s 18B Fiscally warehoused goods: relief.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Subsections (3) and (4) below ... apply where— (a) there is a supply of goods; (b) those goods are eligible goods; (c) either— (i) that supply takes place while the goods are subject to a fiscal warehousing regime; or (ii) after that supply but before the supply, if any, of those goods which next occurs, the person to whom the former supply is made causes the goods to be placed in a fiscal warehousing regime; (d) in a case falling within paragraph (c)(ii) above, the person to whom the supply is made gives the supplier, not later than the time of the supply, a certificate ... that he will cause paragraph (c)(ii) to be satisfied; and (e) the supply is not a retail transaction. (2A) A certificate under subsection ... (2)(d) must be in such form as may be specified by regulations or by the Commissioners in accordance with regulations. (3) The ... supply in question shall be treated for the purposes of this Act as taking place outside the United Kingdom if any subsequent supply of those goods is while they are subject to the fiscal warehousing regime. (4) Where subsection (3) does not apply and the ... supply in question falls, for the purposes of this Act, to be treated as taking place in the United Kingdom, that ... supply shall be treated for the purposes of this Act as taking place when the goods are removed from the fiscal warehousing regime. (5) VAT is chargeable on a supply made by a person who is not a taxable person, but who would be were it not for paragraph 1(9) of Schedule 1, where— (a) subsection (4) applies to that supply, and (b) that supply is taxable and not zero-rated. (6) In this section “ eligible goods ” means goods— (a) of a description falling within Schedule 5A, (b) in the case of imported goods— (i) upon which any import duty has been paid or deferred (by virtue of the customs and excise Acts or any subordinate legislation made under those Acts), and (ii) upon which any VAT chargeable under section 1(1)(c) has been paid, or deferred (by virtue of the customs and excise Acts or any subordinate legislation made under those Acts), and (c) in the case of goods subject to a duty of excise, upon which any excise duty has been paid or deferred under section 127A of the Management Act. (7) For the purposes of this section, apart from subsection (4), a supply shall be treated as taking place at the material time for the supply . (8) The Treasury may by order vary Schedule 5A by adding to or deleting from it any goods or varying any description of any goods.