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SCHEDULES

SCHEDULE 9U.K.Excise duty amendments connected with withdrawal from EU

Hydrocarbon Oil Duties Act 1979U.K.

4U.K.The Hydrocarbon Oil Duties Act 1979 is amended as follows.

Commencement Information

I1Sch. 9 para. 4 in force at 31.12.2020 by S.I. 2020/1642, reg. 4(c)

5(1)Section 13AC (use of rebated kerosene for private pleasure-flying) is amended as follows.U.K.

(2)After subsection (6) insert—

(6A)In this section “private pleasure-flying” means the use of an aircraft otherwise than for commercial purposes by—

(a)the owner of the aircraft, or

(b)any other person entitled to use it.

(6B)For the purposes of subsection (6A), the cases in which an aircraft is to be regarded as used for commercial purposes include any case where—

(a)consideration is provided by any person for the use of the aircraft (whether for the carriage of passengers or goods or for the supply of services or otherwise), or

(b)the aircraft is used for the purposes of any public authority.

(6C)Regulations may provide for other cases in which use of an aircraft is treated as being, or not being, private pleasure-flying for the purposes of this section.

(3)In subsection (7), omit the definition of “private pleasure-flying”.

Commencement Information

I2Sch. 9 para. 5 in force at 31.12.2020 by S.I. 2020/1642, reg. 4(c)

6(1)Section 14E (rebated heavy oil and bioblend: private pleasure craft) is amended as follows.U.K.

(2)Omit subsection (7A).

[F1(3)After that subsection insert—

(7B)In this section “private pleasure craft” means any aircraft or vessel used otherwise than for commercial purposes by—

(a)the owner of the aircraft or vessel, or

(b)any other person entitled to use it.

(7C)For the purposes of subsection (7B), the cases in which an aircraft or vessel is to be regarded as used for commercial purposes include any case where—

(a)consideration is provided by any person for the use of the aircraft or vessel (whether for the carriage of passengers or goods or for the supply of services or otherwise), or

(b)the aircraft or vessel is used for the purposes of any public authority.

(7D)Regulations may provide for other cases in which any aircraft or vessel is treated as being, or not being, a private pleasure craft for the purposes of this section.]

[F2(4)In subsection (8), omit the definition of “private pleasure craft”.]

(5)In consequence of the amendment made by sub-paragraph (2), omit section 189 of the Finance Act 2012.

Textual Amendments

F1Sch. 9 para. 6(3) omitted (1.10.2021 for N.I.) by virtue of Finance Act 2020 (c. 14), Sch. 11 paras. 17, 18; S.I. 2021/740, reg. 3 (with reg. 1(2))

F2Sch. 9 para. 6(4) omitted (1.10.2021 for N.I.) by virtue of Finance Act 2020 (c. 14), Sch. 11 paras. 17, 18; S.I. 2021/740, reg. 3 (with reg. 1(2))

Commencement Information

I3Sch. 9 para. 6 in force at 31.12.2020 by S.I. 2020/1642, reg. 4(c)