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Customs and Excise Management Act 1979

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Changes over time for: Section 74

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Version Superseded: 13/09/2018

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Point in time view as at 01/07/2004. This version of this provision has been superseded. Help about Status

Changes to legislation:

Customs and Excise Management Act 1979, Section 74 is up to date with all changes known to be in force on or before 03 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

74 Offences in connection with carriage of goods coastwise.U.K.

(1)If in the case of any coasting ship—

(a)any goods are taken on board or removed therefrom at sea or at any place outside the United Kingdom; or

(b)except for some unavoidable cause, the ship touches at any place outside the United Kingdom or deviates from her voyage; or

(c)the ship touches at any place outside the United Kingdom and the master does not report that fact in writing to the proper officer at the first port at which the ship arrives thereafter,

the master of the ship shall be liable on summary conviction to a penalty of [F1level 3 on the standard scale].

(2)Any goods which are shipped and carried coastwise, or which, having been carried coastwise, are unloaded in any place in the United Kingdom, otherwise than in accordance with the provisions of sections 69 to 71 above or of any regulations made under section 73 above, or which are brought to any place for the purpose of being so shipped and carried coastwise, shall be liable to forfeiture.

(3)If any goods—

(a)are carried coastwise or shipped as stores in a coasting ship contrary to any prohibition or restriction for the time being in force with respect thereto under or by virtue of any enactment; or

(b)are brought to any place in the United Kingdom for the purpose of being so carried or shipped,

then those goods shall be liable to forfeiture and the shipper or intending shipper of the goods shall be liable on summary conviction to a penalty of [F1level 3 on the standard scale].

(4)In any case where a person would, apart from this subsection, be guilty of—

(a)an offence under subsection (3) above; and

(b)a corresponding offence under the enactment or other instrument imposing the prohibition or restriction in question, being an offence for which a fine or other penalty is expressly provided by that enactment or other instrument,

he shall not be guilty of the offence mentioned in paragraph (a) of this subsection.

[F2(5)References in this section to a place outside the United Kingdom do not include references to a place in the Isle of Man.]

Textual Amendments

F1Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) by S.I. 1984/703, (N.I. 3) arts. 5, 6

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