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Taxation (Cross-border Trade) Act 2018

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 13(1)(c) and word inserted by 2023 c. 30 Sch. 20 para. 1(2)(b)
  • Sch. 7 para. 158(2)(e)(f) inserted by S.I. 2022/109 reg. 5(3)(c) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)

PART 3U.K.Amendments of other enactments

Customs and Excise Duties (General Reliefs) Act 1979U.K.

118U.K.The Customs and Excise Duties (General Reliefs) Act 1979 is amended as follows.

Commencement Information

I1Sch. 7 para. 118 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I2Sch. 7 para. 118 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

119U.K.Omit section 1 (reliefs from customs duty for conformity with EU obligations and other international obligations, etc) and the italic heading before it.

Commencement Information

I3Sch. 7 para. 119 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I4Sch. 7 para. 119 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

120U.K.Omit section 2 (reliefs from customs duty referable to Community practices).

Commencement Information

I5Sch. 7 para. 120 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I6Sch. 7 para. 120 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

121U.K.Omit section 3 (power to exempt particular importations of certain goods from customs duty).

Commencement Information

I7Sch. 7 para. 121 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I8Sch. 7 para. 121 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

122U.K.Omit section 4 (administration of reliefs under section 1 and administration or implementation of similar Community reliefs).

Commencement Information

I9Sch. 7 para. 122 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I10Sch. 7 para. 122 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

123U.K.Omit section 5 (relief from customs duty of certain goods from Channel Islands) and the italic heading before it.

Commencement Information

I11Sch. 7 para. 123 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I12Sch. 7 para. 123 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

124U.K.In the italic heading before section 7, omit “miscellaneous” and “customs and”.

Commencement Information

I13Sch. 7 para. 124 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I14Sch. 7 para. 124 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

125(1)Section 7 (power to provide for reliefs from duty and value added tax in respect of imported legacies) is amended as follows.U.K.

(2)In subsection (1), after “reliefs from” insert “ excise ”.

(3)In subsection (2)—

(a)after “payment of” insert “ excise ”, and

(b)after “by way of” insert “ excise ”.

(4)Omit subsection (3).

(5)In subsection (4)(a), omit “or any Community relief”.

(6)In subsection (5)—

(a)omit the definition of “Community relief”, and

(b)for the definition of “duty” substitute—

excise duty” means any duty of excise chargeable on goods and includes any addition to the duty by virtue of section 1 of the Excise Duties (Surcharges or Rebates) Act 1979;.

(7)In the heading, after “reliefs from” insert “ excise ”.

Commencement Information

I15Sch. 7 para. 125 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I16Sch. 7 para. 125 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

126U.K.In section 8 (relief from customs or excise duty on trade samples, labels, etc)—

(a)in the opening words, omit “customs or”, and

(b)in the heading, omit “customs or”.

Commencement Information

I17Sch. 7 para. 126 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I18Sch. 7 para. 126 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

127U.K.In section 9 (relief from customs or excise duty on antiques, prizes, etc)—

(a)in the opening words, omit “customs or”, and

(b)in the heading, omit “customs or”.

Commencement Information

I19Sch. 7 para. 127 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I20Sch. 7 para. 127 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

128U.K.Omit the italic heading before section 10.

Commencement Information

I21Sch. 7 para. 128 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I22Sch. 7 para. 128 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

129U.K.In section 11 (relief from excise duty on certain foreign goods re-imported), in subsection (2), for “were entered for transit or transhipment” substitute “ were declared for a transit procedure under Part 1 of the Taxation (Cross-border Trade) Act 2018 ”.

Commencement Information

I23Sch. 7 para. 129 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I24Sch. 7 para. 129 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

130U.K.In section 12 (supply of duty-free goods to Her Majesty's ships), omit subsection (6).

Commencement Information

I25Sch. 7 para. 130 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I26Sch. 7 para. 130 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

131(1)Section 13 (power to provide, in relation to persons entering the United Kingdom, for reliefs from duty and value added tax and for simplified computation of duty and tax) is amended as follows.U.K.

(2)In subsection (1)—

(a)after “reliefs from” insert “ excise ”,

(b)after “payment of” insert “ excise ”, and

(c)after “by way of” insert “ excise ”.

(3)Omit subsection (1A).

(4)In subsection (2)—

(a)after “by way of” insert “ excise ”, and

(b)after “elect that” insert “ excise ”.

(5)In subsection (3)—

(a)in paragraph (a), omit “, or any Community relief”, and

(b)in paragraph (b), after “relieved from” insert “ excise ”.

(6)In subsection (3B)(b), after “any” insert “ excise ”.

(7)In subsection (4)—

(a)omit the definition of “Community relief”, and

(b)for the definition of “duty” substitute—

excise duty” means any duty of excise chargeable on goods and includes any addition to excise duty by virtue of section 1 of the Excise Duties (Surcharges or Rebates) Act 1979;.

(8)In the heading—

(a)after “reliefs from” insert “ excise ”, and

(b)after “computation of” insert “ excise ”.

Commencement Information

I27Sch. 7 para. 131 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I28Sch. 7 para. 131 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

132(1)Section 13A (reliefs from duties and taxes for persons enjoying certain immunities and privileges) is amended as follows.U.K.

(2)In subsection (1), for “duties of customs or excise,” substitute “ any relevant levy, any duty of excise, ”.

(3)In subsection (3)(a), for “any duty of customs or excise,” substitute “ any relevant levy, any duty of excise, ”.

(4)In subsection (6), for “ “duty of customs” includes” substitute “ “relevant levy” means ”.

Commencement Information

I29Sch. 7 para. 132 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I30Sch. 7 para. 132 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

133U.K.In section 13B (persons to whom section 13A applies), omit subsection (1)(c).

Commencement Information

I31Sch. 7 para. 133 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I32Sch. 7 para. 133 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

134U.K.In section 13C (offence where relieved goods used, etc, in breach of condition), in subsection (1)(a), for “any duty of customs or excise,” substitute “ any relevant levy, any duty of excise, ”.

Commencement Information

I33Sch. 7 para. 134 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I34Sch. 7 para. 134 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

135U.K.Omit section 14 (produce of the sea or continental shelf) and the italic heading before it.

Commencement Information

I35Sch. 7 para. 135 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I36Sch. 7 para. 135 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

136(1)Section 15 (false statements etc in connection with reliefs from customs duties) is amended as follows.U.K.

(2)In subsection (1)—

(a)in paragraph (a), for “customs duty under section 1 or 3 above or under an EU instrument; or” substitute “ import duty under regulations made under section 19 of the Taxation (Cross-border Trade) Act 2018, ”

(b)omit paragraph (b), and

(c)in the words after that paragraph, for “section 1, 3 or 4 above or an EU instrument” substitute “ Part 1 of that Act ”.

Commencement Information

I37Sch. 7 para. 136 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I38Sch. 7 para. 136 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

137U.K.Omit section 16 (annual reports to Parliament).

Commencement Information

I39Sch. 7 para. 137 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I40Sch. 7 para. 137 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

138(1)Section 17 (orders and regulations) is amended as follows.U.K.

(2)In subsection (2)—

(a)omit “2 or”, and

(b)omit the words from “except where,” to the end of the subsection.

(3)In subsection (3)—

(a)omit “1, 4”, and

(b)omit “or regulations under section 14(3) above”.

(4)In subsection (4)—

(a)omit “Subject to subsection (5) below”,

(b)omit “1, 4,”, and

(c)after “relief from” insert “ excise ”.

(5)Omit subsection (5).

Commencement Information

I41Sch. 7 para. 138 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I42Sch. 7 para. 138 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

Isle of Man Act 1979U.K.

139U.K.The Isle of Man Act 1979 is amended as follows.

Commencement Information

I43Sch. 7 para. 139 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I44Sch. 7 para. 139 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

140U.K.In section 8 (removal of goods from Isle of Man to United Kingdom), for subsection (3) substitute—

(3)The goods referred to in subsection (2)(a) above do not include goods which have been wholly or partly relieved from duty under, or which are not subject to duty by virtue of, any Isle of Man equivalent to—

(a)provision made under section 19 of the Taxation (Cross-border Trade) Act 2018 relating to any relief conferred on persons entering the United Kingdom or under section 13 of the Customs and Excise Duties (General Reliefs) Act 1979, or

(b)the temporary admission procedure under Part 1 of the Taxation (Cross-border Trade) Act 2018.

(3A)Where there are conditions which apply in connection with the goods being relieved from duty or not being subject to duty, the customs and excise Acts shall apply to the goods as if they were imported into the United Kingdom when they were imported into the Isle of Man and as if corresponding conditions apply to the goods under, or by virtue of, those Acts.

Commencement Information

I45Sch. 7 para. 140 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I46Sch. 7 para. 140 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

141U.K.In section 9 (removal of goods from United Kingdom to Isle of Man), in subsection (5), for “or under any EU instrument” substitute “ or section 19 of the Taxation (Cross-border Trade) Act 2018 ”.

Commencement Information

I47Sch. 7 para. 141 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I48Sch. 7 para. 141 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

Finance Act 1994U.K.

142U.K.The Finance Act 1994 is amended as follows.

Commencement Information

I49Sch. 7 para. 142 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I50Sch. 7 para. 142 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

143U.K.In section 16 (appeals to tribunal), omit subsections (11) and (12).

Commencement Information

I51Sch. 7 para. 143 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I52Sch. 7 para. 143 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

144U.K.In section 17 (interpretation), in subsection (2)—

(a)omit the definition of “the Community Customs Code”, and

(b)in the definition of “relevant duty”, for “means any EU customs duty” substitute “ means any customs duty ”.

Commencement Information

I53Sch. 7 para. 144 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I54Sch. 7 para. 144 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

145(1)Schedule 5 (decisions subject to review and appeal) is amended as follows.U.K.

(2)For the italic heading before paragraph 1 substitute “ Taxation (Cross-border Trade) Act 2018 ”.

(3)In paragraph 1—

(a)in the opening words, from “, so far as” to “implementing that Code,” substitute “so far as they are made under any provision made by or under Part 1 of the Taxation (Cross-border Trade) Act 2018,”,

(b)in paragraph (a), for “transhipment” substitute “ transit ”,

(c)after paragraph (a) insert—

(aa)any decision as to whether or not consent to the amendment or withdrawal of any Customs or other declaration is to be given;,

(d)for paragraph (e) substitute—

(e)any decision, in any particular case, as to whether or not any licence, authorisation or approval is to be granted to any person (whether in respect of any premises, place or area or anything else);,

(e)for paragraph (j) substitute—

(j)any decision, in any particular case, as to whether or not a fee is to be charged to any person under regulations made under section 27 of the Taxation (Cross-border Trade) Act 2018 or as to the amount of any such fee;,

(f)in paragraph (m), for “security”, in both places, substitute “ security or other guarantee ”, and

(g)in paragraph (n)—

(i)omit “customs duty or”, and

(ii)omit the words from “or to do any other thing” to the end,

(h)after paragraph (n) insert—

(na)any decision as to the time at which or the period within which any obligation to pay any customs duty or to do any other thing required or authorised as a result of provision made by or under Part 1 of the Taxation (Cross-border Trade) Act 2018 is to be complied with;, and

(i)in paragraph (o)—

(i)for “varied or revoked” substitute “ varied, suspended or revoked ”, and

(ii)at the end insert “ , and a decision as to whether or not a licence, authorisation or approval is to be suspended or revoked or the terms of a licence, authorisation or approval are to be varied ”.

(4)In paragraph 2(1)—

(a)for paragraph (a) substitute—

(a)any decision made under any regulations under section 20, 22 or 25 (approved wharf, examination station or temporary storage facility)—

(i)as to whether or not a mandatory condition is met; or

(ii)as to whether or not a discretionary condition is to be imposed, the terms of a discretionary condition or whether or not a discretionary condition is met;

and any reference to a mandatory condition is to a condition within subsection (1A)(a) of section 20, 22 or 25 and any reference to a discretionary condition is to a condition within subsection (1A)(b) of that section;,

(b)after paragraph (g) insert—

(ga)any decision consisting in the imposition of a requirement by virtue of subsection (3A) of section 33 or as to what is or is not to be approved for the purposes of paragraph (a) of that subsection;, and

(c)omit paragraphs (j) and (k).

Commencement Information

I55Sch. 7 para. 145 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I56Sch. 7 para. 145 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

Terrorism Act 2000U.K.

146[F1(1)]In Schedule 7 to the Terrorism Act 2000 (port and border controls), in paragraph 9—U.K.

(a)in sub-paragraph (2C)(c), for “transit shed” substitute “ temporary storage facility ”,

(b)in sub-paragraph (3)(d), for “ “transit shed”” substitute “ “temporary storage facility” ”, and

(c)in sub-paragraph (4)(d), for “transit shed” substitute “ temporary storage facility ”.

[F2(2)Where the provisions of CEMA 1979 relating to transit sheds continue to have effect for any purpose (see paragraph 158), the provision amended by sub-paragraph (1) continues to have effect, for that purpose, as if the amendments made by that sub-paragraph were not made.]

Textual Amendments

F1Sch. 7 para. 146 renumbered as Sch. 7 para. 146(1) (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 10(3)(a) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9

F2Sch. 7 para. 146(2) inserted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 10(3)(b) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9

Commencement Information

I57Sch. 7 para. 146 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I58Sch. 7 para. 146 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

Finance Act 2003U.K.

147U.K.Part 3 of the Finance Act 2003 (taxes and duties on importation and exportation: penalties) is amended as follows.

Commencement Information

I59Sch. 7 para. 147 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I60Sch. 7 para. 147 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

148(1)Section 24 (introductory) is amended as follows.U.K.

(2)In subsection (2), omit paragraphs (b), (c) and (e).

(3)In subsection (3), omit the definitions of “the European Union Customs Code”, “Community export duty”, “Community import duty”, “customs duty of a preferential tariff country” and “preferential tariff country”.

(4)Omit subsections (4) to (6).

Commencement Information

I61Sch. 7 para. 148 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I62Sch. 7 para. 148 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

149U.K.In section 25 (penalty for evasion), omit subsection (3).

Commencement Information

I63Sch. 7 para. 149 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I64Sch. 7 para. 149 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

150(1)Section 26 (penalty for contravention of relevant rule) is amended as follows.U.K.

(2)After subsection (5) insert—

(5A)Where the conduct constituting a contravention of a relevant rule is a contravention of a condition imposed under regulations under section 20(1A), 22(1A) or 25(1A) of the Customs and Excise Management Act 1979—

(a)the Treasury may by regulations provide that, in prescribed circumstances, there are to be deemed for the purposes of subsection (1) of this section to be further separate contraventions of the rule, and

(b)the provision that may be made by the regulations includes provision replicating or applying, with or without modifications, any provision made by section 20A(1A) or (1B), 22A(1A) or (1B) or 25A(1A) or (1B) of the Customs and Excise Management Act 1979.

(3)In subsection (8)—

(a)before paragraph (a) insert—

(za)Part 1 [F3and sections 40A and 40B] of the Taxation (Cross-border Trade) Act 2018, as [F4they apply] in relation to the relevant tax or duty;, and

(b)omit paragraphs (c) and (e).

(4)In subsection (9)—

(a)omit the definition of “Community customs rules”, and

(b)in the definition of “relevant international rules”, omit paragraph (b) (together with the “or” before it).

Textual Amendments

F3Words in Sch. 7 para. 150(3)(a) inserted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 10(4)(a) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9

F4Words in Sch. 7 para. 150(3)(a) substituted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 10(4)(b) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9

Commencement Information

I65Sch. 7 para. 150 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I66Sch. 7 para. 150 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

151U.K.In section 32 (no prosecution after demand notice for penalty under section 26)—

(a)the existing text becomes subsection (1), and

(b)after that subsection insert—

(2)Nothing in subsection (1) prevents the bringing of proceedings against a person for an offence under section 20A(1A), 22A(1A) or 25A(1A) of the Customs and Excise Management Act 1979 in circumstances where it is alleged that the person is liable to a penalty of an enhanced amount.

Commencement Information

I67Sch. 7 para. 151 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I68Sch. 7 para. 151 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

152U.K.In section 38 (admissibility of certain statements and documents), omit subsection (3).

Commencement Information

I69Sch. 7 para. 152 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I70Sch. 7 para. 152 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

Income Tax (Trading and Other Income) Act 2005U.K.

153U.K.The Income Tax (Trading and Other Income) Act 2005 is amended as follows.

Commencement Information

I71Sch. 7 para. 153 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I72Sch. 7 para. 153 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

154U.K.In section 54 (trading income: penalties, interest and VAT surcharges), in subsection (2), in the entry relating to a penalty under section 25 or 26 of the Finance Act 2003, for “Customs, export and import duties” substitute “ Customs duties ”.

Commencement Information

I73Sch. 7 para. 154 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I74Sch. 7 para. 154 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

155U.K.In section 869 (general calculation rules, etc: penalties, interest and VAT surcharges), in subsection (4), in the entry relating to a penalty under section 25 or 26 of the Finance Act 2003, for “Customs, export and import duties” substitute “ Customs duties ”.

Commencement Information

I75Sch. 7 para. 155 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I76Sch. 7 para. 155 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

Borders, Citizenship and Immigration Act 2009U.K.

156(1)Section 7 of the Borders, Citizenship and Immigration Act 2009 (customs revenue functions of the Director) is amended as follows.U.K.

[F5(2)In subsection (2)—

(a)in paragraph (b), for “of Council Regulation (EC) No 384/96, as amended from time to time” substitute “ it has in Union customs legislation ”;

(b)in paragraph (c) for “of Council Regulation (EC) No 2026/97, as amended from time to time” substitute “ it has in Union customs legislation ”.]

(3)In subsection (7)—

(a)at the end of paragraph (aa) omit “and”, and

(b)after paragraph (aa) insert—

(ab)Part 1 [F6and sections 40A and 40B] of the Taxation (Cross-border Trade) Act 2018, and.

[F7(4)In subsection (9), in paragraph (c), for “EU law” substitute “ retained EU law, or Union customs legislation, ”.

(5)After that subsection insert—

(10)In this section “Union customs legislation” has the meaning it has in Part 1 of the Taxation (Cross-border Trade) Act 2018.]

Textual Amendments

F5Sch. 7 para. 156(2) substituted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 10(5)(a) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9

F6Words in Sch. 7 para. 156(3)(b) inserted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 10(5)(b) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9

F7Sch. 7 para. 156(4)(5) substituted for Sch. 7 para. 156(4) (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 10(5)(c) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9

Commencement Information

I77Sch. 7 para. 156 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I78Sch. 7 para. 156 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

Corporation Tax Act 2009U.K.

157U.K.In section 1303 of the Corporation Tax Act 2009 (general calculation rules, etc: penalties, interest and VAT surcharges), in subsection (2), in the entry relating to a penalty under section 25 or 26 of the Finance Act 2003, for “Customs, export and import duties” substitute “ Customs duties ”.

Commencement Information

I79Sch. 7 para. 157 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I80Sch. 7 para. 157 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)

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