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- Point in Time (07/03/2001)
- Original (As enacted)
Version Superseded: 24/07/2002
Point in time view as at 07/03/2001. This version of this schedule contains provisions that are not valid for this point in time.
Hydrocarbon Oil Duties Act 1979, SCHEDULE 2A is up to date with all changes known to be in force on or before 30 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
1(1)A mixture which is leaded petrol is produced in contravention of this paragraph if such a mixture is produced by—U.K.
[F2(aa)adding lead to unleaded petrol in respect of which duty has been charged at the rate specified in section 6(1A)(a);]]
[F3(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 [F4paragraph (aa)]above and unleaded petrol of a description mentioned in [F5paragraph (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.
Textual Amendments
F2Sch. 2A para. 1(1)(aa) inserted (1.10.2000) by 2000 c. 17, ss. 5(6), 6, Sch. 1 para. 1(1); S.I. 2000/2674, art. 2
F3Sch. 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)
F4Words in Sch. 2A para. 1(c) substituted (retrospective to 7.3.2001 at 6pm) by 2001 c. 9, s. 2(2)(b)(i)(5)
F5Words in Sch. 2A para. 1(c) substituted (retrospective to 7.3.2001 at 6pm) by 2001 c. 9, s. 2(2)(b)(ii)(5)
1(1)A mixture which is leaded petrol is produced in contravention of this paragraph if such a mixture is produced by—
[F32(aa)adding lead to unleaded petrol in respect of which duty has been charged at the rate specified in section 6(1A)(a);]
(a)adding lead to unleaded petrol in respect of which a rebate has been allowed under subsection (1) of section 13A of this Act at the rate given by subsection (1A)(a) of that section;
(b)adding lead to unleaded petrol in respect of which a rebate has been allowed under subsection (1) of that section at the rate given by subsection (1A)(b) of that section; or
(c)adding lead to a mixture of unleaded petrol of a description mentioned in paragraph (a) above and unleaded petrol of a description mentioned in paragraph (b) 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.
Textual Amendments
F32Sch. 2A para. 1(1)(aa) inserted (1.10.2000) by 2000 c. 17, ss. 5(6), 6, Sch. 1 para. 1(1); S.I. 2000/2674, art. 2
Textual Amendments
F6Sch. 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
F72U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 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
[F332(1)A mixture which is higher octane unleaded petrol is produced in contravention of this paragraph if it is produced by adding an octane enhancer to—
(a)unleaded petrol in respect of which duty has been charged at the rate specified in section 6(1A)(a),
(b)unleaded petrol in respect of which a rebate has been allowed under section 13A(1A)(b), or
(c)a mixture of petrol within paragraph (a) or (b),
or by mixing higher octane unleaded petrol with any such petrol as is mentioned in paragraph (a), (b) or (c).
(2)This paragraph is subject to any direction given under paragraph 3.]
Textual Amendments
F33Sch. 2A para. 2 substituted (1.10.2000) by 2000 c. 17, ss. 5(6), 6, Sch. 1 para. 2(1); S.I. 2000/2674, art. 2
Textual Amendments
F8Sch. 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
F92A(1)A mixture which is unleaded petrol is produced in contravention of this paragraph if the mixture is produced by mixing—U.K.
(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.]
Textual Amendments
F9Sch. 2A para. 2A substituted (retrospective to 7.3.2001 at 6pm) by 2001 c. 9, s. 2(3)(5)
F342A(1)A mixture which is unleaded petrol is produced in contravention of this paragraph if the mixture is produced by mixing unleaded petrol of any two or more of the following descriptions—
(a)petrol on which duty has been paid at the rate specified in section 6(1A)(a),
(b)petrol in respect of which a rebate has been allowed under section 13A(1A)(b),
(c)petrol in respect of which a rebate has been allowed under section 13A(1A)(a),
where the mixture produced is petrol of a description subject to a higher effective rate of duty than one or more of the ingredients of the mixture.
(2)The comparison required by sub-paragraph (1) shall be made by reference to the effective rates of duty in force at the time the mixture is produced.
(3)This paragraph is subject to any direction given under paragraph 3.
Textual Amendments
F34Sch. 2A para. 2A inserted (1.10.2000) by 2000 c. 17, ss. 5(6), 6, Sch. 1 para. 3(1); S.I. 2000/2674, art. 2
3U.K.The 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 [F10paragraph 1 F11. . . or 2A above].
Textual Amendments
F10Words in Sch. 2A para. 3 substituted (1.10.2000) by 2000 c. 17, ss. 5(6), 6, Sch. 1 para. 3(2); S.I. 2000/2674, art. 2
F11Words 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
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 [F35paragraph 1, 2 or 2A above].
Textual Amendments
F35Words in Sch. 2A para. 3 substituted (1.10.2000) by 2000 c. 17, ss. 5(6), 6, Sch. 1 para. 3(2); S.I. 2000/2674, art. 2
4U.K.A mixture of heavy oils is produced in contravention of this paragraph if such a mixture is produced by mixing—
(a)gas oil in respect of which a rebate has been allowed under section 11(1)(b) [F12or (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.
Textual Amendments
F12Words in Sch. 2A para. 4(a) inserted (15.8.1997) by 1997 c. 16, s. 7(9)(a); S.I. 1997/1960, art. 2
5U.K.A mixture of heavy oils is produced in contravention of this paragraph if such a mixture is produced by mixing—
(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.
6U.K.A mixture of heavy oils is produced in contravention of this paragraph if such a mixture is produced by mixing—
(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) [F13or (ba)] of this Act.
Textual Amendments
F13Words in Sch. 2A para. 6(b) inserted (15.8.1997) by 1997 c. 16, s. 7(9)(b); S.I. 1997/1960, art. 2
Textual Amendments
F14Sch. 2A para. 6A inserted (15.8.1997) by 1997 c. 16, s. 7(9)(c); S.I. 1997/1960, art. 2
F156AU.K.A mixture of heavy oils is produced in contravention of this paragraph if such a mixture is produced by mixing—
(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.]
Textual Amendments
F15Sch. 2A para. 6A inserted (15.8.1997) by 1997 c. 16, s. 7(9)(c); S.I. 1997/1960, art. 2
7U.K.A mixture of heavy oils is produced in contravention of this paragraph [F16if the production of a mixture of two of the components of that mixture is a contravention of any of paragraphs 4 to 6A above.]
Textual Amendments
F16Words in Sch. 2A para. 7 substituted (15.8.1997) by 1997 c. 16, s. 7(9)(d); S.I. 1997/1960, art. 2
Textual Amendments
F17Sch. 2A Pt. IIA para. 7A inserted (retrospective to 6pm on 17.3.1998) by 1998 c. 36, s. 9(4)(6)
F187AU.K.A mixture of heavy oils is produced in contravention of this paragraph if such a mixture is produced by mixing—
(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.]
Textual Amendments
F18Sch. 2A Pt. IIA para. 7A inserted (retrospectove to 6pm on 17.3.1998) by 1998 c. 36, s. 9(4)
Valid from 24/07/2002
[F19Part 2B Biodiesel
Textual Amendments
F19Sch. 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)
F207B(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.]
Textual Amendments
F19Sch. 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)
F20Sch. 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)
8(1)Subject to paragraph 10 below, duty under section 20AAA(1) of this Act shall be charged at the following rates.U.K.
[F21(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F22(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.]
F23(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F21Sch. 2A para. 8(2) substituted (1.10.2000) by 2000 c. 17, ss. 5(6), 6, Sch. 1 para. 1(2); S.I. 2000/2674, art. 2
F22Sch. 2A para. 8(3A) substituted (retrospective to 7.3.2001 at 6pm) by 2001 c. 9, ss. 2(4)(5)
F23Sch. 2A para. 8(4) repealed (1.10.2000) by 2000 c. 17, s. 156, Sch. 40 Pt. I(1) Note 1; S.I. 2000/2674, art. 2
8(1)Subject to paragraph 10 below, duty under section 20AAA(1) of this Act shall be charged at the following rates.
[F36(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.]
[F37(3)In the case of a mixture produced in contravention of paragraph 2 above, the rate is the rate produced by deducting from the rate referred to in sub-paragraph (2) the rate of rebate which at that time is in force under section 13A(1A)(a) of this Act.]
[F38(3A)In the case of a mixture produced in contravention of paragraph 2A above, the rate is—
(a)in the case of a mixture that is higher octane unleaded petrol, the rate 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(1A)(a);
(b)in the case of a mixture that is neither higher octane unleaded petrol nor ultra low sulphur petrol, the rate 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(1A)(b).]
F39(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F36Sch. 2A para. 8(2) substituted (1.10.2000) by 2000 c. 17, ss. 5(6), 6, Sch. 1 para. 1(2); S.I. 2000/2674, art. 2
F37Sch. 2A para. 8(3) substituted (1.10.2000) by 2000 c. 17. ss. 5(6), 6, Sch. 1 para. 2(2); S.I. 2000/2674, art. 2
F38Sch. 2A para. 8(3A) inserted (1.10.2000) by 2000 c. 17, ss. 5(6), 6, Sch. 1 para. 3(3); S.I. 2000/2674, art. 2
F39Sch. 2A para. 8(4) repealed (1.10.2000) by 2000 c. 17, s. 156, Sch. 40 Pt. I(1) Note 1; S.I. 2000/2674, art. 2
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.
[F24(1A)Subject to paragraph 10 below, duty charged under subsection (2A) 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 [F25by section 6(1A) of this Act in the case of heavy oil which is not ultra low sulphur diesel].
Textual Amendments
F24Sch. 2A para. 9(1A) inserted (retrospective to 6pm on 17.3.1998) by 1998 c. 36, s. 9(5)(6)
F25Words in Sch. 2A para. 9(2) substituted (15.8.1997) by 1997 c. 16, s. 7(9)(f); S.I. 1997/1960, art. 2
10[F26(1)]F27. . . 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 of this Act which the Commissioners are satisfied has been paid in respect of any ingredient of the mixture.
F28(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26Sch. 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
F27Words 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
F28Sch. 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
10[F40(1)][F41Subject to sub-paragraph (2),]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 of this Act which the Commissioners are satisfied has been paid in respect of any ingredient of the mixture.
[F42(2)Sub-paragraph (1) does not apply in the case of any such mixture as is mentioned in paragraph 8(3A)(b) as regards the duty paid in respect of any ingredient in the mixture that is subject to a higher effective rate of duty than the resulting mixture.]
Textual Amendments
F40Sch. 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
F41Words in Sch. 2A para. 10(1) inserted (1.10.2000) by 2000 c. 17, ss. 5(6), 6, Sch. 1 para. 3(4); S.I. 2000/2674, art. 2
F42Sch. 2A para. 10(2) inserted (1.10.2000) by 2000 c. 17, ss. 5(6), 6, Sch. 1 para. 3(4); S.I. 2000/2674, art. 2
11(1)In this Schedule—U.K.
F31(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F29Words in Sch. 2A para. 11 substituted (15.8.1997) by 1997 c. 16, s. 7(9)(g); S.I. 1997/1960, art. 2
F30Sch. 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
F31Sch. 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
11(1)In this Schedule—
[F45(2)References in this Schedule to the effective rate of duty, in relation to petrol of any description, are to the rate of duty in force reduced by any applicable rebate.]
Textual Amendments
F43Words in Sch. 2A para. 11 substituted (15.8.1997) by 1997 c. 16, s. 7(9)(g); S.I. 1997/1960, art. 2
F44Sch. 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
F45Sch. 2A para. 11(2) inserted (1.10.2000) by 2000 c. 17, ss. 5(6), 6, Sch. 1 para. 4; S.I. 2000/2674, art. 2
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