Finance Act 2009

3 (1) Schedule 12 (supplementary provisions as to blended oil) is amended as follows.

(2) For paragraphs 1 and 2 (and the headings before them) substitute—

“Interpretation

1 (1) In this Schedule—

• “HMRC” means Her Majesty’s Revenue and Customs;

• “method of allocation” means a method for making an allocation of blended oil for the purposes of section 63 that has been selected by the participators in the originating fields (including such a method that has been amended in accordance with this Schedule).

(2) In this Schedule a reference to a suitable method of allocation is a reference to a method which secures that allocation of blended oil is just and reasonable (for the purposes of the oil taxation legislation).

Method of allocation not suitable

2 (1) This paragraph applies if it appears to HMRC that—

(a) a method of allocation that has been used in respect of a chargeable period was not suitable, or

(b) a method of allocation that is proposed to be used in respect of a chargeable period would not be suitable.

(2) HMRC may give notice to each of the participators in the originating fields—

(a) informing the participators of what appears to HMRC to be the case, and

(b) proposing amendments to the method of allocation.

(3) If HMRC give notice, the allocation of the blended oil for the purposes of section 63 in respect of the chargeable period is to be redetermined, or determined, using the method of allocation as amended in accordance with the notice.

(4) Sub-paragraph (3) is subject to—

(a) the following provisions of this Schedule,

(b) any subsequent notice given under this paragraph, and

(c) any amendment to the method of allocation made by the participators in the originating fields.”

(3) In paragraph 3(1)—

(a) for “the Board” (in each place) substitute “HMRC”, and

(b) for “paragraph 2(a)” substitute “paragraph 2(2)”.

(4) In paragraph 3(2), for “the Board” (in each place) substitute “HMRC”.

(5) After paragraph 3(2) insert—

“(3) If the method of allocation is amended in accordance with this paragraph, the allocation of the blended oil for the purposes of section 63 in respect of the chargeable period is to be redetermined, or determined, using the method of allocation as so amended.

(4) Sub-paragraph (3) is subject to—

(a) any subsequent notice given under this paragraph, and

(b) any amendment to the method of allocation made by the participators in the originating fields.”

(6) Omit paragraph 4.