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Finance (No. 2) Act 2023

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318Discharging goods from free-circulation procedure subject to guaranteeU.K.

(1)In paragraph 17 of Schedule 1 to TCTA 2018 (releasing and discharging goods to and from Customs procedures), after sub-paragraph (5) insert—

(5A)Sub-paragraph (5B) applies where—

(a)goods are declared for the free-circulation procedure, but

(b)it is impracticable to immediately ascertain the amount of import duty (if any) payable in respect of the goods.

(5B)The discharge of goods from the free-circulation procedure in accordance with sub-paragraph (4) may, if HMRC think fit, be subject to an approved guarantee being given in respect of any liability or potential liability to import duty in respect of the goods.

(2)In CEMA 1979, omit section 119 (delivery of imported goods on giving of security for duty).

(3)The amendments made by subsections (1) and (2) have effect in relation to goods in respect of which a Customs declaration is accepted, for the purposes of TCTA 2018, on or after the day on which this Act is passed (and subsection (2) does not affect the application of section 119 of CEMA 1979 in relation to goods in respect of which a Customs declaration is accepted before that day).

(4)In Schedule 7 to TCTA 2018 (import duty: consequential amendments), omit paragraph 90.

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