Part V Control of Exportation
Outward entry and clearance of ships, etc.
63 Entry outwards of exporting ships.
1
Where a ships is to load any goods at a port for exportation F9... or as stores for use on a voyage to an eventual destination outside F10the United Kingdom, the master of the ship shall, before any goods are taken on board that ship at that port, other than goods for exportation loaded in accordance with a stiffening order issued by the proper officer, deliver to the proper officer—
a
an entry outwards of the ship in such form and manner and containing such particulars as the Commissioners may direct; and
b
a certificate from the proper officer of the clearance inwards or coastwise of the ship of her last voyage with cargo; and
c
if the ship has already loaded goods at some other port for exportation or as stores for use as aforesaid or has been cleared in ballast from some other port, the clearance outwards of the ship from that other port.
2
If, on the arrival at any port of a ship carrying goods coastwise from one place in the United Kingdom to another such place, it is desired that the ship shall proceed with those goods or any of them to a place outside F11the United Kingdom, entry outwards shall be made of that ship (whether or not any other goods are to be loaded at that port) and of any of those goods which are duitable or restricted goods as if the goods were to be loaded for exportation at that port, but any such entry may, subject to such conditions as the Commissioners see fit to impose, be made without the goods being first discharged.
3
A ship may, subject to subsection (4) below, be entered outwards from a port under this section notwithstanding that before departing for any place outside the United Kingdom the ship is to go to another port.
4
A ship carrying cargo brought in that ship from some place outside the United Kingdom and intended to be discharged in the United Kingdom may only be entered outwards by virtue of subsection (3) above subject to such conditions as the Commissioners see fit to impose.
5
If, when a ship is required by this section to be entered outwards from any port, any goods are taken on board that ship at that port, except in accordance with such a stiffening order as is mentioned in subsection (1) above, before the ship is so entered, the goods shall be liable to forfeiture and the master of the ship shall be liable on summary conviction to a penalty of F1level 3 on the standard scale.
6
Where goods are taken on board a ship as mentioned in subsection (5) above or made waterborne for that purpose with fraudulent intent, any person concerned therein with knowledge of that intent may be detained and shall be liable—
a
b
on conviction on indictment, to a penalty of any amount, or to imprisonment for a term not exceeding F27 years, or to both.
F37
References in this section to a destination or place outside the United Kingdom F12... do not include references to a destination or place in the Isle of Man and in subsections (2) and (4) above references to a place in the United Kingdom and to discharge in the United Kingdom include references to a place in the Isle of Man and to discharge in the Island.
64 Clearance outwards of F25vehicles.
C1C51
F13No vehicle other than a road vehicle is to depart from the United Kingdom until clearance for departure has been obtained from the proper officer.
F241A
The Commissioners may by regulations make provision disapplying the requirement to obtain clearance in specified circumstances.
2
The Commissioners may give directions—
a
as to the procedure for obtaining clearance under this section;
b
as to the documents to be produced and the information to be furnished by any person applying for such clearance.
3
Where clearance is sought under this section for any ship which is in ballast or has on board no goods other than stores, the baggage of passengers carried in that ship, chalk, slate, or empty returned containers upon which no freight or profit is earned, the proper officer in granting clearance thereof shall, on the application of the master, clear the ship as in ballast.
4
Any officer may board any ship which is cleared outwards from a port at any time while the ship is F4in United Kingdom waters and require the production of the ship’s clearance, and if the master refuses to produce it or to answer such questions as the officer may put to him concerning the ship, cargo and intended voyage, he shall be liable on summary conviction to a penalty of F5level 1 on the standard scale.
5
Every ship departing from a port shall, if so required for the purpose of disembarking an officer or of further examination, bring to at the boarding station, and if any ship fails to comply with any such requirement the master shall be liable on summary conviction to a penalty of F5level 2 on the standard scale.
C26
C27
If, F17where any vehicle is required under this section to obtain clearance to depart the United Kingdom, any goods are loaded, or are waterborne for loading, into that vehicle before application for clearance has been made, the goods shall be liable to forfeiture and, where the loading or making waterborne is done with fraudulent intent, any person concerned therein with knowledge of that intent shall be guilty of an offence under this subsection and may be detained.
8
A person guilty of an offence under subsection (7) above shall be liable—
a
b
on conviction on indictment, to a penalty of any amount, or to imprisonment for a term not exceeding 2 years, or to both.
C365 Power to refuse or cancel clearance of F26vehicle.
C41
For the purpose of the detention thereof in pursuance of any power or duty conferred or imposed by or under any enactment, or for the purpose of securing compliance with any provision of the Customs and Excise Acts 1979 F18or Part 1 of the Taxation (Cross-border Trade) Act 2018 or of any other enactment or of any instrument made thereunder, being a provision relating to the importation or exportation of goods—
a
the proper officer may at any time refuse clearance of any F19vehicle required to obtain clearance to depart the United Kingdom,; and
b
F20where clearance has been given in respect of a vehicle, any officer may at any time cancel the clearance before the vehicle has departed from the United Kingdom.
C42
F21Any cancellation may be made orally, electronically or otherwise in writing, and if made in writing (but not electronically) may be served on the vehicle operator—
a
by delivering it to him personally; or
b
by leaving it at his last known place of abode; or
c
by leaving it on board the F22vehicle with the person appearing to be in charge or command thereof.
3
F23Where a clearance is cancelled, it forthwith becomes void.