Regulation 23 Exceptions to the requirement to carry a fiscal markC1
Specified tobacco products are not required to carry a fiscal mark if—
they are not intended for home use and are not delivered to home use or otherwise made available for home use;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in accordance with an Order made under section 13(1) or section 13A(1) of the Customs and Excise Duties (General Reliefs) Act 1979 M1 relief from duty is afforded and the conditions (if any) subject to which that relief was afforded are complied with; or
they are intended for supply to, or have been supplied to, entitled passengers in an export shop.
Specified tobacco products acquired by private individuals for their own use and transported by them to the United Kingdom are not required to carry a fiscal mark if—
relief from duty would have been afforded by an Order made under section 13(1) of the Customs and Excise Duties (General Reliefs) Act 1979, but for the fact that the quantity of those products exceeds any limit on quantity specified in the Order, and
those products are declared as required by section 78(1) of the Customs and Excise Management Act 1979 F3or under section 3 of the Taxation (Cross-border Trade) Act 2018, and
the duty on those products is paid.
Specified tobacco products are not required to carry a fiscal mark if, having been removed to home use upon payment of excise duty in the Isle of Man—
they carry a mark prescribed for fiscal purposes in conformity with the requirements of the law of the Isle of Man, and
the excise duty paid in the Isle of Man has not been and will not be repaid, remitted or drawn back.
Specified tobacco products are not required to carry a fiscal mark if those products are not sold or offered for sale and are, upon being removed to home use, supplied by the occupier of the registered premises from which they were removed to a person who will use them solely for one or both of the following purposes—
testing quality, or
testing products that are being developed.
Paragraph (3) does not apply to specified tobacco products to which this paragraph applies.
Specified tobacco products that do not contain any tobacco are not required to carry a fiscal mark.
Specified tobacco products that are not required to carry a fiscal mark must not carry a fiscal mark.
In this regulation “entitled passengers” and “export shop” have the meanings given in regulation 3 of the Excise Goods (Export Shops) Regulations 2000 M2.
Annotations
Textual amendments
- F1
Reg. 23(1)(aa) omitted (31.12.2020) by virtue of The Travellers’ Allowances and Miscellaneous Provisions (EU Exit) Regulations 2020 (S.I. 2020/1412), regs. 1, 12(2)(a) (with reg. 25)
- F2
Reg. 23(1A) inserted (1.8.2006) by The Tobacco Products and Excise Goods (Amendment) Regulations 2006 (S.I. 2006/1787), regs. 1, 3(7)
- F3
Words in reg. 23(1A)(b) inserted (31.12.2020) by The Travellers’ Allowances and Miscellaneous Provisions (EU Exit) Regulations 2020 (S.I. 2020/1412), regs. 1, 12(2)(b) (with reg. 25)
- F4
Reg. 23(2A) inserted (1.8.2006) by The Tobacco Products and Excise Goods (Amendment) Regulations 2006 (S.I. 2006/1787), regs. 1, 3(8)
- F5
Reg. 23(2B) inserted (1.1.2014) by The Tobacco Products (Amendment) Regulations 2013 (S.I. 2013/2720), regs. 1, 3
Marginal citations
- M1
1979 c. 3; section 13A(1) was inserted by the Finance Act 1989 (c. 26), section 28.
- M2
Modifications
- C1
Reg. 23 continued (with modifications) (N.I.) (31.12.2020) with respect to excise goods in Northern Ireland by The Excise Duties (Northern Ireland Miscellaneous Modifications and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1559), regs. 1(1), 98(2)