HCOTEG37500 – Relevant Law: The Hydrocarbon Oil (Registered Remote Markers) Regulations 2005

SectionSection titleSummary and comments
3Approval and registrationBorrows on Section 100G of the Customs and Excise management Act 1979 for power to register.
4Certificates of registrationWe must give them saying what they can mark and where.
5Revocation or variation of approval and registrationWe must give 60 days notice unless it’s a change the trader requests.
6Privileges of a registered remote markerThey may mark after delivery for home use and trader doesn’t have to own the oil.
7Withdrawal or restriction of privilegesWe can do this whilst the 60 day notice is being served but only to protect the revenue.
8General conditions and restrictionsWe can set conditions in a notice. They can only mark what and where we say so. They must tell HMRC of any changes of circumstance.
9Conditions for relief to be allowedThe marker and the owner must ensure a properly truthfully completed HO9 is sent in and this form does not cover oil on any other HO9.
10SecurityHMRC can demand it or demand additional security.
11Relieved hydrocarbon oil to be treated as rebated oil…is mentioned in the Hydrocarbon Oil Duties Act 1979
12Relief…is allowed if un-rebated oil would get relief if marked according to our conditions> Prescribes appropriate rate.
13Relief that is not allowed…if HMRC thinks so.
14The excise goods (holding, movement, warehousing and REDS) regulations 1992Amends section 2(1)
15The Excise Duties (Deferred Payment) Regulations 1992Amends section 6(1)
16Consequential Amendments to other regulationsWarehousekeepers and Owners of Warehouse Goods Regulations 1999 – omits definition of REDS Regulation 27 of the Excise Goods (Sales on board Ships and Aircraft) Regulations