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Hydrocarbon Oil Duties Act 1979

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24 Control of use of duty-free and rebated oil.U.K.

(1)The Commissioners may make regulations for any of the purposes of [F1section 6(3)] section 9(1) or (4), section 12 [F2section 13A][F3, section 14(1), section 17, section 18(1), section 19 or section 19A above], and in particular for the purposes specified in Schedule 4 to this Act.

(2)Regulations made for the purposes of section 12 above may provide for restricting (whether by reference to locality, the obtaining of a licence from the Commissioners or other matters) the cases in which payments to the Commissioners under subsection (2) of that section are to be effective for the purposes of that subsection.

(3)For the purposes of the Customs and Excise Acts 1979, the presence in any hydrocarbon oil of a marker which, in regulations made under this section, is prescribed in relation to—

(a)oil delivered without payment of duty under section 9 above; or

(b)rebated heavy oil or rebated light oil,

shall be conclusive evidence that that oil has been so delivered or, as the case may be, that the rebate in question has been allowed.

(4)A person who contravenes or fails to comply with any regulation made under this section shall be liable on summary conviction to a penalty of three times the value of any goods in respect of which the offence was committed or [F4level 3 on the standard scale], whichever is the greater; and the goods shall be liable to forfeiture.

(5)Schedule 5 to this Act shall have effect with respect to any sample of hydrocarbon oil taken in pursuance of regulations made under this section.

Textual Amendments

F1Words inserted by virtue of Finance Act 1982 (c. 39, SIF 40:1), s. 4(3)

F4Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) by S.I. 1984/703, (N.I. 3) arts. 5, 6

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