Regulation 6 Amendment of the Customs (Contravention of a Relevant Rule) Regulations 2003

(1)

The Customs (Contravention of a Relevant Rule) Regulations 2003^f1 are amended as follows.

(2)

In regulation 2 (interpretation), after the definition of “Customs” insert—

““designation order” has the meaning given by section 100A(5) of the Act^f2.”.

(3)

In the table in the Schedule—

(a)

under the heading “Special Procedures”—

(i)

before the entry for regulation 8 insert—

“

Regulation 3(1) and 3(2)(c)

A person must not carry out a specified activity in a free zone related to goods declared for a free zone procedure unless they are authorised to do so.
The person who carries out the activity. £2,500.

”.

(ii)

after the entry for regulation 8 insert—

“

Regulation 18E(1)

Prohibition on carrying out any industrial, commercial or service activity in a free zone unless HMRC have been given prior notification.
The person who carries out the activity. £2,500.
Regulation 18E(6)

Prohibition or restriction imposed by HMRC on carrying out an industrial, service or commercial activity in a free zone.
The person who carries out the activity contrary to a prohibition or restriction. £2,500.
Regulation 18E(8)(a)

A responsible authority must take reasonable steps to ensure that no person carries out an activity involving the keeping of goods subject to a special customs procedure in a free zone if paragraph (i), (ii) or (iii) of regulation 18E(8)(a) applies.
The responsible authority that has failed to take reasonable steps to ensure the activity is not carried out. £2,500.
Regulation 18E(8)(b)

A responsible authority must take reasonable steps to ensure that no person brings goods into a free zone of a description specified in a notice published under regulation 18C(2).
The responsible authority that has failed to take reasonable steps to ensure that the goods were not brought into the free zone. £2,500.
Regulation 18E(8)(c)

A responsible authority must take reasonable steps to ensure that no person removes goods from a free zone in breach of regulation 18F(1).
The responsible authority that has failed to take reasonable steps to ensure that the goods were not removed. £2,500.
Regulation 18E(9)

Requirement relating to the control of goods subject to a special customs procedure within a free zone that is imposed by HMRC.
The responsible authority that has failed to comply with a requirement. £2,500.
Regulation 18F(1)

A person must not cause or permit goods to be removed from a free zone unless the conditions provided for in regulation 18F(1) are met.
Person who removed or caused the goods to be removed in contravention of regulation 18F(1). £2,500.
Designation order
Designation order

Any condition or requirement contained in a designation order made under section 100A(5) of the Act.
The responsible authority who has breached the condition or failed to comply with the requirement. £2,500.

”.

(b)

after the entries under the heading “Customs agents”^f3 insert—

“

The Customs (Export) (EU Exit) Regulations 2019
Regulation 59B(1B), (2) and (3)

An onward export notification in respect of goods to which paragraph (1B) applies must be given to HMRC by a person mentioned in paragraph (3) before the goods are exported.
The person who was required to given the notification. £2,500.

”.

Annotations

Footnotes

f1: S.I. 2003/3113. Relevant amending instruments are S.I. 2018/1260 and 2019/148. There are other amending instruments, but none is relevant.
f2: Section 100A was inserted by section 8 of, and Part 1 of Schedule 4 to, the Finance Act 1984 (c. 9).
f3: The entries relating to Customs agent were inserted by S.I. 2019/148.

Regulation 18E(1) Prohibition on carrying out any industrial, commercial or service activity in a free zone unless HMRC have been given prior notification.	The person who carries out the activity.	£2,500.
Regulation 18E(6) Prohibition or restriction imposed by HMRC on carrying out an industrial, service or commercial activity in a free zone.	The person who carries out the activity contrary to a prohibition or restriction.	£2,500.
Regulation 18E(8)(a) A responsible authority must take reasonable steps to ensure that no person carries out an activity involving the keeping of goods subject to a special customs procedure in a free zone if paragraph (i), (ii) or (iii) of regulation 18E(8)(a) applies.	The responsible authority that has failed to take reasonable steps to ensure the activity is not carried out.	£2,500.
Regulation 18E(8)(b) A responsible authority must take reasonable steps to ensure that no person brings goods into a free zone of a description specified in a notice published under regulation 18C(2).	The responsible authority that has failed to take reasonable steps to ensure that the goods were not brought into the free zone.	£2,500.
Regulation 18E(8)(c) A responsible authority must take reasonable steps to ensure that no person removes goods from a free zone in breach of regulation 18F(1).	The responsible authority that has failed to take reasonable steps to ensure that the goods were not removed.	£2,500.
Regulation 18E(9) Requirement relating to the control of goods subject to a special customs procedure within a free zone that is imposed by HMRC.	The responsible authority that has failed to comply with a requirement.	£2,500.
Regulation 18F(1) A person must not cause or permit goods to be removed from a free zone unless the conditions provided for in regulation 18F(1) are met.	Person who removed or caused the goods to be removed in contravention of regulation 18F(1).	£2,500.
Designation order
Designation order Any condition or requirement contained in a designation order made under section 100A(5) of the Act.	The responsible authority who has breached the condition or failed to comply with the requirement.	£2,500.