OpenLegislation

Regulation 86 Cases in which an application for approval may not be madeC1C2C3C4I1I2C5

(1)

A person may not make an application for approval if—

(a)

the application is in respect of the same matter as a previous approval;

(b)

notice was given as provided by section 23(5)(d) of the Act that the previous approval F1is treated as if it had never been granted; and

(c)

the application is made within a period of three years F2from the date the notice.

(2)

Except as provided by paragraph (3), a person may not make an application for approval if—

(a)

the application is in respect of the same matter as a previous approval;

(b)

the previous approval was revoked for failure to comply with the conditions of the approval; and

(c)

the application is made within a period of one year F3from the date of the revocation.

(3)

A person may not make an application for authorisation as an authorised economic operator if—

(a)

a previous authorisation as an authorised economic operator was revoked for failure to comply with the conditions of the authorisation; and

(b)

the application is made within a period of three years F4from the date of the revocationF5.

(4)

For the purposes of this regulation—

(a)

references to an approval or authorisation include an approval or authorisation—

(i)

granted before F6IP completion day under the EU Customs Code; or

(ii)

treated as valid under Article 251 of the Delegated Regulation,

which corresponds to an approval which may be granted under these Regulations and, in relation to such an approval or authorisation, F7reference to conditions of the approval or the authorisation includes conditions specified in the EU Customs Code or in the Regulations referred to in Article 251 of the Delegated Regulation; and

(b)

a reference to a notice given under section 23(5)(d) of the Act includes a reference to a notification of an annulment of a decision under Article 27 of the UCC F8where the holder of the decision was notified of the annulment under Article 27(2) of the UCC before IP completion day.

Annotations

Textual amendments

F1

Words in reg. 86(1)(b) substituted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 6(21)(a); S.I. 2020/1643, reg. 2, Sch.

F2

Words in reg. 86(1)(c) substituted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 6(21)(b); S.I. 2020/1643, reg. 2, Sch.

F3

Words in reg. 86(2)(c) substituted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 6(21)(b); S.I. 2020/1643, reg. 2, Sch.

F4

Words in reg. 86(3)(b) substituted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 6(21)(b); S.I. 2020/1643, reg. 2, Sch.

F5

Reg. 86(3)(b) full-stop inserted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 6(21)(c); S.I. 2020/1643, reg. 2, Sch.

F6

Words in reg. 86(4)(a)(i) substituted (31.12.2020) by The Customs (Transitional) (EU Exit) Regulations 2020 (S.I. 2020/1449), regs. 1(2), 11(4); S.I. 2020/1643, reg. 2, Sch.

F7

Words in reg. 86(4)(a) substituted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 6(21)(d); S.I. 2020/1643, reg. 2, Sch.

F8

Words in reg. 86(4)(b) inserted (31.12.2020) by The Customs (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1605), regs. 1(1), 37(6); S.I. 2020/1643, reg. 2, Sch.

Modifications

C1

Pt. 9 modified (31.12.2020) by The Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018 (S.I. 2018/1249), regs. 1(2), 42(4); S.I. 2020/1643, reg. 2, Sch.

C2

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.

C3

Pt. 9 applied (with modifications) (22.2.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Customs (Export) (EU Exit) Regulations 2019 (S.I. 2019/108), regs. 1(3)(d), 59(1); S.I. 2020/1643, reg. 2, Sch.

C4

Pt. 9 modified (1.10.2020 for specified purposes, 31.12.2020 in so far as not already in force) by The Customs (Bulk Customs Declaration and Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/967), regs. 1(2)(4)(b), 3(2); S.I. 2020/1643, reg. 2, Sch.

C5

Regs. 85-91 applied (31.12.2020) by The Customs (Reliefs from a Liability to Import Duty and Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1431), regs. 1, 8; S.I. 2020/1643, reg. 2, Sch.

Commencement

I1

Reg. 86 in force at 2.1.2019 for specified purposes, see reg. 1(4)(c)

I2

Reg. 86 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1643, reg. 2, Sch.

Notes on Part 9

Modifications

C1

Pt. 9 modified (2.1.2019) by The Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018 (S.I. 2018/1249), regs. 1(3)(c), 3 (with reg. 8)

C2

Pt. 9 applied (with modifications) (22.2.2019 for specified purposes) by The Customs (Export) (EU Exit) Regulations 2019 (S.I. 2019/108), regs. 1(3)(d), 59(1)