2008 No. 2599
The Hydrocarbon Oil and Bioblend (Private Pleasure-flying and Private Pleasure Craft) (Payment of Rebate etc.) Regulations 2008
Made
Laid before Parliament
Coming into force
The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by sections 13AC(3), (6) and (7), 14E(3), (7) and (8) and 24(1) of the Hydrocarbon Oil Duties Act 19791:
PART 1CITATION, COMMENCEMENT AND INTERPRETATION
Citation and commencement1
These Regulations may be cited as the Hydrocarbon Oil and Bioblend (Private Pleasure-flying and Private Pleasure Craft) (Payment of Rebate etc.) Regulations 2008 and come into force on 1st November 2008.
Interpretation2
In these Regulations—
“business day” means a day that is a business day within the meaning of section 92 of the Bills of Exchange Act 18822;
“the rebate amount” means the amount specified in section 13AC(4) of the Act;
“the Act” means the Hydrocarbon Oil Duties Act 1979.
PART 2PRIVATE PLEASURE-FLYING
Declaration of intention to use rebated kerosene for private pleasure-flying3
A declaration for the purposes of section 13AC(3) of the Act that a quantity of rebated kerosene is to be used for private pleasure–flying3 must be made in the way and form specified by the Commissioners in a notice published by them and not withdrawn by a further notice.
Payment of rebate4
1
For the purposes of section 13AC of the Act (use of rebated kerosene for private pleasure-flying), where a person (“P”) is required to pay the rebate amount, that amount must be paid in accordance with this regulation.
2
Payment must be made to the Commissioners at the address, or into the bank account, provided by them for the purpose.
3
P must pay the rebate amount no later than thirty days after the end of the month in which the declaration giving rise to the obligation to make the payment is made.
4
But where the thirtieth day would fall on a day that is not a business day, payment must be made no later than the last business day before that thirtieth day.
5
In respect of each declaration, the following information must be notified to the Commissioners at the time of payment—
a
P’s name and address;
b
the quantity of rebated kerosene purchased by P;
c
the date on which the quantity of rebated kerosene was purchased;
d
the name and address of the supplier of the quantity of rebated kerosene;
e
the rate of the rebate under section 11(1)(c) of the Act at the time of the declaration ; and
f
the rebate amount in relation to the quantity of rebated kerosene.
6
The notification must be made on a form provided by the Commissioners for the purpose or on any other document provided it contains all the information specified in paragraph (5).
7
P must sign, date and declare on the notification that the information provided in it is true and complete.
Mixture of fuel in fuel tank
5
Regulation 6 applies for the purposes of section 13AC (use of rebated kerosene for private pleasure-flying) and section 13AD (penalties for contravention of section 13AC) of the Act4.
6
1
Paragraphs (2) and (3) apply in cases where—
a
kerosene which must not be used as fuel for private pleasure –flying (“fuel A”); and
b
other kerosene (“fuel B”)
are mixed together by being taken into a fuel tank of an aircraft.
2
When the aircraft is being used for private pleasure-flying the fuel in the mixture that is fuel B shall be treated as being used before the fuel in the mixture that is fuel A.
3
When the aircraft is being used other than for private pleasure-flying the fuel in the mixture that is fuel A shall be treated as being used before the fuel in the mixture that is fuel B.
PART 3PRIVATE PLEASURE CRAFT
Declaration of intention to use rebated heavy oil or bioblend as fuel for propelling private pleasure craft7
A declaration for the purposes of section 14E(3) of the Act that a quantity of rebated heavy oil or bioblend is to be used as fuel for propelling a private pleasure craft5 must be made in the way and form specified by the Commissioners in a notice published by them and not withdrawn by a further notice.
Payment of rebate8
1
Where a person who supplies a quantity of rebated heavy oil or bioblend that is to be used as fuel for propelling a private pleasure craft is required to pay the amount specified in section 14E(4) of the Act, that amount must be paid to the Commissioners at the address, or into the bank account, provided by them for the purpose.
2
Payment must be made no later than twenty-one days after the end of the period for which, in relation to such supplies, a return is required to be made.
3
But where the twenty-first day would fall on a day that is not a business day, payment must be made no later than the last business day before that twenty-first day.
4
In paragraph (2) “return” means a return that a registered dealer in controlled oil is required to make by regulation 9 of the Hydrocarbon Oil (Registered Dealers in Controlled Oil) Regulations 20026 specifically for the purposes of section 14E of the Act.
Mixture of fuel in fuel tank
9
Regulation 10 applies for the purposes of section 14E (rebated heavy oil and bioblend: private pleasure craft) and section 14F (penalties for contravention of section 14E) of the Act7.
10
1
Paragraphs (2) and (3) apply in cases where—
a
heavy oil or bioblend which must not be used as fuel for propelling private pleasure craft (“fuel C”); and
b
other heavy oil or bioblend (“fuel D”)
are mixed together by being taken into the fuel tank of a craft.
2
When the craft is being used as a private pleasure craft the fuel in the mixture that is fuel D shall be treated as being used before the fuel in the mixture that is fuel C.
3
When the craft is being used other than as a private pleasure craft the fuel in the mixture that is fuel C shall be treated as being used before the fuel in the mixture that is fuel D.
(This note is not part of the Regulations)