OpenLegislation

Regulation 44 Trade: application of information powers in CEMAI1I2

United Kingdom

(1)

Section 77A of CEMA M1 applies in relation to a person carrying on a relevant activity as it applies in relation to a person concerned in the importation or exportation of goods but as if—

(a)

in subsection (1), the reference to a person concerned in the importation or exportation of goods for which for that purpose an entry is required by regulation 5 of the Customs Controls on Importation of Goods Regulations 1991 M2 or an entry or specification is required by or under CEMA were to a person carrying on a relevant activity;

(b)

any other reference to importation or exportation were to a relevant activity;

(c)

any other reference to goods were to the goods, technology, services or funds to which the relevant activity relates.

(2)

For the purposes of paragraph (1), a “relevant activity” means an activity—

(a)

which would, unless done under the authority of a trade licence, constitute a contravention of any prohibition in Chapter 2 or 3 of Part 5 (Trade) except the prohibition in regulation 21(1), or

(b)

which would constitute a contravention of a the prohibition in regulation 29 (circumventing etc. prohibitions).

Annotations

Marginal citations

M1

Section 77A was inserted by the Finance Act 1987 (c.16), section 10 and amended by S.I. 1992/3095.

M2

S.I. 1991/2724 is amended by S.I. 1992/3095; S.I. 1993/3014; and S.I. 2011/1043 and is prospectively revoked by S.I. 2018/1247.

Commencement

I1

Reg. 44 not in force at made date, see reg. 1(2)

I2

Reg. 44 in force at 31.12.2020 by S.I. 2019/627, reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)