PART 3Fulfilment businesses

I148Carrying on a third country goods fulfilment business

1

For the purposes of this Part a person carries on a third country goods fulfilment business if the person, by way of business—

a

stores third country goods which are owned by a person who is not established in a Member State, or

b

stores third country goods on behalf of a person who is not established in a Member State,

at a time when the conditions in subsection (2) are met in relation to the goods.

2

The conditions are that—

a

there has been no supply of the goods in the United Kingdom for the purposes of VATA 1994, and

b

the goods are being offered for sale in the United Kingdom or elsewhere.

3

But a person does not carry on a third country goods fulfilment business if the person's activities within subsection (1) are incidental to the carriage of the goods.

4

Goods are “third country” goods if they have been imported from a place outside the Member States within the meaning of section 15 of VATA 1994.

5

Whether a person is established in a Member State is to be determined in accordance with Article 10 of Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax.

Annotations:
Commencement Information
I1

Pt. 3: s. 48 in force at Royal Assent for specified purposes, see s. 59(1)(a)

I249Requirement for approval

1

A person may not carry on a third country goods fulfilment business otherwise than in accordance with an approval given by the Commissioners under this section.

2

The Commissioners may approve a person to carry on a third country goods fulfilment business only if they are satisfied that the person is a fit and proper person to carry on the business.

3

The Commissioners may approve a person to carry on a third country goods fulfilment business for such periods and subject to such conditions or restrictions as they may think fit or as they may by regulations made by them prescribe.

4

The Commissioners may at any time for reasonable cause vary the terms of, or revoke, an approval under this section.

5

In this Part “approved person” means a person approved under this section to carry on a third country goods fulfilment business.

Annotations:
Commencement Information
I2

Pt. 3: s. 49 in force at Royal Assent for specified purposes, see s. 59(1)(a)

I350Register of approved persons

1

The Commissioners must maintain a register of approved persons.

2

The register is to contain such information relating to approved persons as the Commissioners consider appropriate.

3

The Commissioners may make publicly available such information contained in the register as they consider necessary to enable those who deal with a person who carries on a third country goods fulfilment business to determine whether the person in question is an approved person in relation to that activity.

4

The information may be made available by such means (including the internet) as the Commissioners consider appropriate.

Annotations:
Commencement Information
I3

Pt. 3: s. 50 in force at Royal Assent for specified purposes, see s. 59(1)(a)

I451Regulations relating to approval, registration etc.

1

The Commissioners may by regulations make provision—

a

regulating the approval and registration of persons under this Part,

b

regulating the variation or revocation of any such approval or registration, or of any condition or restriction to which such an approval or registration is subject,

c

about the register maintained under section 50,

d

regulating the carrying on of a third country goods fulfilment business, and

e

imposing obligations on approved persons.

2

The regulations may, in particular, make provision—

a

requiring applications, and other communications with the Commissioners, to be made electronically;

b

as to the procedure for the approval and registration of bodies corporate which are members of the same group;

c

requiring approved persons to keep and make available for inspection such records as may be prescribed by or under the regulations.

Annotations:
Commencement Information
I4

Pt. 3: s. 51 in force at Royal Assent for specified purposes, see s. 59(1)(a)

I552Disclosure of information by HMRC

1

The Commissioners may disclose to an approved person information held by Her Majesty's Revenue and Customs in connection with a function of Her Majesty's Revenue and Customs, but only for the purpose mentioned in subsection (2).

2

The purpose is to assist the approved person in complying with obligations imposed on that person by virtue of section 51.

3

An approved person to whom information is disclosed under subsection (1)—

a

may use the information only for the purpose of complying with obligations imposed on that person by virtue of section 51, and

b

may not further disclose the information except with the consent of the Commissioners.

4

Section 19 of the Commissioners for Revenue and Customs Act 2005 (offence) applies to a disclosure in contravention of subsection (3)(b) as it applies to a disclosure, in contravention of section 20(9) of that Act, of revenue and customs information relating to a person whose identity is specified in the disclosure or can be deduced from it.

Annotations:
Commencement Information
I5

Pt. 3: s. 52 in force at Royal Assent for specified purposes, see s. 59(1)(a)

I653Offence

1

A person who—

a

carries on a third country goods fulfilment business, and

b

is not an approved person,

commits an offence.

2

In proceedings for an offence under subsection (1) it is a defence to show that the person did not know, and had no reasonable grounds to suspect, that the person—

a

was carrying on a third country goods fulfilment business, or

b

was not an approved person.

3

A person is taken to have shown the fact mentioned in subsection (2) if—

a

sufficient evidence of that fact is adduced to raise an issue with respect to it, and

b

the contrary is not proved beyond reasonable doubt.

4

A person guilty of an offence under this section is liable on summary conviction—

a

in England and Wales, to imprisonment for a term not exceeding 12 months, or a fine, or both;

b

in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

c

in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.

5

A person guilty of an offence under this section is liable on conviction on indictment to—

a

imprisonment for a period not exceeding 7 years,

b

a fine, or

c

both.

6

In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 the reference in subsection (4)(a) to 12 months is to be read as a reference to 6 months.

Annotations:
Commencement Information
I6

Pt. 3: s. 53 in force at Royal Assent for specified purposes, see s. 59(1)(a)

I754Forfeiture

1

If a person—

a

carries on a third country goods fulfilment business, and

b

is not an approved person,

any goods within subsection (2) are liable to forfeiture under CEMA 1979.

2

Goods are within this subsection if—

a

they are stored by the person, and

b

their storage by the person constitutes, or has constituted, the carrying on of a third country goods fulfilment business by the person.

Annotations:
Commencement Information
I7

Pt. 3: s. 54 in force at Royal Assent for specified purposes, see s. 59(1)(a)

I855Penalties

1

Schedule 13 provides for a penalty to be payable by a person who carries on a third country goods fulfilment business and is not an approved person.

2

The Commissioners may make regulations (“penalty regulations”) imposing a penalty for the contravention of—

a

any condition or restriction imposed under this Part;

b

regulations under this Part.

3

The amount of a penalty imposed by the penalty regulations is to be specified in the regulations, but must not exceed £3,000.

4

The penalty regulations may make provision for the assessment and recovery of a penalty imposed by the regulations.

5

The Commissioners may by regulations make provision for corporate bodies which are members of the same group to be jointly and severally liable for any penalties imposed under—

a

Schedule 13;

b

penalty regulations.

Annotations:
Commencement Information
I8

Pt. 3: s. 55 in force at Royal Assent for specified purposes, see s. 59(1)(a)

I956Appeals

1

FA 1994 is amended as follows.

2

In section 13A(2) (customs and excise reviews and appeals: relevant decisions) after paragraph (gb) insert—

gc

any decision by HMRC that a person is liable to a penalty, or as to the amount of a person's liability, under—

i

regulations under section 55 of the Finance (No. 2) Act 2017, or

ii

Schedule 13 to that Act;

3

In Schedule 5 to that Act (decisions subject to review and appeal) after paragraph 9A insert—

9BThe Finance (No. 2) Act 2017

Any decision for the purposes of Part 3 of the Finance (No. 2) Act 2017 (third country goods fulfilment businesses) as to—

a

whether or not, and in which respects, any person is to be, or to continue to be, approved and registered, or

b

the conditions or restrictions subject to which any person is approved and registered.

Annotations:
Commencement Information
I9

Pt. 3: s. 56 in force at Royal Assent for specified purposes, see s. 59(1)(a)

I1057Regulations

1

Regulations under this Part may—

a

make provision which applies generally or only for specified cases or purposes;

b

make different provision for different cases or purposes;

c

include incidental, consequential, transitional or transitory provision;

d

confer a discretion on the Commissioners;

e

make provision by reference to a notice to be published by the Commissioners.

2

Regulations under this Part are to be made by statutory instrument.

3

A statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of the House of Commons.

4

This section does not apply to regulations under section 59 (commencement).

Annotations:
Commencement Information
I10

Pt. 3: s. 57 in force at Royal Assent for specified purposes, see s. 59(1)(a)

I1158Interpretation

1

In this Part—

  • approved person” has the meaning given by section 49(5);

  • the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs.

2

For the purposes of this Part two or more bodies corporate are members of a group if—

a

one of them controls each of the others,

b

one person (whether a body corporate or an individual) controls all of them, or

c

two or more individuals carrying on a business in partnership control all of them.

3

A body corporate is to be taken to control another body corporate if—

a

it is empowered by or under legislation to control that body's activities, or

b

it is that body's holding company within the meaning of section 1159 of, and Schedule 6 to, the Companies Act 2006.

4

An individual or individuals are to be taken to control a body corporate if the individual or individuals (were the individual or individuals a company) would be that body's holding company within the meaning of section 1159 of, and Schedule 6 to, the Companies Act 2006.

Annotations:
Commencement Information
I11

Pt. 3: s. 58 in force for at Royal Assent for specified purposes, see s. 59(1)(a)

I1259Commencement

1

This Part comes into force—

a

so far as it confers powers to make regulations, on the day on which this Act is passed, and

b

for all other purposes, on such day as the Commissioners may by regulations made by statutory instrument appoint.

2

Regulations under subsection (1)(b) may appoint different days for different purposes.