The Customs (Contravention of a Relevant Rule) (Amendment) Regulations 2009

• Citation: S.I. 2009/3164
• Sections: 7

Section 1 Citation and Commencement

These Regulations may be cited as the Customs (Contravention of a Relevant Rule) (Amendment) Regulations 2009 and shall come into force on 24th December 2009.

Section 2 Amendment of the Customs (Contravention of a Relevant Rule) Regulations 2003

The Customs (Contravention of a Relevant Rule) Regulations 2003 are amended as follows.

Section 3 Amendment of the Customs (Contravention of a Relevant Rule) Regulations 2003

In regulation 2—

(a) for the definition of “Customs” substitute—

“ Customs ” means Her Majesty’s Revenue and Customs, the Secretary of State by whom customs functions are exercisable or the Director of Border Revenue;

(b) after the definition of “Customs” insert—

functions exercised under these Regulations by the Secretary of State by whom customs functions are exercisable are general customs functions in accordance with the Borders, Citizenship and Immigration Act 2009 and those exercised by the Director of Border Revenue are customs revenue functions in accordance with the same Act;

(c) delete the definition of “Customs authority of the United Kingdom” and delete the words—

for the purpose of the Code and the Implementing Regulation customs authority of the United Kingdom is one of the “customs authorities” defined in Article 4(3) with responsibility for inter alia applying customs rules within the territory of the United Kingdom;

(d) delete the definition of “the Transit Regulations”.

Section 4 Amendment of the Customs (Contravention of a Relevant Rule) Regulations 2003

In the Schedule, after the last entry under the heading Customs Declarations, insert the following—

Column 1

Description of Relevant Rule / Relevant Rule of a description

Column 2

Person of a description

Column 3

Penalty for contravention

Section 5 Amendment of the Customs (Contravention of a Relevant Rule) Regulations 2003

In the Schedule, for the entries under the heading “ Transit ” substitute—

Column 1

Description of a relevant Rule / Relevant Rule of a description

Column 2

Person of a description

Column 3

Penalty for contravention

The principal to the transit operation.

A carrier or recipient of goods who accepts the goods knowing they are moving under Community transit.

£2,500.

£2,500.

(b) observe the provisions relating to the Community transit procedure.

In the circumstances described

in Article 360(1)(a) to (e) (prescribed itinerary changed, seals broken, goods transferred to another means of transport, goods unloaded, or in the

event of some other incident or accident capable of affecting the ability of the principal or carrier to comply with his obligations), to make the

necessary entries in the transit accompanying document and present it with the consignment to the customs authorities of the Member State in whose territory the means of transport is located.

The principal.

The carrier.

£2,500.

£2,500.

The principal.

The consignee.

Section 6 Amendment of the Customs (Contravention of a Relevant Rule) Regulations 2003

In the Schedule, after the entries inserted by regulation 5 of these Regulations, insert—

Column 1

Description of a relevant Rule / Relevant Rule of a description

Column 2

Person of a description

Column 3

Penalty for contravention

Section 7 Amendment of the Customs (Contravention of a Relevant Rule) Regulations 2003

In the Schedule, for the entry relating to Preference beginning “Article 199 of the Implementing Regulation Section 167(3) of the Act Community international agreements according to preferential rates of duty”, substitute the following—

Column 1

Description of a relevant Rule / Relevant Rule of a description

Column 2

Person of a description

Column 3

Penalty for contravention

The declarant or representative lodging the proof of origin or equivalent declaration with Customs.