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5. In regulation 3—
(a)in paragraph (1)—
(i)in the opening words, after “supplied in” insert “any part of”,
(ii)in sub-paragraphs (a)(i) and (ii)—
(aa)after “consumption in” insert “any part of”,
(bb)for “travel retail sector of the United Kingdom” substitute “travel retail sector”,
(iii)in the full-out words, after “supply in” insert “any part of”,
(b)for paragraph (2) substitute—
“(2) In the case of a cross-border distance sale of a product, the product is to be treated for the purposes of these Regulations—
(a)where the consumer is located in Great Britain, as supplied and presented for retail sale in Great Britain;
(b)where the consumer is located in Northern Ireland, as supplied and presented for retail sale in Northern Ireland.
(3) In this regulation, cross-border distance sale” means—
(a)in relation to Great Britain, a distance sale to a consumer (“C”) where, at the time C orders a product from a retailer, C is located in Great Britain and the retailer is established outside Great Britain;
(b)in relation to Northern Ireland, a distance sale to a consumer (“C”) where, at the time C orders a product from a retailer, C is located in Northern Ireland and the retailer is established outside Northern Ireland.”.
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