraph (c) above, or

(iv)herbs,

or for reproduction of the seeds, bulbs or other material planted; or

(f)trees and shrubs, other than trees grown for the purpose of afforestation;

but does not include hops.

[F4SCHEDULE 2AE+W+S+N.I. Mixing of rebated oil

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Amendments (Textual)

F4Sch. 2A inserted (15.11.1996) by 1996 c. 8, s. 6, Sch. 1; S.I. 1996/2751, art. 2

Part IE+W+S+N.I. Light oil

Converting unleaded petrol into leaded petrolE+W+S+N.I.

1(1)A mixture which is leaded petrol is produced in contravention of this paragraph if such a mixture is produced by—E+W+S+N.I.

[F5(aa)adding lead to unleaded petrol in respect of which duty has been charged at the rate specified in section 6(1A)(a);]]

[F6(ab)adding lead to unleaded petrol in respect of which a rebate has been allowed under section 13A;]

(c)adding lead to a mixture of unleaded petrol of a description mentioned in [F7paragraph (aa)]above and unleaded petrol of a description mentioned in [F8paragraph (ab)] above.

(2)In sub-paragraph (1) above the reference to adding lead to unleaded petrol includes a reference to adding leaded petrol to unleaded petrol.

(3)This paragraph is subject to any direction given under paragraph 3 below.

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Amendments (Textual)

F6Sch. 2A para. 1(ab) substituted for Sch. 2A para. 1(a)(b) (retrospective to 7.3.2001 at 6pm) by 2001 c. 9, s. 2(2)(a)(5)

F7Words in Sch. 2A para. 1(c) substituted (retrospective to 7.3.2001 at 6pm) by 2001 c. 9, s. 2(2)(b)(i)(5)

F8Words in Sch. 2A para. 1(c) substituted (retrospective to 7.3.2001 at 6pm) by 2001 c. 9, s. 2(2)(b)(ii)(5)

[F9 Converting unleaded petrol into higher octane unleaded petrol]E+W+S+N.I.

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Amendments (Textual)

F9Sch. 2A para. 2 and cross-heading substituted (1.10.2000) by 2000 c. 17, ss. 5(6), 6, Sch. 1 para. 2(1); S.I. 2000/2674, art. 2

F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F10Sch. 2A para. 2 repealed (retrospective to 7.3.2001 at 6pm) by 2001 c. 9, ss. 2(5), 110, Sch. 33 Pt. 1(1) Note

[F11Mixing different kinds of unleaded petrolE+W+S+N.I.

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Amendments (Textual)

F11Sch. 2A para. 2A and cross-heading inserted (1.10.2000) by 2000 c. 17, ss. 5(6), 6, Sch. 1 para. 3(1); S.I. 2000/2674, art. 2

[F122A(1)A mixture which is unleaded petrol is produced in contravention of this paragraph if the mixture is produced by mixing—E+W+S+N.I.

(a)petrol on which duty has been paid at the rate specified in section 6(1A)(a), and

(b)petrol in respect of which a rebate has been allowed under section 13A,

and the mixture produced is unleaded petrol that is not ultra low sulphur petrol.

(2)This paragraph is subject to any direction given under paragraph 3.]]

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Amendments (Textual)

F12Sch. 2A para. 2A substituted (retrospective to 7.3.2001 at 6pm) by 2001 c. 9, s. 2(3)(5)

Power to create exceptionsE+W+S+N.I.

3The Commissioners may give a direction that, in such description of circumstances as may be specified in the direction, a mixture is not produced in contravention of [F13paragraph 1 F14. . . or 2A above].E+W+S+N.I.

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Amendments (Textual)

F14Words in Sch. 2A para. 3 repealed (retrospective to 7.3.2001 at 6pm) by 2001 c. 9, ss. 2(5), 110, Sch. 33 Pt. 1(1) Note

Part IIE+W+S+N.I.Heavy oil

Mixing partially rebated heavy oil with unrebated heavy oilE+W+S+N.I.

4A mixture of heavy oils is produced in contravention of this paragraph if such a mixture is produced by mixing—E+W+S+N.I.

(a)gas oil in respect of which a rebate has been allowed under section 11(1)(b) [F15or (ba)] of this Act; and

(b)heavy oil in respect of which, on its delivery for home use, a declaration was made that it was intended for use as fuel for a road vehicle.

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Amendments (Textual)

Mixing fully rebated heavy oil with unrebated heavy oilE+W+S+N.I.

5A mixture of heavy oils is produced in contravention of this paragraph if such a mixture is produced by mixing—E+W+S+N.I.

(a)heavy oil which is neither fuel oil nor gas oil and in respect of which a rebate has been allowed under section 11(1)(c) of this Act; and

(b)heavy oil in respect of which, on its delivery for home use, a declaration was made that it was intended for use as fuel for a road vehicle.

Mixing fully rebated heavy oil with partially rebated heavy oilE+W+S+N.I.

6A mixture of heavy oils is produced in contravention of this paragraph if such a mixture is produced by mixing—E+W+S+N.I.

(a)heavy oil which is neither fuel oil nor gas oil and in respect of which a rebate has been allowed under section 11(1)(c) of this Act; and

(b)gas oil in respect of which a rebate has been allowed under section 11(1)(b) [F16or (ba)] of this Act.

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Amendments (Textual)

[F17 Mixing different types of partially rebated gas oilE+W+S+N.I.

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Amendments (Textual)

F186AA mixture of heavy oils is produced in contravention of this paragraph if such a mixture is produced by mixing—E+W+S+N.I.

(a)ultra low sulphur diesel in respect of which a rebate has been allowed under section 11(1)(ba) of this Act; and

(b)gas oil in respect of which a rebate has been allowed under section 11(1)(b) of this Act.]

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Amendments (Textual)

Complex mixtures of heavy oilsE+W+S+N.I.

7A mixture of heavy oils is produced in contravention of this paragraph [F19if the production of a mixture of two of the components of that mixture is a contravention of any of paragraphs 4 to 6A above.]E+W+S+N.I.

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Amendments (Textual)

F19Words in Sch. 2A para. 7 substituted (15.8.1997) by 1997 c. 16, s. 7(9)(d); S.I. 1997/1960, art. 2

[F20Part IIAE+W+S+N.I. Unrebated heavy oil

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Amendments (Textual)

F20Sch. 2A Pt. IIA para. 7A inserted (retrospective to 6pm on 17.3.1998) by 1998 c. 36, s. 9(4)(6)

F217AA mixture of heavy oils is produced in contravention of this paragraph if such a mixture is produced by mixing—E+W+S+N.I.

(a)ultra low sulphur diesel in respect of which, on its delivery for home use, a declaration was made that it was intended for use as fuel for a road vehicle; and

(b)heavy oil of any other description in respect of which, on its delivery for home use, such a declaration was made.]

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Amendments (Textual)

F21Sch. 2A Pt. IIA para. 7A inserted (retrospectove to 6pm on 17.3.1998) by 1998 c. 36, s. 9(4)

E+W+S+N.I.

[F22Part 2B Biodiesel

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Amendments (Textual)

F22Sch. 2A, Part 2B, para. 7B inserted (24.7.2002 with application as mentioned in s. 5(8)(b) of the amending Act) by 2002 c. 23, s. 5, Sch. 2 para. 5(3)

Mixing biodiesel with rebated heavy oilE+W+S+N.I.

F237B(1)A mixture is produced in contravention of this paragraph if it is produced by mixing—

(a)biodiesel or a substance containing biodiesel, and

(b)rebated heavy oil.

(2)In sub-paragraph (1)(b) above “rebated heavy oil” means heavy oil in respect of which a rebate has been allowed under section 11 of this Act.]

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Amendments (Textual)

F23Sch. 2A Part 2B, para. 7B inserted (24.7.2002 with application as mentioned in s. 5(8)(b) of the amending Act) by 2002 c. 23, s. 5, Sch. 2 para. 5(3)

Part IIIE+W+S+N.I. Rates of duty, etc.

Rate for mixtures of light oilE+W+S+N.I.

8(1)Subject to paragraph 10 below, duty under section 20AAA(1) of this Act shall be charged at the following rates.E+W+S+N.I.

[F24(2)In the case of a mixture produced in contravention of paragraph 1 above, the rate is the rate in force under section 6(1A)(b) at the time the mixture is produced.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F25(3A)In the case of a mixture produced in contravention of paragraph 2A above, the rate is that produced by deducting from the rate in force under section 6(1A)(b) at the time the mixture is produced the rebate which at that time is in force under section 13A.]

F26(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F25Sch. 2A para. 8(3A) substituted (retrospective to 7.3.2001 at 6pm) by 2001 c. 9, ss. 2(4)(5)

Rate for mixtures of heavy oilE+W+S+N.I.

9(1)Subject to paragraph 10 below, duty charged under subsection (2) of section 20AAA of this Act shall be charged at the rate for heavy oil in force at the time when the mixture is supplied as mentioned in that subsection.E+W+S+N.I.

[F27(1A)Subject to paragraph 10 below, duty charged under subsection (2A) [F28or (2B)] of section 20AAA of this Act shall be charged at the rate for heavy oil in force at the time when the mixture is produced.]

(2)In this paragraph “the rate for heavy oil” means the rate given [F29by section 6(1A) of this Act in the case of heavy oil which is not ultra low sulphur diesel].

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Amendments (Textual)

F27Sch. 2A para. 9(1A) inserted (retrospective to 6pm on 17.3.1998) by 1998 c. 36, s. 9(5)(6)

F28Words in Sch. 2A para. 9(1A) inserted (24.7.2002 with application as mentioned in s. 5(8)(b) of the amending Act) by 2002 c. 23, s. 5, Sch. 2 para. 5(4)

F29Words in Sch. 2A para. 9(2) substituted (15.8.1997) by 1997 c. 16, s. 7(9)(f); S.I. 1997/1960, art. 2

Credit for duty paid on ingredients of mixtureE+W+S+N.I.

10[F30(1)]F31. . . where duty is charged under section 20AAA of this Act in respect of any mixture, the amount of duty produced by applying paragraph 8 or 9 above shall be reduced by the amount of any duty under section 6 [F32, 6AA, 6AB or 6A] of this Act which the Commissioners are satisfied has been paid in respect of any ingredient of the mixture.E+W+S+N.I.

F33(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F30Sch. 2A para. 10(1) renumbered (1.10.2000) for Sch. 2A para. 10 by 2000 c. 17, ss. 5(6), 6, Sch. 1 para. 3(4); S.I. 2000/2674, art. 2

F31Words in Sch. 2A para. 10(1) repealed (retrospective to 7.3.2001 at 6pm) by 2001 c. 9, ss. 2(5), 110, Sch. 33 Pt. 1(1) Note

F32Words in Sch. 2A para. 10(1) inserted (24.7.2002 with application as mentioned in s. 5(8)(b) of the amending Act) by 2002 c. 23, s. 5, Sch. 2 para. 5(5)

F33Sch. 2A para. 10(2) repealed (retrospective to 7.3.2001 at 6pm) by 2001 c. 9, ss. 2(5), 110, Sch. 33 Pt. 1(1) Note

InterpretationE+W+S+N.I.

11(1)In this Schedule—E+W+S+N.I.

  • [F34fuel oil” has the same meaning] as in section 11 of this Act;

    F35. . .

F36(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F34Words in Sch. 2A para. 11 substituted (15.8.1997) by 1997 c. 16, s. 7(9)(g); S.I. 1997/1960, art. 2

F35Sch. 2A para. 11(1): definitions of

leaded

and

unleaded

petrol repealed (1.10.2000) by 2000 c. 17, s. 156, Sch. 40 Pt. I(1) Note 1; S.I. 2000/2674, art. 2

F36Sch. 2A para. 11(2) repealed (retrospective to 7.3.2001 at 6pm) by 2001 c. 9, ss. 2(5), 110, Sch. 33 Pt. 1(1) Note

Section 21(1).

SCHEDULE 3E+W+S+N.I. SUBJECTS FOR REGULATIONS UNDER SECTION 21

Part IE+W+S+N.I. hydrocarbon oil

1Prohibiting the production of hydrocarbon oil or any description of hydrocarbon oil except by a person holding a licence.E+W+S+N.I.

2[F37Specifying the circumstances in which any such licence may be surrendered or revoked]E+W+S+N.I.

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Amendments (Textual)

3Regulating the production, storage and warehousing of hydrocarbon oil or any description of hydrocarbon oil and the removal of any such oil to or from premises used for the production of any such oil.E+W+S+N.I.

4Prohibiting the refining of hydrocarbon oil elsewhere than in a refinery.E+W+S+N.I.

5Prohibiting the incorporation of gas in hydrocarbon oil elsewhere than in a refinery.E+W+S+N.I.

6Regulating the use and storage of hydrocarbon oil in a refinery.E+W+S+N.I.

7Regulating or prohibiting the removal to a refinery of hydrocarbon oil in respect of which any rebate has been allowed.E+W+S+N.I.

8Regulating the removal of imported hydrocarbon oil to a refinery without payment of the excise duty on such oil.E+W+S+N.I.

9Making provision for securing payment of the excise duty on any imported hydrocarbon oil received into a refinery.E+W+S+N.I.

10Relieving from the excise duty chargeable on hydrocarbon oil produced in the United Kingdom any such oil intended for exportation or shipment as stores.E+W+S+N.I.

[F3810A F39Amending the definition of “aviation gasoline” in subsection (4) of section 6 of this Act.]E+W+S+N.I.

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Amendments (Textual)

10B F40Conferring power to require information relating to the supply or use of aviation gasoline to be given by producers, dealers and users.E+W+S+N.I.

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Amendments (Textual)

10C F41Requiring producers and users of and dealers in aviation gasoline to keep and produce records relating to aviation gasoline.E+W+S+N.I.

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Amendments (Textual)

11Generally for securing and collecting the excise duty chargeable on hydrocarbon oil . . . F42.E+W+S+N.I.

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Amendments (Textual)

Modifications etc. (not altering text)

C1Sch. 3 para. 11 modified (26.7.2002) by S.I. 2002/1928, reg. 3(1)(d)

F43Part IIE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Part IIIE+W+S+N.I. road fuel gas

17Prohibiting the production of gas, and dealing in gas on which the excise duty has not been paid, except by persons holding a licence.E+W+S+N.I.

18[F45Specifying the circumstances in which any such licence may be surrendered or revoked].E+W+S+N.I.

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Amendments (Textual)

19Regulating the production, dealing in, storage and warehousing of gas and the removal of gas to and from premises used therefor.E+W+S+N.I.

20Requiring containers for gas to be marked in the manner prescribed by the regulations.E+W+S+N.I.

21Conferring power to require information relating to the supply or use of gas and containers for gas to be given by producers of and dealers in gas, and by the person owning or possessing or for the time being in charge of any road vehicle which is constructed or adapted to use gas as fuel.E+W+S+N.I.

22Requiring a person owning or possessing a road vehicle which is constructed or adapted to use gas as fuel to keep such accounts and records in such manner as may be prescribed by the regulations, and to preserve such books and documents relating to the supply of gas to or by him, or the use of gas by him, for such period as may be so prescribed.E+W+S+N.I.

23Requiring the production of books or documents relating to the supply or use of gas or the use of any road vehicle.E+W+S+N.I.

24Authorising the entry and inspection of premises (other than private dwelling-houses) and the examination of road vehicles, and authorising, or requiring the giving of facilities for, the inspection of gas found on any premises entered or on or in any road vehicle.E+W+S+N.I.

25Generally for securing and collecting the excise duty.E+W+S+N.I.

In this Part of this Schedule “the excise duty” means the excise duty chargeable under section 8 of this Act on gas, and “gas” means road fuel gas.

Section 24(1).

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

As to grant of relief . . . F46E+W+S+N.I.

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Amendments (Textual)

F46Words 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.

[F473Requiring claims or applications for repayment under section 9(4), 17, [F4817A,]. . . 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)

F48Words 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.

[F4918AProhibiting the use of aviation gasoline otherwise than as a fuel for aircraft.]E+W+S+N.I.

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Amendments (Textual)

F5018BProhibiting the taking of aviation gasoline into fuel tanks for engines other than aircraft engines.E+W+S+N.I.

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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.

Section 24(5).

SCHEDULE 5E+W+S+N.I. SAMPLING

1The person taking a sample—E+W+S+N.I.

(a)if he takes it from a motor vehicle, shall if practicable do so in the presence of a person appearing to him to be the owner or person for the time being in charge of the vehicle;

(b)if he takes the sample on any premises but not from a motor vehicle, shall if practicable take it in the presence of a person appearing to him to be the occupier of the premises or for the time being in charge of the part of the premises from which it is taken.

2(1)The result of an analysis of a sample shall not be admissible—E+W+S+N.I.

(a)in criminal proceedings under the Customs and Excise Acts 1979; or

(b)on behalf of the Commissioners in any civil proceedings under those Acts,

unless the analysis was made by an authorised analyst and the requirements of paragraph 1 above (where applicable) and of the following provisions of this paragraph have been complied with.

(2)The person taking a sample must at the time have divided it into three parts (including the part to be analysed), marked and sealed or fastened up each part, and—

(a)delivered one part to the person in whose presence the sample was taken in accordance with paragraph 1 above, if he requires it; and

(b)retained one part for future comparison.

(3)Where it was not practicable to comply with the relevant requirements of paragraph 1 above, the person taking the sample must have served notice on the owner or person in charge of the vehicle or, as the case may be, the occupier of the premises informing him that the sample has been taken and that one part of it is available for delivery to him, if he requires it, at such time and place as may be specified in the notice.

3(1)Subject to sub-paragraph (2) below, in any such proceedings as are mentioned in paragraph 2(1) above a certificate purporting to be signed by an authorised analyst and certifying the presence of any substance in any such sample of oil as may be specified in the certificate shall be evidence, and in Scotland sufficient evidence, of the facts stated in it.E+W+S+N.I.

(2)Without prejudice to the admissibility of the evidence of the analyst (which shall be sufficient in Scotland as well as in England), such a certificate shall not be admissible as evidence—

(a)unless a copy of it has, not less than 7 days before the hearing, been served by the prosecutor or, in the case of civil proceedings, the Commissioners on all other parties to the proceedings; or

(b)if any of those other parties, not less than 3 days before the hearing or within such further time as the court may in special circumstances allow, serves notice on the prosecutor or, as the case may be, the Commissioners requiring the attendance at the hearing of the person by whom the analysis was made.

4(1)Any notice required or authorised to be given under this Schedule shall be in writing.E+W+S+N.I.

(2)Any such notice shall be deemed, unless the contrary is shown, to have been received by a person if it is shown to have been left for him at his last-known residence or place of business in the United Kingdom.

(3)Any such notice may be given by post, and the letter containing the notice may be sent to the last-known residence or place of business in the United Kingdom of the person to whom it is directed.

(4)Any such notice given to the secretary or clerk of a company or body of persons (incorporated or unincorporated) on behalf of the company or body shall be deemed to have been given to the company or body; and for the purpose of the foregoing provisions of this paragraph any such company or body of persons having an office in the United Kingdom shall be treated as resident at that office or, if it has more then one, at the registered or principal office.

(5)Where any such notice is to be given to any person as the occupier of any land, and it is not practicable after reasonable inquiry to ascertain—

(a)what is the name of any person being the occupier of the land; or

(b)whether or not there is a person being the occupier of the land,

the notice may be addressed to the person concerned by any sufficient description of the capacity in which it is given to him.

(6)In any case to which sub-paragraph (5) above applies, and in any other case where it is not practicable after reasonable inquiry to ascertain an address in the United Kingdom for the service of a notice to be given to a person as being the occupier of any land, the notice shall be deemed to have been received by the person concerned on being left for him on the land, either in the hands of a responsible person or conspicuously affixed to some building or object on the land.

(7)Sub-paragraphs (2) to (6) above shall not affect the validity of any notice duly given otherwise than in accordance with those sub-paragraphs.

5In this Schedule “authorised analyst” means—E+W+S+N.I.

(a)the Government Chemist or a person acting under his direction;

(b)the Government Chemist for Northern Ireland or a person acting under his direction;

(c)any chemist authorised by the Treasury to make analyses for the purposes of this Schedule; or

(d)any other person appointed as a public analyst or deputy public analyst under—

  • [F51section 27 of the Food Safety Act 1990], or

  • [F52Article 27(1) of the Food Safety (Northern Ireland) Order 1991].

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Amendments (Textual)

F52Words in Sch. 5 para. 5(d) substituted (N.I.) (21. 5.1991) by S.I. 1991/762, art. 51(1), Sch. 2 para.13; S.R. 1991/175, art. 2(1).

5In this Schedule “authorised analyst” means—N.I.

(a)the Government Chemist or a person acting under his direction;

(b)the Government Chemist for Northern Ireland or a person acting under his direction;

(c)any chemist authorised by the Treasury to make analyses for the purposes of this Schedule; or

(d)any other person appointed as a public analyst or deputy public analyst under—

  • [F57section 27 of the Food Safety Act 1990], or

  • [F58Article 27(1) of the Food Safety (Northern Ireland) Order 1991].

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Amendments (Textual)

F58Words in Sch. 5 para. 5(d) substituted (N.I.) (21.5.1991) by S.I. 1991/762, art. 1(2), Sch. 2 para.13; S.R. 1991/175, art. 2(1)

6References in this Schedule to the taking of a sample or to a sample shall be construed respectively as references to the taking of a sample in pursuance of regulations under section [F5320AA or] 24 of this Act and to a sample so taken.E+W+S+N.I.

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Amendments (Textual)

7This Schedule shall have effect in its application to a vehicle of which a person other than the owner is, or is for the time being, entitled to possession as if for references to the owner there were substituted references to the person entitled to possession.E+W+S+N.I.

Section 28(1).

SCHEDULE 6E+W+S+N.I. CONSEQUENTIAL AMENDMENTS

Finance Act 1965 and Finance Act (Northern Ireland) Act 1965E+W+S+N.I.

1In section 92(2) of the M3Finance Act 1965 and section 14(2) of the M4Finance Act (Northern Ireland) Act 1966 (grants towards duty on bus fuel) for the words “hydrocarbon oil” there shall be substituted the words “ heavy oil ”.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.

Modifications etc. (not altering text)

C2The text of s. 28(1)(2)(5), Sch. 6 paras. 1, 2 and 6, and Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Transport Act 1968E+W+S+N.I.

F542. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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)

3, 4, 5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55E+W+S+N.I.

Annotations: Help about Annotation
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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)

Excise Duties (Gas as Road Fuel) Order 1972E+W+S+N.I.

6In Article 3 of the M5Excise Duties (Gas as Road Fuel) Order 1972 for the words “hydrocarbon oil” there shall be substituted the words “ light oil ”.E+W+S+N.I.

Annotations: Help about Annotation
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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.

Modifications etc. (not altering text)

C3The text of s. 28(1)(2)(5), Sch. 6 paras. 1, 2 and 6, and Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56E+W+S+N.I.

Annotations: Help about Annotation
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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)

Section 28(2)

SCHEDULE 7E+W+S+N.I. REPEALS

Annotations: Help about Annotation
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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.

Modifications etc. (not altering text)

C4The text of s. 28(1)(2)(5), Sch. 6 paras. 1, 2 and 6, and Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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