OpenLegislation

Regulation 6 Offences and evidenceI1

United Kingdom

(1)

If any person required to F1deliver a supplementary declaration in accordance with these Regulations fails to do so he shall be liable on summary conviction to a penalty not exceeding level 4 on the standard scalef1.

(2)

Any failure to F2deliver a supplementary declaration includes a failure to provide such supplementary declaration in the form and manner required by these Regulations F3....

(3)

Subject to paragraph (4) below, for the purpose of the rules against charging more than one offence in the same information—

(a)

failure to F4deliver one or more supplementary declarations of trade in goods dispatched to F5... Member States for any given reference period shall constitute one offence; and

(b)

failure to F6deliver one or more supplementary declarations of trade in goods arriving from F7... Member States for any given reference period shall constitute one offence.

(4)

If the failure in respect of which a person is convicted under paragraph (1) above is continued after the conviction he shall be guilty of a further offence and may on summary conviction thereof be punished accordingly.

F8(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(5A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

In any proceedings for an offence mentioned in this regulation it shall be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself, any person under his control or any person to whom he transferred the task of providing information in accordance with F10and subject to Article 7(2) of the establishing Regulation.

F11(8)

Liability to a penalty under paragraphs (1) and (2) does not arise in relation to a failure under paragraph (1) of regulation 4 if a party satisfies the Commissioners that there is a reasonable excuse for the failure.

(9)

For the purposes of paragraph (8), where a party relies on any other person to do anything, that is not a reasonable excuse unless that party took reasonable care to avoid the relevant act or failure.

Annotations

Textual amendments

F1

Word in reg. 6(1) substituted (1.1.2005) by The Statistics of Trade (Customs and Excise) (Amendment) Regulations 2004 (S.I. 2004/3284), regs. 1(1), 4(2) (with reg. 1(2))

F2

Words in reg. 6(2) substituted (1.1.2005) by The Statistics of Trade (Customs and Excise) (Amendment) Regulations 2004 (S.I. 2004/3284), regs. 1(1), 4(3) (with reg. 1(2))

F3

Words in reg. 6(2) revoked (1.1.2005) by The Statistics of Trade (Customs and Excise) (Amendment) Regulations 2004 (S.I. 2004/3284), reg. 1(1), Sch.

F4

Word in reg. 6(3)(a) substituted (1.1.2005) by The Statistics of Trade (Customs and Excise) (Amendment) Regulations 2004 (S.I. 2004/3284), regs. 1(1), 4(4) (with reg. 1(2))

F5

Word in reg. 6(3)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Statistics of Trade (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/47), regs. 1(3), 6(10); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in reg. 6(3)(b) substituted (1.1.2005) by The Statistics of Trade (Customs and Excise) (Amendment) Regulations 2004 (S.I. 2004/3284), regs. 1(1), 4(5) (with reg. 1(2))

F7

Word in reg. 6(3)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Statistics of Trade (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/47), regs. 1(3), 6(10); 2020 c. 1, Sch. 5 para. 1(1)

F8

Reg. 6(5)(6) revoked (1.1.2005) by The Statistics of Trade (Customs and Excise) (Amendment) Regulations 2004 (S.I. 2004/3284), reg. 1(1), Sch.

F9

Reg. 6(5A) omitted (1.1.1998) by virtue of The Statistics of Trade (Customs and Excise) (Amendment) Regulations 1997 (S.I. 1997/2864), regs. 1, 7(a)

F10

Words in reg. 6(7) substituted (1.1.2005) by The Statistics of Trade (Customs and Excise) (Amendment) Regulations 2004 (S.I. 2004/3284), regs. 1(1), 4(6) (with reg. 1(2))

F11

Reg. 6(8)(9) inserted (1.4.2012) by The Statistics of Trade (Customs and Excise) (Amendment) Regulations 2012 (S.I. 2012/532), regs. 1, 4 (with reg. 1)

Commencement

I1

Reg. 6 in force at 1.12.1992, see reg. 1(1)

Footnotes

f1

The levels of the penalties on the standard scale currently in force are set out in section 17 of the Criminal Justice Act 1991 (c. 53) (England and Wales and Scotland) and S.R. (N.I.) 1984 No. 253 (Northern Ireland).