Paragraph 46 I1

In subsection (1) of section 48 (interpretation)—

After subsection (1) of that section there shall be inserted the following subsections—

“(1A)

Subject to section 46B above—

(a)

the question whether or not goods have entered the territory of the Community;

(b)

the time when any Community customs debt in respect of duty on the entry of any goods into the territory of the Community would be incurred; and

(c)

the person by whom any such debt would fall to be discharged,

shall for the purposes of this Act be determined (whether or not the goods in question are themselves subject to any such duties) according to the Community legislation applicable to goods which are in fact subject to such duties.

(1B)

Any reference in this Act to the amount of any duty of excise on any goods shall be taken to be a reference to the amount of duty charged on those goods with any addition or deduction falling to be made under section 1 of the Excise Duties (Surcharges or Rebates) Act 1979.”

In subsection (5) of that section, after “determined" there shall be inserted “ (subject to any provision made under section 7(6) above) ”.

After subsection (8) of that section there shall be inserted the following subsection—

“(9)

References in this Act to being registered shall be construed in accordance with section 2C(3) of this Act and, (without prejudice to paragraph 2 of Schedule 10 to this Act) shall, in relation to registration under Schedule 1 to this Act or any provision of that Schedule, include a reference to being registered under the corresponding provision of any enactment re-enacted in that Schedule.”