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125B
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Functions
of the Administrator: supplementary
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(1)
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The powers that may be conferred
on the Administrator by virtue of
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section
125A(1) include, in particular—
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(a)
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power to require a transport
fuel supplier to provide the
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Administrator
with such information as the Administrator
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5
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may
require for purposes connected with the carrying out of
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the
Administrator’s functions;
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(b)
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power to impose requirements
as to the form in which such
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information
must be provided and as to the period within
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which
it must be provided;
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10
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(c)
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power to imposes charges of
specified amounts on transport
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(2)
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The Secretary of State may
give written directions to the
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Administrator
about the exercise of any power conferred on the
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Administrator
by virtue of subsection (1)(a) or (b).
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15
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(3)
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The power to give directions
under subsection (2) includes power to
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vary
or revoke the directions.
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(4)
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The Administrator must comply
with any directions given under
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(5)
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Sums received by the Administrator
by virtue of provision within
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20
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(a)
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where the Administrator is the
Secretary of State, must be
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paid
into the Consolidated Fund, and
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(b)
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otherwise, must be used for
the purpose of meeting costs
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incurred
in carrying out the Administrator’s functions.
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25
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(6)
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The Secretary of State may
make grants to the Administrator on such
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terms
as the Secretary of State may determine.
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125C
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Transfer
of functions to new Administrator
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(1)
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The Secretary of State may by
order—
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(a)
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appoint a person as the Administrator
(“the new
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30
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Administrator”)
in place of a person previously so appointed
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by
order under this Chapter (“the old Administrator”),
and
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(b)
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provide for the transfer of
the functions of the old
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Administrator
to the new Administrator.
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(2)
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Only the following persons
may be appointed as the Administrator
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35
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by
order under this section—
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(a)
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the Secretary of State;
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(b)
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a body or other person established
or appointed by or under
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any
enactment to carry out other functions;
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(c)
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a body corporate established
by the order for appointment as
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40
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(3)
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An order under this section
that establishes a body for appointment
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as
the Administrator may make any provision that may be made by
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an
RTF order by virtue of section 125.
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(4)
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An order under this section
may provide for the transfer of staff of
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45
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the
old Administrator, and of any property, rights or liabilities to
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which
the old Administrator is entitled or subject, to the new
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Administrator
and may, in particular—
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(a)
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provide for the transfer of
any property, rights or liabilities to
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have
effect subject to exceptions or reservations specified in
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or
determined under the order;
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5
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(b)
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provide for the creation of
interests in, or rights over,
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property
transferred or retained or for the creation of new
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(c)
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provide for the order to have
effect in spite of anything that
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would
prevent or restrict the transfer of the property, rights
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10
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or
liabilities otherwise than by the order.
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(5)
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The order may, in particular—
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(a)
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provide for anything done by
or in relation to the old
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Administrator
to have effect as if done by or in relation to the
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15
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(b)
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permit anything (which may include
legal proceedings)
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which
is in the process of being done by or in relation to the
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old
Administrator when the transfer takes effect to be
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continued
by or in relation to the new Administrator;
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(c)
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provide for a reference to the
old Administrator in an
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20
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instrument
or other document to be treated as a reference to
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(d)
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where the old Administrator
was established by order under
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this
Chapter, make provision for the dissolution of the old
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25
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(e)
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make such modifications of any
enactment relating to the old
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Administrator
or the new Administrator as the Secretary of
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State
considers appropriate for the purpose of facilitating the
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(6)
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An order under this section
that provides for the transfer of staff of
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30
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the
old Administrator to the new Administrator must make
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provision
for the Transfer of Undertakings (Protection of
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Employment)
Regulations 2006 to apply to the transfer.
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(7)
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Subject to subsection (8),
an order under this section is subject to the
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negative
resolution procedure.
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35
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(8)
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The power to make an order
under this section is subject to the
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affirmative
resolution procedure if the order—
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(a)
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contains provision by virtue
of subsection (2)(c), or
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(b)
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makes any modification of an
enactment contained in—
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(i)
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an Act of Parliament,
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40
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(ii)
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an Act of the Scottish Parliament,
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(iii)
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a Measure or Act of the National
Assembly for Wales,
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(iv)
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Northern Ireland legislation.”.
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Determination of amounts
of transport fuel
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45
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3
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In section 126 (determination
of amounts of transport fuel), after subsection
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“(5)
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If an RTF order makes provision
for the counting or determination of
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amounts
of transport fuel for the purposes of provision made by or
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under
this Chapter by reference to any document, it may provide for
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references
to the document to have effect as references to it as revised
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5
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or
re-issued from time to time.
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(6)
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The Secretary of State may
give written directions to the
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Administrator
about the exercise of any of the Administrator’s
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functions
in connection with the counting or determination of
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amounts
of transport fuel for the purposes of provision made by or
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10
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(7)
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The power to give directions
under subsection (6) includes power to
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vary
or revoke the directions.
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(8)
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The Administrator must comply
with any directions given under
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15
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Discharge of obligation
by payment
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4
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In section 128 (discharge
of obligation by payment), for subsections (6) and
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“(6)
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Where the Administrator is the
Secretary of State—
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(a)
|
sums received by the Administrator
by virtue of this section
|
|
20
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must
be paid into the Consolidated Fund, and
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|
(b)
|
an RTF order may make provision
for sums to be paid by the
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Administrator
to transport fuel suppliers, or to transport fuel
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suppliers
of a specified description, in accordance with the
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specified
system of allocation.
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25
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(7)
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Such an order must contain
provision ensuring that the total of the
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sums
so paid by the Administrator does not at any time exceed the
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total
of the sums so received by the Administrator up to that time.
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(8)
|
Where the Administrator is
a person other than the Secretary of
|
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|
30
|
|
(a)
|
require the Administrator to
use, to the specified extent, sums
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received
by the Administrator by virtue of this section for the
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|
purpose
of meeting costs incurred in carrying out the
|
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|
Administrator’s
functions, or
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|
(b)
|
require the Administrator to
pay, to the specified extent,
|
|
35
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sums
so received to the Secretary of State.
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(9)
|
Sums so received which are
not dealt with in accordance with
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provision
made under subsection (8) must be paid by the
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|
Administrator
to transport fuel suppliers, or to transport fuel
|
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|
suppliers
of a specified description, in accordance with the specified
|
|
40
|
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|
(10)
|
The Secretary of State must
pay sums received by the Secretary of
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|
State
by virtue of provision made under subsection (8)(b) into the
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5
|
In section 129 (imposition
of civil penalties), for subsection (7) substitute—
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“(7)
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Sums received by the Administrator
by virtue of this section—
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|
(a)
|
where the Administrator is the
Secretary of State, must be
|
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|
|
paid
into the Consolidated Fund, and
|
|
5
|
|
(b)
|
otherwise, must be paid to the
Secretary of State, who must
|
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|
pay
them into the Consolidated Fund.”.
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|
Disclosure of information
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6
|
After section 131 insert—
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|
“131A
|
Disclosure
of information held by Revenue and Customs
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|
10
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|
(1)
|
This section applies to information
held by or on behalf of the
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|
Commissioners
for Her Majesty’s Revenue and Customs in
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|
connection
with their functions under or by virtue of the
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|
Hydrocarbon
Oil Duties Act 1979.
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|
(2)
|
Such information may be disclosed
to—
|
|
15
|
|
(a)
|
the Administrator, or
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|
(b)
|
an authorised person,
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|
for
the purposes of or in connection with the Administrator’s
|
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(3)
|
In this Chapter “authorised
person” means a person who—
|
|
20
|
|
(a)
|
provides services to, or exercises
functions on behalf of, the
|
|
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|
(b)
|
is authorised by the Administrator
to receive information to
|
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|
which
this section applies.
|
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|
(4)
|
The Administrator may authorise
such a person to receive
|
|
25
|
|
information
to which this section applies either generally or for a
|
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|
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|
131B
|
Further
disclosure of information
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(1)
|
This section applies to information
disclosed under section 131A,
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|
other
than information which is also provided to the Administrator
|
|
30
|
|
or
an authorised person otherwise than under that section.
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|
(2)
|
Information to which this section
applies may not be disclosed—
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|
(a)
|
by the Administrator,
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|
(b)
|
by an authorised person, or
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|
(c)
|
by any other person who obtains
it in the course of providing
|
|
35
|
|
services
to, or exercising functions on behalf of, the
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|
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|
except
as permitted by the following provisions of this section.
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|
(3)
|
Subsection (2) does not apply
to a disclosure made—
|
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|
(a)
|
by the Administrator to an authorised
person,
|
|
40
|
|
(b)
|
by an authorised person to the
Administrator, or
|
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|
|
(c)
|
by an authorised person to another
authorised person,
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| |
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| |
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for
the purposes of, or in connection with, the discharge of the
|
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|
Administrator’s
functions.
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|
(4)
|
Subsection (2) does not apply
to a disclosure if it is—
|
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|
|
(a)
|
authorised by an enactment,
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|
(b)
|
made in pursuance of an order
of a court,
|
|
5
|
|
(c)
|
made for the purposes of a criminal
investigation or criminal
|
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|
|
proceedings
(whether or not within the United Kingdom)
|
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|
relating
to a matter in respect of which the Administrator has
|
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|
(d)
|
made for the purposes of civil
proceedings (whether or not
|
|
10
|
|
within
the United Kingdom) relating to a matter in respect of
|
|
|
|
which
the Administrator has functions,
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|
(e)
|
made with the consent of the
Commissioners for Her
|
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|
|
Majesty’s
Revenue and Customs, or
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|
(f)
|
made with the consent of each
person to whom the
|
|
15
|
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|
(1)
|
A person commits an offence
if—
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|
(a)
|
he discloses information about
a person in contravention of
|
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|
20
|
|
(b)
|
the person’s identity
is specified in the disclosure or can be
|
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|
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|
(2)
|
In subsection (1) “information
about a person” means revenue and
|
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|
|
customs
information relating to a person within the meaning of
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|
|
section
19(2) of the Commissioners for Revenue and Customs Act
|
|
25
|
|
2005
(wrongful disclosure).
|
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|
(3)
|
It is a defence for a person
charged with an offence under this section
|
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|
|
to
prove that he reasonably believed—
|
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|
|
(a)
|
that the disclosure was lawful,
or
|
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|
(b)
|
that the information had already
and lawfully been made
|
|
30
|
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|
(4)
|
A person guilty of an offence
under this section is liable—
|
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|
|
(a)
|
on conviction on indictment,
to imprisonment for a term not
|
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|
|
exceeding
two years or a fine or both, or
|
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|
(b)
|
on summary conviction, to imprisonment
for a term not
|
|
35
|
|
exceeding
twelve months or a fine not exceeding the
|
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|
|
statutory
maximum or both.
|
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|
(5)
|
A prosecution for an offence
under this section—
|
|
|
|
(a)
|
may be brought in England and
Wales only with the consent
|
|
|
|
of
the Director of Public Prosecutions;
|
|
40
|
|
(b)
|
may be brought in Northern Ireland
only with the consent of
|
|
|
|
the
Director of Public Prosecutions for Northern Ireland.
|
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|
|
(6)
|
In the application of this section—
|
|
|
|
(a)
|
in England and Wales, in relation
to an offence committed
|
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|
|
before
the commencement of section 154(1) of the Criminal
|
|
45
|
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| |
|
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| |
|
|
the
reference in subsection (4)(b) to twelve months is to be read as
a
|
|
|
|
reference
to six months.”.
|
|
|
|
|
|
|
7 (1)
|
Section 132(1) (interpretation
of Chapter 5 of Part 2) is amended as follows.
|
|
|
|
(2)
|
For the definition
of “Administrator” substitute—
|
|
5
|
|
““Administrator” means the person for the time
being
|
|
|
|
appointed
as the Administrator by order under this
|
|
|
|
|
|
|
(3)
|
In the appropriate
place insert—
|
|
|
|
““authorised person” has the meaning given by
section
|
|
10
|
|
|
|
|
|
|
|
(a)
|
an enactment contained
in subordinate legislation,
|
|
|
|
(b)
|
an enactment contained
in, or in an instrument made
|
|
|
|
under,
an Act of the Scottish Parliament,
|
|
15
|
|
(c)
|
an enactment contained
in, or in an instrument made
|
|
|
|
under,
Northern Ireland legislation, and
|
|
|
|
(d)
|
an enactment contained
in, or in an instrument made
|
|
|
|
under,
a Measure or Act of the National Assembly for
|
|
|
|
|
20
|
|
(4)
|
In section 196(1)
of the Energy Act 2004 (c. 20)
(general interpretation), in the
|
|
|
|
definition of “enactment”,
after ““enactment”” insert “(except
in Chapter 5 of
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|
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| |
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|
