LegalizeThe Customs Controls on Importation of Goods Regulations 1991
MadeMade: 4th December 1991
Laid before Parliament: 11th December 1991
Coming into force: 1st January 1992
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Citation and commencement
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Interpretation
2
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Presentation
3
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Summary declaration
4
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Entry
5
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Amendment of the Customs and Excise Management Act 1979
6
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Provisions of statutory instruments disapplied to certain goods
7
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Offences, penalty and forfeiture
8
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Repeal
9
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Supplementary
10
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SCHEDULE 1 — FORM OF PRESENTATION
SCHEDULE 2 — FORM OF SUMMARY DECLARATION
SCHEDULE 3 — DISAPPLICATION OF ENACTMENTS TO GOODS FROM OUTSIDE EC
| The Ships' Report, Importation and Exportation by Sea Regulations 1981[^f00014] | |
|---|---|
| Regulations to be disapplied | |
| Regulation 8 | Landing, unloading, removal |
| Regulation 9 | Transhipment |
| The Aircraft (Customs and Excise) Regulations 1981[^f00015] | |
| Regulations to be disapplied | |
| Regulation 4(1)(e) | Unloading |
| Regulation 4(1)(f) | Transit sheds |
| Regulation 4(2)(b) | Failure to arrive at examination stations |
| Regulation 5 | Conditions of unloading |
| Regulation 6 | Removal of unloaded goods |
SCHEDULE 4 — OFFENCES
| Provisions of the Council Regulation | |
|---|---|
| Article 38(1) | Imported goods to be conveyed to a customs office or a free zone by a specified route. |
| Article 39(1) | Importer to notify the customs authorities where unable to comply with Article 38(1). |
| Article 39(2) | Person in charge of ship or aircraft forced into United Kingdom to notify the customs authorities when he cannot comply with the provisions of Article 38(1). |
| Article 39(3) | Goods to be brought under customs control. |
| Article 40 | Imported goods to be presented. |
| Article 42 | Authorised sampling of goods. |
| Article 43 | Summary declaration to be lodged for all goods presented. |
| Article 44(1) | Summary declaration to be in prescribed form. |
| Article 46(1) | Unloading or transhipment by permission and at approved places; notification of unauthorised unloading due to imminent danger. |
| Article 46(2) | Goods to be unloaded as required. |
| Article 47 | Unauthorised removal of goods. |
| Articles 49(1) and 59 | Goods to be entered within prescribed period. |
| Article 51(1) | Goods in temporary storage to be stored in approved places. |
| Article 52 | Forms of handling of goods in temporary storage. |
Signed
Alexander W. Russell — Commissioner of Customs and Excise — 1991-12-04
Explanatory note
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Footnotes
[^f00001]: 1972 c. 68.
[^f00002]: S.I. 1977/980.
[^f00003]: 1979 c. 2.
[^f00005]: Section 20 was amended by the Finance Act 1987 (c. 16), section 6(1). The provision as to penalty in section 20(3) was amended in its application to England and Wales by the Criminal Justice Act 1982 (c. 48), section 46; in its application to Scotland by the Criminal Procedure (Scotland) Act 1975 (c. 21), section 289G (which was inserted by the Criminal Justice Act 1982, section 54); and in its application to Northern Ireland by S.I. 1984/703 (N.I. 3).
[^f00006]: Section 22(3) was amended by the provisions which are mentioned in footnote (a) to regulation 6(2).
[^f00007]: Section 25 was amended by the Finance Act 1987 (c. 16), section 6(2). The provision as to penalty in section 25(3) was amended by the provisions mentioned in footnote (a) to regulation 6(2).
[^f00008]: Section 37 was amended by the Finance Act 1981 (c. 35), section 10(1) and Schedule 6, paragraph 1 and section 139(6) and Schedule 19, Part I; section 37(2)(aa) was added by the Finance Act 1984 (c. 43), section 8 and Schedule 4, Part II, paragraph 3. The application of the section to postal packets was modified by S.I. 1986/260.
[^f00009]: The provision as to penalty in section 42(2) was amended by the provisions mentioned in footnote (a) to regulation 6(2).
[^f00010]: The levels of the penalties on the standard scale currently in force are set out in S.I. 1984/447 (England and Wales), S.I. 1984/526 (Scotland) and S.R. (N.I.) 1984 No. 253 (Northern Ireland); these penalties are increased by section 17 of the Criminal Justice Act 1991 (c. 53) with effect from a date to be appointed by the Secretary of State under section 102 of that Act.
[^f00011]: 1987 c. 16.
[^f00012]: The provision as to penalty in section 139(7) was amended by the provisions mentioned in footnote (a) to Regulation 6(2).
[^f00013]: Section 147(2) was amended by the Magistrates' Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 176; section 147(5) was repealed by the Criminal Justice Act 1982 (c. 48), section 77 and Schedule 14, paragraph 42 and section 78 and Schedule 16; section 151 was amended by the Magistrates' Courts Act 1980, section 154 and Schedule 7, paragraph 177; section 153(4) was inserted by the Finance Act 1981 (c. 35), section 11 and Schedule 8, Part I, paragraph 9.
[^f00014]: S.I. 1981/1260.
[^f00015]: S.I. 1981/1259.
[^f00016]: OJ No.L 367, 31.12.88, p.1.
[^f00017]: OJ No.L 205, 13.8.79, p.19.
Editorial notes
| Provisions of the Commission Regulation | |
|---|---|
| Article 183(1) | Summary declaration to be signed by person making it. |
| Article 184(1) | Re–presentation of goods not unloaded. |
| Article 184(2) | Re–presentation of unloaded goods. |
| Article 186 | Special declaration to be lodged when required for goods in temporary storage. |
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