OpenLegislation

Regulation 3 Interpretation

Original text. Later amendments are not shown.

In these Regulations—

  • “2026 Act” means the Finance Act 2026;

  • “approved person” means a person approved under regulation 4;

  • “business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day that is a bank holiday under the Banking and Financial Dealings Act 1971f1 in any part of the United Kingdom;

  • “CEMA 1979” means the Customs and Excise Management Act 1979f2;

  • “conditions or restrictions” means conditions or restrictions that are reasonably necessary for the protection of revenue;

  • “drawback” means drawback of duty under regulations made under section 60A CEMA 1979f3 (power to make regulations about stores) or section 2 of the F(No. 2)A 1992f4 (power to provide for drawback of excise duty);

  • “duty” means, unless otherwise stated, vaping products dutyf5;

  • “duty stamps approval” means an approval given under section 122(2) of the 2026 Act;

  • “duty stamps system” means a system that facilitates, among other things, the issuing, scanning, and tracing of duty stampsf6;

  • “duty suspension arrangement” has the meaning given by regulation 3 of HMDP 2010f7;

  • “excise duty point” has the meaning given by section 1 of the F(No. 2)A 1992;

  • “F(No. 2)A 1992” means the Finance (No. 2) Act 1992f8;

  • “HMDP 2010” means the Excise Goods (Holding, Movement and Duty Point) Regulations 2010f9;

  • “release for consumption” has the meaning given by regulation 6 of HMDP 2010f10;

  • “revoke” means revoke as reasonably necessary for the protection of revenue;

  • “scan” means the act of using scanning equipment to upload or download (as the case may be) data relating to duty stamps to or from a duty stamps system;

  • “scanning equipment” means equipment that is capable of uploading or downloading (as the case may be) all data required in relation to duty stamps to or from a duty stamps system;

  • “scanning event” means any event referred to in regulation 32(2) or 33(1)(b) (when read together with 33(1)(a), in the case of the latter);

  • “spoilt vaping product” has the meaning referred to in regulation 13(2) and (3);

  • “storage” means, unless otherwise stated, storage of vaping productsf11 without payment of duty;

  • “UK representative approval” means an approval given under section 123(1) of the 2026 Act (UK representatives);

  • “vaping products approval” means an approval given under regulation 4;

  • “vary” means vary as reasonably necessary for the protection of revenue.

Annotations

Footnotes

f1

1971 c. 80.

f2

1979 c. 2.

f3

Section 60A was inserted by paragraph 3 of Schedule 21 to the Finance Act 2014 (c. 26) and amended by paragraph 62 of Schedule 7 to the 2018 Act.

f4

Section 2 was amended by paragraph 6 of Schedule 2, and paragraph 1 of Part I(5) of Schedule 27, to the Finance Act 1998 (c. 36) and section 11(1) and (2) of the Finance Act 1999 (c. 16).

f5

“Vaping products duty” is defined in section 115(3) of the 2026 Act (excise duty: charge).

f6

“Duty stamp” is defined in section 120(4) of the 2026 Act (stamping of vaping products).

f7

Defined terms used within the definition of “duty suspension arrangement” were relevantly amended by S.I. 2019/13, 2019/474.

f8

1992 c. 48.

f9

S.I. 2010/593; relevant amending instruments are S.I. 2011/2225, 2019/13, 2019/474, 2025/96.

f10

Regulation 6 of HMDP 2010 was relevantly amended by S.I. 2019/13.

f11

“Vaping product” is defined in section 116(1) of the 2026 Act (vaping products).