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