PART 1 CITATION, COMMENCEMENT AND INTERPRETATION

Citation and commencement

1. 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.

Interpretation

2. 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 1882( 2 );

“the rebate amount” means the amount specified in section 13AC(4) of the Act;

“the Act” means the Hydrocarbon Oil Duties Act 1979.

PART 2 PRIVATE PLEASURE-FLYING

Declaration of intention to use rebated kerosene for private pleasure-flying

3. A declaration for the purposes of section 13AC(3) of the Act that a quantity of rebatedkerosene is to be used for private pleasure–flying( 3 ) must be made in the way and form specified by the Commissioners in a notice published by them and not withdrawn by a further notice.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 rebate

4. —(1) For the purposes of section 13AC of the Act (use of rebatedkerosene 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 rebatedkerosene purchased by P;

(c) the date on which the quantity of rebatedkerosene was purchased;

(d) the name and address of the supplier of the quantity of rebatedkerosene;

(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 rebatedkerosene.

(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 Act( 4 ).

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 3 PRIVATE PLEASURE CRAFT

Declaration of intention to use rebated heavy oil or bioblend as fuel for propelling private pleasure craft

7. A declaration for the purposes of section 14E(3) of the Act that a quantity of rebatedheavy oil or bioblend is to be used as fuel for propelling a private pleasure craft( 5 ) 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 rebate

8. —(1) Where a person who supplies a quantity of rebatedheavy 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 2002( 6 ) 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 Act( 7 ).

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.

Northern Ireland

11.—(1) This Part does not apply in relation to fuel supplied for use in private pleasure craft in Northern Ireland on or after 1st October 2021.

(2) References to Northern Ireland do not include any of the territorial sea of the United Kingdom that is adjacent to Northern Ireland.