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Finance Act 1950

Status:

This is the original version (as it was originally enacted).

3Petrol substitutes (excise)

(1)Subject to the provisions of this section, there shall be charged a duty of excise on any petrol substitute which is sent out from the premises of a person producing or dealing in petrol substitutes and was not acquired by him duty paid under this section.

(2)The rate of duty under this section shall be the same as that at which the duty of excise on hydrocarbon oils is for the time being chargeable under the last foregoing section.

(3)For the purposes of this section, the expression " petrol substitute" means any liquid intended to take the place of petrol as fuel for internal combustion piston engines, being neither a hydrocarbon oil (within the meaning of section two of the Finance Act, 1928) nor power methylated spirits.

(4)The Commissioners may by statutory instrument make regulations—

(a)for prohibiting the production of petrol substitutes, .and dealing in petrol substitutes on which duty has not been paid, except by persons holding a licence and having made entry for the purpose; and

(b)for fixing the date of expiration of any such licence; and

(c)for regulating (with a view to securing the collection of any duty under this section) the production, dealing in, storage and warehousing of petrol substitutes and their removal to or from premises used therefor; and

(d)generally for seaming and collecting the duty under this section;

and may by the regulations apply to, that duty and to persons producing or dealing in petrol substitutes any enactments relating to any duty of excise or customs and to persons carrying on any trade subject to the law of excise.

(5)If any person—

(a)uses as fuel for an internal combustion piston engine any liquid which is neither a hydrocarbon oil (within the meaning of section two of the Finance Act, 1928) nor power methylated spirits and which lie knows or has reasonable cause to believe not to be duty paid under this section; or

(b)acts in contravention of, or fails to comply with, any regulations made under the last foregoing subsection;

he shall be liable at the option of the Commissioners either to an excise penalty equal to three times the value of the goods in respect of which the offence was committed (including the full amount of the duty, if any, chargeable thereon) or to an excise penalty of one hundred pounds, and the goods in respect of which the offence is committed shall be forfeited.

(6)This section shall have effect as from the" nineteenth day of April, nineteen hundred and fifty, but where any petrol substitute has before that date been sent out from the premises of a person producing or dealing in petrol substitutes it shall not be chargeable with duty under this section by reason of its being again sent out as aforesaid after that date nor shall paragraph (a) of subsection (5) of this section apply to it.

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