Regulation 72 Relevant breaches or failuresC1I1
“A relevant breach or failure” means any relevant breach or failure described in this regulation.
A relevant breach is where a person—
makes a Customs declaration for a special procedure M1 but the person has no entitlement to make it; or
breaches any requirement relating to the procedure.
A relevant breach is where a person—
breaches the terms of the declaration for an outward processing procedure;
breaches any other requirement in relation to the procedure; or
in the case of goods being processed for any other purpose except for their repair without charge, imports the goods not in accordance with the procedure.
A relevant breach is where a person is in breach of—
section 5(1)(b) of the Act (presentation of goods to Customs on import where required); or
section 35(2) of the Act (export of goods in accordance with the applicable export provisions).
A relevant failure occurs where any of the following apply—
paragraph 1(5) of Schedule 1 to the Act (Customs declaration not made within the 90 day period);
paragraph 3(4) of Schedule 1 to the Act (Customs declaration not made before goods are imported); or
regulation 11(2) (goods treated as not presented and to which section 5(1) of the Act applies).
Annotations
Marginal citations
- M1
See section 3(4) of the Act.
Modifications
- C1
Pts. 1-10 applied (with modifications) (31.12.2020) by The Customs (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1605), regs. 1(1), 32; S.I. 2020/1643, reg. 2, Sch.
Commencement
- I1
Reg. 72 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.