Finance Act 1928
| Jurisdiction | UK Non-devolved |
| Citation | 1928 c. 17 |
| Year | 1928 |
Finance Act, 1928
(18 & 19 Geo. 5.) CHAPTER 17.
An Act to grant certain duties of Customs and Inland Revenue (including Excise), to alter other duties, and to amend the law relating to Customs and Inland Revenue (including Excise) and the National Debt, and to make further provision in connection with finance.
[3rd August 1928]
Most Gracious Sovereign,
We , Your Majesty's most dutiful and loyal subjects the Commons of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled, towards raising the necessary supplies to defray Your Majesty's public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I.
Customs and Excise.
1 Duty on tea.
1. The customs duty at the rate of fourpence per pound which is payable on tea until the first day of August, nineteen hundred and twenty-eight, shall (subject to the provisions contained in section eight of the Finance Act, 1919, with respect to imperial preferential rates of duty), continue to be charged until the first day of August, nineteen hundred and twenty-nine.
2 Duties on hydrocarbon oils.
(1) A customs duty at the rate of fourpence per gallon shall be payable on all hydrocarbon oils imported into the United Kingdom on or after the twenty-fifth day of April, nineteen hundred and twenty-eight, and on all hydrocarbon oils so imported before that date and landed therein on or after that date.
(2) An excise duty at the rate of fourpence per gallon shall be payable on all petroleum oils which on the twenty-fifth day of April, nineteen hundred and twenty-eight, were in the United Kingdom and in the ownership or possession of any person who on that date held more than ten thousand gallons thereof.
(3) There shall be allowed from the duties a rebate at the rate of fourpence per gallon on the delivery for home consumption of any goods other than light oils.
For the purposes of this subsection the expression ‘light oils’ means hydrocarbon oils of which not less than fifty per cent. by volume distils at a temperature not exceeding one hundred and eighty-five degrees centigrade, or of which not less than ninety-five per cent. by volume distils at a temperature not exceeding two hundred and forty degrees centigrade, or which give off an inflammable vapour at a temperature of less than 22.8 degrees centigrade when tested in manner prescribed by the Acts relating to petroleum.
The method of testing oils for the purpose of ascertaining whether they comply with the foregoing provisions relating to the distillation of a certain volume thereof at a certain temperature shall be such as the Commissioners may prescribe.
(4) The excise duty shall not be payable—
(a ) in respect of any petroleum oils which are shown to the satisfaction of the Commissioners to have been used before the eighth day of May, nineteen hundred and twenty-eight, by the person in whose ownership or possession they were, or to have been owned on the said twenty-fifth day of April by a person whose stocks of such oils (excluding any oils used by him as aforesaid) were on that date in the aggregate not more than ten thousand gallons; or
(b ) in respect of any hydrocarbon oils which are shown to the satisfaction of the Commissioners to have been already charged with the customs duty or the excise duty.
(5) In the case of hydrocarbon oils in or removed to a refinery the duties shall be charged on the delivery of any goods from the refinery and shall be the same as those which would be payable on the importation of like goods, and there shall be allowed the same rebate as would be allowed on importation.
(6) A drawback equal to the amount of the duty shown to the satisfaction of the Commissioners to have been paid in respect of the goods in question shall be allowed on the exportation from the United Kingdom or the shipment or deposit in a bonded warehouse for use as ships' stores of any hydrocarbon oils, or of any article in which there is contained any hydrocarbon oil which was used as an ingredient in the manufacture or preparation thereof, and on the loading into any aircraft of any such oils or articles for use on a voyage to a place outside the United Kingdom.
(7) The provisions contained in the First Schedule to this Act shall have effect with respect to the duties and to the drawbacks.
(8) If, on an application made for the purposes of this subsection by the owner of a fishing boat entered in the fishing boat register, it appears to the satisfaction of the Commissioners that the applicant has at any time within the period of six months preceding the date of his application, or within such longer period preceding that date as the Commissioners may in any special case allow, used any quantity of hydrocarbon oil on board the boat, he shall be entitled to obtain from the Commissioners repayment of any duty which has been paid in respect of the oil so used:
Provided that—
(a ) an application for the purposes of this subsection must be made in such manner as the Commissioners may prescribe; and
(b ) no person who has previously made an application under this subsection for repayment of duty shall be entitled to make a further application until the expiration of at least three months from the date on which the last preceding application was made.
In this subsection the expression ‘fishing boat’ means a boat used for the purposes of fishing by a person gaining a substantial part of his livelihood thereby.
(9) In this Act the expression ‘hydrocarbon oils’ means petroleum oils, coal tar, and oils produced from coal, shale, peat or any other bituminous substance, and all liquid hydrocarbons.
(10) In this section and the next following section of this Act and in the First Schedule to this Act—
The expressions ‘the customs duty’ and ‘the excise duty’ mean respectively the customs duty and the excise duty payable under this section:
The expression ‘the duties’ means the customs duty and the excise duty:
The expression ‘the drawbacks’ means the drawbacks to be allowed under this section:
The expression ‘refinery’ means any premises approved by the Commissioners for the treatment of hydrocarbon oils.
3 Supplementary provisions in connection with the duties on hydrocarbon oils.
(1) The Commissioners may by regulations under this section—
(a ) regulate the removal to a refinery without payment of duty of imported hydrocarbon oils;
(b ) regulate or prohibit the removal to a refinery of hydrocarbon oils which are not chargeable with duty or in respect of which any rebate of duty has been allowed;
(c ) prohibit the refining of hydrocarbon oils elsewhere than in a refinery;
(d ) make provision for securing payment of the duty on any imported hydrocarbon oils received into a refinery, and regulate the manufacture and storage of hydrocarbon oils in a refinery and their removal therefrom,
(e ) regulate the warehousing of hydrocarbon oils;
(f ) apply to the duties or drawbacks any of the provisions of the laws of customs or of excise.
(2) If any person acts in contravention of or fails to comply with any regulations made under this section, he shall be liable, at the option of the Commissioners, either to a customs penalty equal to three times the value of the goods (including duty) in respect of which the offence was committed, or to a customs penalty of one hundred pounds, and the goods in respect of which the offence was committed shall be forfeited.
4 Duties, drawbacks and allowances on sugar.
(1) As from the commencement of this section the customs duties in respect of sugar, molasses, glucose and saccharin which are chargeable with duty at the full rate shall, subject to the provisions of this section, be at the rates specified in the second column of Part I. of the Second Schedule to this Act instead of at the rates theretofore in force, and section eight of the Finance Act, 1925 (which makes provision with respect to the preferential rates to be charged on sugar, molasses, glucose and saccharin which are Empire products) shall have effect as if the amounts specified in the third column of Part I. of the Second Schedule to this Act were substituted for the amounts specified in the second column of Part I. of the Third Schedule to that Act.
(2) As from the commencement of this section drawbacks shall be paid and allowances shall be made in respect of sugar, molasses, glucose and saccharin in accordance with the provisions set out in Part II. of the Second Schedule to this Act:
Provided that any reduction effected by this subsection in the rates of any drawbacks and allowances shall not have effect in relation to any goods as respects which it is shown to the satisfaction of the Commissioners that duty was paid at the rates in force before the commencement of this section.
(3) The provisions contained in Part III. of the Second Schedule to this Act shall have effect with respect to the duties and drawbacks to be paid and allowances to be made under this section.
(4) This section shall be deemed to have had effect as from the twenty-fifth day of April, nineteen hundred and twenty-eight:
Provided...
To continue reading
Request your trial