Regulation 38 Transfer of an import licence or extractI1

United Kingdom

(1)

A person to whom an import licence has been granted (in this regulation, “the transferor”) may apply to the Secretary of State for the transfer of that licence, or for the transfer of an extract from that licence (an “extract”), to another person (“the transferee”).

(2)

An application for the transfer of an extract from a licence must specify the quantity of goods proposed for extraction from those remaining to be imported under the licence.

(3)

The Secretary of State may approve the transfer of the licence, or an extract from the licence, if the Secretary of State is satisfied—

(a)

that the transferee is an operator; and

(b)

where applicable, the transferee meets the same requirements as had been applied to the transferor for the grant of the licence under regulation 23(5) (in respect of submitting proof of trade) and regulation 23(8) (in respect of submitting a declaration of independence).

(4)

With effect from the date of the transfer of an extract from an import licence—

(a)

the extract is to be treated as though it had been transferred as an import licence for the purposes of these Regulations;

(b)

the quantity of goods licensed for import by virtue of the transfer of the extract is the quantity extracted from the original licence; and

(c)

the corresponding quantity of goods licensed for import by virtue of the transfer of the extract is to be deducted from the original licence held by the transferor.

(5)

With effect from the date of the transfer of the licence, or of the extract from that licence, the quantity of any further quota goods released under the free-circulation procedure under that licence or extract is to be attributed to the transferee and is to be taken into account for the purposes of any subsequent application for an import licence to establish the transferee's—

(a)

reference quantity under regulation 27; or

(b)

proof of trade under regulation 29.

Annotations

Commencement

I1: Reg. 38 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Notes on Part 3

Textual amendments

F1: Words in Pt. 3 heading substituted (1.7.2026) by The Customs (Tariff and Miscellaneous Amendments) (No. 5) Regulations 2026 (S.I. 2026/703), regs. 1(1), 10