Section 11 QuotasI1I2C1C2C3C4
Regulations may make provision for determining the amount of import duty applicable to any goods that are subject to a quota.
Goods are subject to a quota for the purposes of this section if—
Her Majesty's government in the United Kingdom makes arrangements with the government of a country or territory outside the United Kingdom and the arrangements contain provision for the goods concerned to be subject to a quota, or
the Treasury otherwise consider that it is appropriate for the goods concerned to be subject to a quota.
Regulations may make any provision that the person making them considers appropriate for the purposes of this section, including (for example)—
provision specifying the factors by reference to which a quota is to be determined,
provision imposing conditions subject to which a quota has effect,
provision for a quota in respect of specified goods to be subject to a licensing or allocation system (see also subsection (4)), and
any other provision in relation to the administration of a quota.
Regulations made under subsection (3) which make provision for a quota in respect of specified goods to be subject to a licensing or allocation system may include—
provision authorising any public body to grant licences or determine a system for allocating the quotas,
provision specifying the cases in which a person is eligible to make use of a quota,
provision specifying the conditions subject to which any person may make use of a quota (including provision for the giving of a guarantee of a specified amount),
provision authorising the conditions to be imposed by a licence or other document,
provision requiring the payment of fees by any person in connection with any application for a licence or an allocation, and
provision generally in relation to the administration of the licensing or allocation system.
Any fees payable as a result of provision made under subsection (4)(e) must be paid into the Consolidated Fund.
The power to make regulations under this section providing for a quota in respect of specified goods to be subject to a licensing or allocation system is exercisable by the Secretary of State.
The power to make regulations under this section containing any other provision is exercisable by the Treasury; and, in considering what provision to include in the regulations, the Treasury must have regard to any recommendation made to them by the Secretary of State.
Annotations
Modifications
- C1
S. 11 modified (31.12.2020) by The Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020 (S.I. 2020/1457), reg. 1(1), Sch. 2 para. 3(1)(b) (with reg. 1(3)); S.I. 2020/1643, reg. 2, Sch.
- C2
S. 11 modified (31.12.2020) by The Customs (Tariff Quotas) (EU Exit) Regulations 2020 (S.I. 2020/1432), reg. 1(1), Sch. 4 para. 3(a) (with reg. 1(3)); S.I. 2020/1643, reg. 2, Sch.
- C3
Ss. 9-15 applied (with modifications) (31.12.2020) by The Customs (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1605), regs. 1(1), 7; S.I. 2020/1643, reg. 2, Sch.
- C4
Ss. 9-15 applied (with modifications) (31.12.2020) by The Customs (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1605), regs. 1(1), 13; S.I. 2020/1643, reg. 2, Sch.
Commencement
- I1
S. 11 in force for specified purposes at 13.9.2018, see s. 57(1)(a)
- I2
S. 11 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)
Notes on Part 1
Modifications
- C1
Pt. 1 applied (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by 1994 c. 23, Sch. 9ZB para. 1(3)(4) (as inserted by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 2 para. 2 (with s. 3(4), Sch. 2 para. 7(7)-(10)); S.I. 2020/1642, reg. 9)
- C2
Pt. 1 applied (31.12.2020) by The Customs Transit Procedures (EU Exit) Regulations 2018 (S.I. 2018/1258), art. 1(2), Sch. 2 para. 25(2); S.I. 2020/1643, reg. 2, Sch.
- C3
Pt. 1 modified (19.6.2023) by The Customs (Origin of Chargeable Goods: Developing Countries Trading Scheme) Regulations 2023 (S.I. 2023/557), regs. 1(1), 7 (with reg. 1(3))
- C4
Pt. 1 applied (31.1.2024) by S.I. 2020/1605, reg. 25A (as inserted by The Taxation (Cross-border Trade) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/12), regs. 1(2), 3(3))