The Hydrocarbon Oil (Registered Remote Markers) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations come into force on 10th January 2006. They provide the machinery, and prescribe the procedures to be followed, for the approval and registration of registered remote markers engaged in marking gas oil, kerosene, or light oil used as furnace fuel with approved fiscal markers as a condition of entitlement to relief from excise duty.

The Regulations further implement Article 14 of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ No. L283, 31.10.2003, p.51). That Article is concerned with exemptions from, and reductions in, excise duty on energy products; including oils that Council Directive 95/60/EC on the fiscal marking of gas oils and kerosene (OJ No. L291, 6.12.1995, p.46) requires to be marked. Transposition notes for these Directives are available at www.hmrc.gov.uk.

Content of the Regulations: U.K.

Regulation 1 provides for citation and commencement.

Regulation 2 defines certain terms used in the Regulations.

Regulation 3 provides for the approval and registration of registered remote markers.

Regulation 4 requires the Commissioners to provide each registered remote marker with a certificate of registration, containing the individual particulars of each registration.

Regulation 5 regulates the revocation or variation of approval and registration.

Regulation 6 specifies the privileges accorded to registered remote markers.

Regulation 7 regulates the withdrawal or restriction of privileges.

Regulation 8 is concerned with the general conditions and restrictions imposed on registered remote markers.

Regulation 9 prescribes conditions that must be complied with for relief to be allowed.

Regulation 10 enables the Commissioners to require financial security (bonds, guarantees etc).

Regulation 11 provides for oil on which relief from excise duty has been allowed in accordance with the Regulations to be treated as oil on which a rebate has been allowed.

Regulation 12 prescribes the circumstances in which such relief from excise duty is allowed, and the appropriate rate.

Regulation 13 prescribes consequences for cases were relief is not allowed.

Regulations 14 to 16 make amendments to the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 (S.I. 1992/3135), the Excise Duties (Deferred Payment) Regulations 1992 (S.I.1992/3152), the Warehousekeepers and Owners of Warehoused Goods Regulations 1999 (S.I. 1999/1278), and the Excise Goods (Sales on Board Ships and Aircraft) Regulations 1999 (S.I. 1999/1565).

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of business, charities or voluntary bodies.