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Regulation 4 Amendment of the Customs (Import Duty) (EU Exit) Regulations 2018

Original text. Later amendments are not shown.

(1)

The Customs (Import Duty) (EU Exit) Regulations 2018f1 are amended as follows.

(2)

In regulation 22 (customs declarations made in paper form)—

(a)

in paragraph (4)—

(i)

in the words before sub-paragraph (a), after “declaration” insert “in paper form”;

(ii)

in sub-paragraph (a) before “TIR” insert “paper version of a”;

(b)

in paragraph (4A)—

(i)

in the words before sub-paragraph (a), after “declaration” insert “in paper form”;

(ii)

in sub-paragraph (a) at the beginning insert “a paper version of”;

(iii)

in sub-paragraph (b) at the beginning insert “a paper version of”.

(3)

In regulation 40A (notification of a liability to pay import duty where declaration made by carnet), in paragraph (3) after “22” insert “(5)”.

(4)

In regulation 45 (interest on late payment of import duty), for paragraph (3) substitute—

“(3)

Where a person is liable to import duty in respect of goods and the liability has—

(a)

arisen because of non-compliance with a Customs obligationf2; or

(b)

been notified as a result of the correction of a Customs declaration which—

(i)

occurred after the goods had been discharged from the Customs proceduref3 for which the declaration was made; and

(ii)

was made, or directed to be made, by an HMRC officerf4 following verification of the declaration,

any such import duty payable also carries interest at the late payment interest rate from the date the person incurred the liability to import duty under the Act until the date the person is notified, or treated as notified, of that liability.

(3A)

For the purposes of paragraph (3), cases in which liability has arisen because of non-compliance with a Customs obligation include any case in which a liability has arisen under sections 4(3), 4(4)(a) where (4)(c) applies, 4(4)(d) or 5(2) of the Act.”.

Annotations

Footnotes

f1

S.I. 2018/1248; relevant amending instruments are S.I. 2019/1346, 2020/386, 2020/1449 and 2025/745.

f2

See regulation 2 of the Customs (Import Duty) (EU Exit) Regulations 2018 for the definition of “Customs obligation”.

f3

See section 3 of the Taxation (Cross-border Trade) Act 2018 for the interpretation of “Customs procedures”.

f4

See section 37(1) of the Taxation (Cross-border Trade) Act 2018 for the definition of “HMRC officer”.