Rebate of duty

F114DPenalties for misuse of rebated biodiesel or bioblend

(1)

If biodiesel or bioblend is used or taken into a road vehicle in contravention of section 14C(1) or (2), the Commissioners may assess the amount specified in section 14C(4) as being excise duty due from any person who—

(a)

used the biodiesel or bioblend, or

(b)

was liable for it being taken into the vehicle,

and may notify the person or the person's representative accordingly.

(2)

Conduct within any of the following paragraphs attracts a penalty under section 9 of the Finance Act 1994 (civil penalties)—

(a)

using biodiesel or bioblend in contravention of section 14C(1) or (2),

(b)

becoming liable for biodiesel or bioblend being taken into a vehicle or the fuel supply of an engine in contravention of section 14C(1) or (2), and

(c)

supplying biodiesel or bioblend, F2having reason to believe that it will be put to a particular use that is a prohibited use.

(3)

A person commits an offence if—

(a)

the person intentionally uses biodiesel or bioblend in contravention of section 14C(1) or (2),

(b)

the person is liable for biodiesel or bioblend being taken into a vehicle or the fuel supply of an engine in contravention of section 14C(1) or (2), and knows that the taking in is in contravention of that provision, or

(c)

the person supplies biodiesel or bioblend, intending that it will be put to a particular use that is a prohibited use.

(4)

“Prohibited use” means a use that would contravene section 14C(1) or (2) if no payment under section 14C(3) were made in respect of the biodiesel or bioblend.

(5)

A person guilty of an offence under this section is liable—

(a)

on summary conviction, to—

(i)

a fine not exceeding the statutory maximum or (if it is greater) 3 times the value of the biodiesel or bioblend in question, or

(ii)

imprisonment for a term not exceeding 12 months,

or both, and

(b)

on conviction on indictment, to a fine or imprisonment for a term not exceeding 7 years or both.

(6)

Subsection (5)(a)(ii) has effect as if the reference there to 12 months were to 6 months—

(a)

in this section as it extends to England and Wales, in relation to offences committed before the commencement of section 282 of the Criminal Justice Act 2003 (increase in maximum term that may be imposed on summary conviction of offence triable either way), and

(b)

in this section as it extends to Northern Ireland.