PART 3Miscellaneous and final

Customs enforcement powers

46Power to enter premises and inspect goods

1

Section 24 of FA 1994 (power to enter premises and inspect goods) is amended as follows.

2

The existing text becomes subsection (1).

3

In that subsection—

a

at the beginning insert “ This section applies ”;

b

omit the words after paragraph (b).

4

After that subsection insert—

2

The officer may at any reasonable time enter and inspect the premises.

3

The officer may inspect, examine and take account of any goods found on the premises.

4

The officer may require a relevant person to provide any assistance that is reasonable for the purpose of exercising the power in subsection (3).

5

For example, the officer may require a relevant person to move, open or unpack goods and containers.

6

The officer may, for the purpose of exercising the power in subsection (3)—

a

move, open, or unpack goods and containers;

b

search containers and anything in them;

c

mark goods and containers.

7

The Commissioners are not to bear any costs incurred by a relevant person in complying with a requirement under subsection (4).

8

But the Commissioners are to bear the costs of anything done by the officer under subsection (6).

9

In this section “relevant person” means—

a

the person to whom this Chapter applies;

b

the occupier of the premises;

c

a person who has (or appears to have) possession or control of the goods;

d

a person who is (or appears to be) acting on behalf of a person within any of paragraphs (a) to (c).

10

Section 159(2) of the Customs and Excise Management Act 1979 (examinations of goods to be at a place appointed by the Commissioners) does not apply to an examination under subsection (3).