The Excise Goods (Holding, Movement and Duty Point) Regulations 2010
S.I. 2010/593 · Made 3 March 2010 · Extends to United Kingdom
Excise
Made 3rd March 2010
Laid before Parliament 5th March 2010
Coming into force
Regulations 7(1)(g) and 35(c) 1st January 2011
Remainder 1st April 2010
The Commissioners for Her Majesty's Revenue and Customs make the following Regulations in exercise of the powers conferred by sections 93(1), (2)(a), (e), (fa), (fb), (fc), (3), (4), (5) and (5A), 100G, 100H, 118A(1) and (2) and 127A of the Customs and Excise Management Act 1979 M1, sections 41A(7), 49(1)(d) and (g), 56(1)(b) and (d), 62(5)(b) and (d), 77(1)(a) and (e) of, and paragraphs 3 and 4 of Schedule 2A to, the Alcoholic Liquor Duties Act 1979 M2, sections 21(1), (2) and (2A), and 23C(2) and (3) of, and paragraphs 3, 11, 19 and 25 of Schedule 3 to, the Hydrocarbon Oil Duties Act 1979 M3, sections 7(1)(a), (b), (ba) and (1A) and 9(2) of the Tobacco Products Duty Act 1979 M4, sections 1 and 2 of the Finance (No.2) Act 1992 M5, section 5(2) and (3) of the Finance Act 1995 M6 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 M7.
The Commissioners for Her Majesty's Revenue and Customs have been designated M8 for the purposes of section 2(2) of the European Communities Act 1972 in relation to excise matters of the EU M9 and payment of excise duty; and it appears to them that it is expedient for the references in these Regulations to Commission Regulation (EEC) No. 3649/92 M10, Commission Regulation (EC) No. 31/96 M11, Commission Regulation (EC) No. 436/2009 M12 and Commission Regulation (EC) No. 684/2009 M13 to be construed as references to those Regulations as amended from time to time.C1C2C3C4C5
Annotations to the whole text
Marginal citations
- M1
1979 c. 2; section 1(1) defines “the Commissioners”; the definition of “the Commissioners” was substituted by the Commissioners for Revenue and Customs Act 2005 (c. 11), Schedule 4, paragraph 22(b); section 93(2)(a) was amended by the Finance Act 1981 (c. 35), Schedule 8, paragraph 2; section 93(1) was substituted, section 93(3) amended and section 93(2)(fa), (fb) and (fc) and (5A) inserted by the Finance (No. 2) Act 1992 (c. 48), Schedule 2, paragraph 2; sections 100G and 100H were inserted by the Finance Act 1991 (c. 31), Schedule 4; section 100H was amended by the Finance (No. 2) Act 1992, Schedule 1, paragraph 6 and Schedule 2, paragraph 4 and by the Finance Act 2002(c. 23), Schedule 3, Part 1, paragraph 2; section 118A(1) and (2) was inserted by the Finance Act 1991, Schedule 5; section 127A was inserted by the Finance Act 1983 (c. 28), section 6 and amended by the Finance (No. 2) Act 1992, Schedule 1, paragraph 7.
- M2
1979 c. 4; section 41A was inserted by the Finance Act 1991, section 7(2) and subsection (7) has been amended by the Finance (No.2) Act 1992, Schedule 1, paragraph 10 and Schedule 18, Part 1. Section 49 was substituted by the Finance Act 1991, Schedule 2, paragraph 14. Section 77(1)(a) and (e) was amended by the Finance Act 1995 (c. 4), Schedule 2, paragraph 5. Schedule 2A was inserted by the Finance Act 2004 (c. 12), section 4(2). Section 4(2) of the Alcoholic Liquor Duties Act 1979 provides for that Act to be construed as one Act with the Customs and Excise Management Act 1979 (c. 2), and section 4(3) applies the definitions in that latter Act. Section 1(1) of the Customs and Excise Management Act 1979 (amended by the Commissioners for Revenue and Customs Act 2005) defines “the Commissioners”.
- M3
1979 c. 5; section 27(3) applies the definition of “the Commissioners” (amended by the Commissioners for Revenue and Customs Act 2005) in section 1(1) of the Customs and Excise Management Act 1979. Section 21 was amended by the Finance Act 1993 (c. 34), Schedule 23, Part 1(4), the Finance Act 1994 (c. 9), Schedule 4, paragraph 55 and the Finance Act 2004, section 6(3). Section 23C was inserted by the Finance Act 2004, section 13. Paragraph 11 of Schedule 3 was amended by the Finance Act 1985 (c. 54), Schedule 4, paragraph 4.
- M4
1979 c. 7; section 7(1)(b) was amended, and section 7(1)(ba) and (1A) inserted, by the Finance Act 2000 (c. 17), section 15(5),(6) and (9). Section 9(2) was inserted by the Finance Act 2006 (c. 25), section 2(2). Section 10(3) applies the definition of “the Commissioners” (amended by the Commissioners for Revenue and Customs Act 2005) in section 1(1) of the Customs and Excise Management Act 1979.
- M5
1992 c. 48; section 1(7) defines “the Commissioners” as “the Commissioners of Customs and Excise”. The functions of the Commissioners of Customs and Excise were transferred to the Commissioners for Her Majesty's Revenue and Customs by section 5 of the Commissioners for Revenue and Customs Act 2005. Section 50(1) of that Act provides that a reference to the Commissioners of Customs and Excise shall be taken as a reference to the Commissioners for Her Majesty's Revenue and Customs. Section 2 was amended by the Finance Act 1998 (c. 36), Schedule 2, paragraph 6 and the Finance Act 1999 (c. 16), section 11(1) and (2).
- M6
1995 c. 4. Section 5(8) provides for the section to be construed as one with the Alcoholic Liquor Duties Act 1979 (c. 4). Section 4(2) of that Act provides for it to be construed as one Act with the Customs and Excise Management Act 1979, and section 4(3) applies the definitions in that latter Act. Section 1(1) of the Customs and Excise Management Act 1979 (amended by the Commissioners for Revenue and Customs Act 2005) defines “the Commissioners”.
- M7
1972 c. 68; paragraph 1A of Schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006 (c. 51), section 28. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006, section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), the Schedule, Part 1.
- M8
S.I. 1980/865 (excise matters of the European Communities) and S.I. 1982/529 (payment of excise duty). These instruments designate the Commissioners of Customs and Excise. The functions of the Commissioners of Customs and Excise were transferred to the Commissioners for Her Majesty's Revenue and Customs by section 5 of the Commissioners for Revenue and Customs Act 2005. Section 50(1) of that Act provides that a reference to the Commissioners of Customs and Excise shall be taken as a reference to the Commissioners for Her Majesty's Revenue and Customs.
- M9
Section 3(6) of the European Union (Amendment) Act 2008 provides that a reference in an instrument to all or any of the Communities shall, in the application of the instrument after the coming into force of the Act, be treated as being a reference to the EU.
- M10
OJ No L 369, 18.12.1992, p 17.
- M11
OJ No L 008, 11.01.1996, p 11.
- M12
OJ No L 128, 27.05. 2009, p 15.
- M13
OJ No L 197, 29.7.2009, p 24.
Modifications
- C1
Regulations, as they had effect immediately before IP completion day, continued (with modifications, including the insertion of new Pt. A8, and otherwise as indicated at individual provision level) (N.I.) (31.12.2020) in respect of the holding, movement and taxation of 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), 2-80 (as amended, with further modifications including the insertion of new Pts. 4A, 4B, 9A-9C and new regs. 21A, 21B, 39A, 42A, 51A and 85A in so far as the Regulations are continued in respect of the holding, movement and taxation of excise goods in Northern Ireland, and with new savings in regs. 80A-80E (as inserted (13.2.2023) by S.I. 2023/64, reg. 1(2), Sch. 2 paras. 1-39); and as further amended (1.10.2024) by S.I. 2024/941, regs. 1, 3-15)
- C2
Regulations applied (31.12.2020) by The Denatured Alcohol Regulations 2005 (S.I. 2005/1524), reg. 18 (as substituted by S.I. 2019/15, regs. 1, 7(3) (with reg. 22); S.I. 2020/1640, reg. 2, Sch.)
- C3
Regulations modified (31.12.2020) by The Excise Duties (Miscellaneous Amendments) (EU Exit) (No. 3) Regulations 2019 (S.I. 2019/474), regs. 1, 10-15 (as amended by S.I. 2019/1215, regs. 1(2), 16; S.I. 2021/1444, regs. 1(3), 4); S.I. 2020/1640, reg. 2, Sch.
- C4
Regulations applied (with modifications) (1.4.2022) by The Excise Duties (Northern Ireland etc. Miscellaneous Modifications and Amendments) (EU Exit) Regulations 2022 (S.I. 2022/265), regs. 1, Pt. 4 (as amended (23.12.2024) by The Excise Duties (Miscellaneous Amendments and Revocations) Regulations 2024 (S.I. 2024/1262), regs. 1(3), 6)
- C5
Regulations modified (1.10.2026) by The Vaping Products (Production, Duty Stamps and Commencement) Regulations 2026 (S.I. 2026/331), regs. 1(3), 45
Contents
- Part 1: PRELIMINARY
- 1Citation, commencement and effect
- 2Regulation 2
- 2ARegulation 2A
- 2BRegulation 2B
- 3Interpretation
- 4Application to energy products Repealed
- Part 2: EXCISE DUTY POINTS AND PAYMENT OF THE DUTY
- 5Goods released for consumption in the United Kingdom-excise duty point
- 6Regulation 6
- 7Regulation 7
- 7ARegulation 7A
- 8Goods released for consumption in the United Kingdom-persons liable to pay
- 9Regulation 9
- 10Regulation 10
- 11Regulation 11
- 12Regulation 12
- 13Goods already released for consumption in another Member State-excise duty point and persons liable to pay Repealed
- 14Regulation 14 Repealed
- 15Regulation 15 Repealed
- 16Regulation 16 Repealed
- 17Regulation 17 Repealed
- 18Contravention of conditions or requirements-duty point and persons liable to pay
- 19Regulation 19
- 20Time of payment of the duty
- 21Destruction and loss of excise goods
- Part 3: UK REGISTERED CONSIGNEES Repealed
- 22Approval and registration Repealed
- 23Approval and registration Repealed
- 24Certificates of Registration Repealed
- 25Conditions, restrictions and requirements Repealed
- 26Conditions, restrictions and requirements Repealed
- 27Conditions, restrictions and requirements Repealed
- 28Accounting and payment Repealed
- 29Temporary registered consignees Repealed
- Part 4: ... REGISTERED CONSIGNORS
- 30Approval and Registration
- 31Regulation 31
- 32Certificates of Registration
- 33Conditions and restrictions
- Part 5: HOLDING AND MOVEMENT OF EXCISE GOODS UNDER DUTY SUSPENSION ARRANGEMENTS
- 34Holding of excise goods under duty suspension arrangements
- 35Moving excise goods under duty suspension arrangements Repealed
- 36Regulation 36 Repealed
- 37Regulation 37
- 38Regulation 38
- 39Movement conditions
- Part 6: EXPORTS OF EXCISE GOODS UNDER DUTY SUSPENSION ARRANGEMENTS
- 40Application of Part 6 Repealed
- 41Electronic administrative document for exports of excise goods under duty suspension arrangements Repealed
- 42Electronic administrative document for exports of excise goods under duty suspension arrangements - supplementary provisions Repealed
- 43Exemption certificates Repealed
- 44Export of energy products by sea-notification of consignee Repealed
- 45Splitting a movement of energy products Repealed
- 46Report of export from territory of the EU Repealed
- 47Regulation 47 Repealed
- 48Report of export from territory of the EU when computerised system unavailable Repealed
- 49Report of receipt of excise goods exported under duty suspension arrangements Repealed
- 50Procedure for exports of excise goods under duty suspension arrangements when computerised system unavailable Repealed
- 51Procedure for exports of excise goods under duty suspension arrangements when computerised system unavailable - supplementary provisions Repealed
- Part 7: IMPORTS OF EXCISE GOODS UNDER DUTY SUSPENSION ARRANGEMENTS Repealed
- 52Application of Part 7 Repealed
- 53Electronic administrative document for imports of excise goods under duty suspension arrangements Repealed
- 54Report of receipt of excise goods imported under duty suspension arrangements Repealed
- 55Report of receipt of excise goods imported under duty suspension arrangements when computerised system unavailable Repealed
- Part 8: MOVEMENTS OF EXCISE GOODS WHOLLY WITHIN THE UNITED KINGDOM UNDER DUTY SUSPENSION ARRANGEMENTS
- 56Application of Part 8
- 56ANorthern Ireland – special provisions
- 57Electronic administrative document for movements of excise goods under duty suspension arrangements wholly within the United Kingdom
- 58Electronic administrative document for movements of excise goods under duty suspension arrangements wholly within the United Kingdom-supplementary provisions
- 59Report of receipt of excise goods moved under duty suspension arrangements wholly within the United Kingdom
- 59AReport of export from the territory of the United Kingdom
- 60Procedure for movement of excise goods under duty suspension arrangements wholly within the United Kingdom when UK computerised system unavailable
- 60AProcedure for amending destination when UK computerised system unavailable
- 61Report of receipt of excise goods moved under duty suspension arrangements wholly within the United Kingdom when UK computerised system unavailable
- Part 9: SIMPLIFIED PROCEDURES FOR MOVEMENTS OF EXCISE GOODS WHOLLY WITHIN THE UNITED KINGDOM UNDER DUTY SUSPENSION ARRANGEMENTS
- 62Simplified procedure for certain movements of alcoholic products
- 63Simplified procedure for certain movements of tobacco products
- 63ASimplified procedure for direct exports of alcoholic products and tobacco products
- 63BSimplified procedure for movements of alcoholic products and tobacco products between customs warehouses and tax warehouses
- Part 10: EXPORTS OF EXCISE GOODS AFTER RELEASE FOR CONSUMPTION
- 64Application of Part 10 Repealed
- 65Accompanying document for exports of excise goods after release for consumption Repealed
- 66Additional requirements Repealed
- Part 11: IMPORTS OF EXCISE GOODS AFTER RELEASE FOR CONSUMPTION Repealed
- 67Application of Part 11 Repealed
- 68Imports of excise goods after release for consumption Repealed
- 69Requirements Repealed
- 70Registered commercial importers – approval and registration Repealed
- 71Regulation 71 Repealed
- 72Regulation 72 Repealed
- 73Registered commercial importers - accounting and payment Repealed
- 74Receipt of excise goods Repealed
- Part 12: DISTANCE SALES OF EXCISE GOODS FROM ANOTHER MEMBER STATE Repealed
- 75Application of Part 12 Repealed
- 76Tax representatives-approval and registration Repealed
- 77Tax representatives-procedure Repealed
- 78Accounting and payment Repealed
- Part 13: IRREGULARITIES IN THE COURSE OF A MOVEMENT OF EXCISE GOODS UNDER A DUTY SUSPENSION ARRANGEMENT
- 79Interpretation of Part 13 Repealed
- 80Irregularities
- 81Failure of excise goods to arrive at their destination
- 82Repayment of excise duty Repealed
- Part 14: IRREGULARITIES IN THE COURSE OF A MOVEMENT OF EXCISE GOODS ALREADY RELEASED FOR CONSUMPTION Repealed
- 83Interpretation of Part 14 Repealed
- 84Irregularity occurring or detected in the United Kingdom Repealed
- 85Repayment of excise duty Repealed
- Part 14A: EXCISE GOODS IN FREE ZONES
- 85AInterpretation and application of Part 14A
- 85BHolding excise goods in a free zone etc.
- 85CAuthorisation to operate a free zone excise warehouse
- 85DApproval of owners and duty representatives: terms and conditions Repealed
- 85EExcise duty points and liability to pay
- 85FApplication of the Finance Act 1994 to this part
- Part 15: OBLIGATIONS, CONDITIONS AND RESTRICTIONS
- 86General conditions and restrictions
- 87Obligations of owners and transporters
- Part 16: FORFEITURE AND CIVIL PENALTIES
- 88Forfeiture of excise goods on which the duty has not been paid
- 89Civil Penalties
- Part 17: CONSEQUENTIAL AMENDMENTS, REVOCATIONS AND SAVINGS
- 90Consequential amendments
- 91Revocations and savings
- Signature
- Schedule 1: CIVIL PENALTIES-RELEVANT REGULATIONS
- Paragraph
- Schedule 2: CONSEQUENTIAL AMENDMENTS
- 1The Excise Warehousing (Etc.) Regulations 1988
- 2Paragraph 2
- 3The Customs and Excise Management Act 1979
- 4The Hydrocarbon Oil Duties Act 1979
- 5The Cider and Perry Regulations 1989
- 6Paragraph 6
- 7The Wine and Made-wine Regulations 1989
- 8Paragraph 8
- 9The Beer Regulations 1993
- 10Paragraph 10
- 11The Excise Goods (Drawback) Regulations 1995
- 12The Excise Duty Point (External and Internal Community Transit Procedure) Regulations 1998
- 13The Excise Goods (Export Shops) Regulations 2000
- 14The Tobacco Products Regulations 2001
- 15Paragraph 15
- 16The Excise Warehousing (Energy Products) Regulations 2004
- 17Paragraph 17
- 18The Denatured Alcohol Regulations 2005
- 19Paragraph 19
- 20The Duty Stamps Regulations 2006 Repealed
- 21Paragraph 21 Repealed
- 22The Finance Act 2008
- Schedule 3SCHEDULE OF REVOCATIONS
- Explanatory note