Chapter 1 of Part 2 of the Finance Act 2001 is amended -

(a) in section 105B(1) by substituting "Subject to subsections (2), (3) and (4) and to section 105BA" for "Subject to subsections (2) and (3)", and

(b) by inserting the following section after section 105B:

"Unjust enrichment.

105BA.

(1) In this section -

'claimant' means a person who submits a claim for repayment under section 105B(1);

'overpaid amount' means an amount which is subject to repayment under section 105B(1).

(2) Where the Commissioners, in accordance with subsection (3), determine that the repayment of an overpaid amount, or any part of that amount, would result in the unjust enrichment of the claimant, they shall not repay that amount or part thereof.

(3) For the purposes of determining whether a repayment referred to in subsection (2) would result in the unjust enrichment of the claimant, the Commissioners shall, in relation to the overpaid amount concerned, have regard to -

(a) the extent to which the cost of that overpaid amount was, for practical purposes, passed on by that claimant to any other person or persons in the price charged for the excisable products, vehicles or other goods or services concerned,