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HMRC internal manual

Hydrocarbon Oils Strategy

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HM Revenue & Customs
Updated
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Registered Dealers in Controlled Oils (RDCO): RDCO law

Primary Hydrocarbon Oil Duties Act 1979
Customs and Excise Management Act 1979    
     
  Secondary The Hydrocarbon Oil (Registered Dealers in Controlled Oil)

Regulations 2002 (SI 2002/3057)

The Hydrocarbon Oil and Bioblend (Private Pleasure-flying and Private Pleasure Craft)(Payment of Rebate etc) Regulations 2008 (SI 2008/2599)    
  Tertiary Notice 192 in relation to checks and records to be kept
Notice 554 in relation to procedures for charging and collection of excise duty on fuel used in private pleasure craft and for private pleasure-flying and RDCOs’ responsibilities
The Hydrocarbon Oil Duties Act (HODA) 1979 Section 23A Regulation of traders in controlled oil, covers dealing in oil by non-registered traders and provides for a fixed £250 penalty under Section 9 of the Finance Act (FA) 1994 and forfeiture of the oil.
Section14E Rebated heavy oil and bioblend: private pleasure craft covers prohibition of red diesel for propelling private pleasure craft without a declaration and payment of duty on red diesel used for propelling private pleasure craft. Section 14F Penalties for contravention of section 14E provides for a penalty of £250 or 5% of the duty due, whichever is the greater, and potential daily penalties thereafter.  
   

 

| The Hydrocarbon Oil (Registered Dealers in Controlled Oil) Regulations 2002: | || | * specify the conditions and restrictions, including obligations of a RDCO in relation to approval, registration and cessation of trade * provide the Commissioners of Customs and Excise with the power to require security for amounts that may become due by way of repayment of rebate * require returns and notification of certain information, and * require that guidance that the Commissioners of Customs and Excise issue be taken into account in determining whether a RDCO has contravened any provision or failed to comply with any condition, restriction or requirement imposed by or under these regulations. |

The Hydrocarbon Oil and Bioblend (Private Pleasure-flying and Private Pleasure Craft)(Payment of Rebate etc) Regulations 2008
 
* require RDCOs to retain declarations from persons purchasing red diesel for propelling private pleasure craft and kerosene for private pleasure-flying
* require RDCOs who supply red diesel for propelling private pleasure craft to pay the additional duty.
CEMA 1979 Section 100G(4) enables the Commissioners to impose conditions on approved persons ‘as they may think fit’.
 
CEMA 1979 Section 100J provides for fixed penalties of £250 under section 9 of the Finance Act 1994 for contraventions of any provisions of the above regulations.
 
CEMA 1979 Section 118G provides for fixed penalties of £250 under Section 9 of the Finance Act 1994 for failure to comply with Sections 118A and 118B concerning the keeping, preserving and producing of records, and also provides for daily penalties in the case of failure to keep or produce records.