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Finance Act 2008
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- 2008 c. 9
- SCHEDULE 41
- Putting product to use...
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Changes over time for: Cross Heading: Putting product to use that attracts higher duty
Changes to legislation:
Finance Act 2008, Cross Heading: Putting product to use that attracts higher duty is up to date with all changes known to be in force on or before 27 April 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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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 41 para. 6(1A) inserted by 2015 c. 11 Sch. 20 para. 10(2)
- Sch. 41 para. 6A(A1)(1) substituted for Sch. 41 para. 6A(1) by 2015 c. 11 Sch. 20 para. 11(2)
Putting product to use that attracts higher dutyU.K.
3(1)A penalty is payable by a person (“P”) where P does an act which enables HMRC to assess an amount as duty due from P under any of the provisions in the Table below (a “relevant excise provision”).U.K.
| Provision under which assessment may be made | Subject-matter of provision |
|---|---|
| [F1Part 2 of F(No. 2)A 2023 (alcohol duty), section 53(2) | Unauthorised repackaging of qualifying draught products. |
| Part 2 of F(No. 2)A 2023 (alcohol duty), section 78(8) | Spirits: authorised use for certain purposes. |
| Part 2 of F(No. 2)A 2023 (alcohol duty), section 79(2) | Spirits: imported goods not for human consumption.] |
| HODA 1979 section 10(3) | Duty-free oil. |
| HODA 1979 section 13(1A) | Rebated heavy oil. |
| HODA 1979 section 13AB(1)(a) or (2)(a) | Kerosene. |
| HODA 1979 section 13AD(2) | Kerosene. |
| HODA 1979 section 13ZB(1) | Heating oil etc. |
| HODA 1979 section 14(4) | Light oil for use as furnace oil. |
| HODA 1979 section 14D(1) | Rebated biodiesel or bioblend. |
| [F2HODA 1979 section 14F(2)] [F2HODA 1979 section 14F(8)] | [F2Rebated heavy oil or bioblend.] [F2Rebated heavy oil, biodiesel or bioblend] |
| [F3HODA 1979 section 20AAD(5) | Mixtures containing aqua methanol.] |
| HODA 1979 section 23(1B) | Road fuel gas on which no duty paid. |
| HODA 1979 section 24(4A) | Duty-free and rebated oil. |
(2)A penalty is payable by a person (“P”) where P supplies a product knowing that it will be used in a way which enables HMRC to assess an amount as duty due from another person under a relevant excise provision.
Textual Amendments
F1Words in Sch. 41 para. 3 Table substituted (1.8.2023) by Finance (No. 2) Act 2023 (c. 30), s. 120(2), Sch. 13 para. 18(3); S.I. 2023/884, reg. 2(1)(j) (with reg. 10)
F2Words in Sch. 41 para. 3(1) Table substituted (1.10.2021 for N.I.) by Finance Act 2020 (c. 14), Sch. 11 paras. 16, 18; S.I. 2021/740, reg. 3 (with reg. 1(2))
F3Words in Sch. 41 para. 3(1) Table inserted (15.9.2016 for specified purposes, 14.11.2016 in so far as not already in force) by Finance Act 2016 (c. 24), Sch. 16 para. 14, Sch. 17 para. 11
Commencement Information
I1Sch. 41 para. 3 in force at 1.4.2010 with effect in accordance with art. 3 by S.I. 2009/511, art. 2
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