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Regulation 72 Relevant breaches or failuresC1I1

(1)

“A relevant breach or failure” means any relevant breach or failure described in this regulation.

(2)

A relevant breach is where a person—

(a)

makes a Customs declaration for a special procedure M1 but the person has no entitlement to make it; or

(b)

breaches any requirement relating to the procedure.

(3)

A relevant breach is where a person—

(a)

breaches the terms of the declaration for an outward processing procedure;

(b)

breaches any other requirement in relation to the procedure; or

(c)

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.

(4)

A relevant breach is where a person is in breach of—

(a)

section 5(1)(b) of the Act (presentation of goods to Customs on import where required); or

(b)

section 35(2) of the Act (export of goods in accordance with the applicable export provisions).

(5)

A relevant failure occurs where any of the following apply—

(a)

paragraph 1(5) of Schedule 1 to the Act (Customs declaration not made within the 90 day period);

(b)

paragraph 3(4) of Schedule 1 to the Act (Customs declaration not made before goods are imported); or

(c)

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.