The Control of Movement of Goods Regulations 1984

Statutory Instruments

1984 No. 1176

CUSTOMS AND EXCISE

The Control of Movement of Goods Regulations 1984

Made

1st August 1984

Laid before Parliament

3rd August 1984

Coming into Operation

6th August 1984

The Commissioners of Customs and Excise, in exercise of the powers conferred upon them by section 31 of the Customs and Excise Management Act 1979(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:—

Citation and Commencement U.K.

1.  These Regulations may be cited as the Control of Movement of Goods Regulations 1984 and shall come into operation on 6th August 1984. U.K.

Commencement Information

I1 Reg. 1 in force at 6.8.1984, see reg. 1

Revocation U.K.

2.  The Control of Movement of Goods Regulations 1981 are hereby revoked. U.K.

Commencement Information

I2 Reg. 2 in force at 6.8.1984, see reg. 1

Interpretation U.K.

3.  In these Regulations— U.K.

“the Act” means the Customs and Excise Management Act 1979;

“approved place” —

(a)

in relation to imported goods means a place approved by the Commissioners under section 20 or 25 of the Act for [F1 facilitating the administration, collection or enforcement of any duty of customs], and

(b)

in relation to goods intended for export means a place appointed under section 159 of the Act for the examination of goods which is approved by the Commissioners under section 31 of the Act for the examination of such goods before their movement to a place of exportation;

“the loader” [F2 means] the owner of the [F3 vehicle] in which the goods are to be exported or a person appointed by him;

“place of importation” and “place of exportation” shall, where appropriate, include a free zone;

“removal” means a movement of goods which is authorised under these Regulations and “remove” and “removed” shall be construed accordingly;

“removal document” means a document to be obtained from or approved by the Commissioners made in such form and containing such particulars as the Commissioners may direct under section 31(2A) of the Act and for the purpose of regulation 16 shall include a copy of the application referred to in regulations 5 F4 ... and 7 stamped by the proper officer.

Textual Amendments

F1 Words in reg. 3 substituted (31.12.2020) by The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1247), regs. 1(2), 5(2)(a); S.I. 2020/1643, reg. 2, Sch.

F2 Words in reg. 3 substituted (31.12.2020) by The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1247), regs. 1(2), 5(2)(b)(i); S.I. 2020/1643, reg. 2, Sch.

F3 Word in reg. 3 substituted (31.12.2020) by The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1247), regs. 1(2), 5(2)(b)(ii); S.I. 2020/1643, reg. 2, Sch.

F4 Word in reg. 3 omitted (31.12.2020) by virtue of The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 4(2); S.I. 2020/1643, reg. 2, Sch.

Commencement Information

I3 Reg. 3 in force at 6.8.1984, see reg. 1

4.—(1) These Regulations shall not apply where any goods are moved under the [F5 common transit procedure as defined in paragraph 1(2) of Schedule 1 to the Customs Transit Procedures (EU Exit) Regulations 2018]. U.K.

(2) The application of regulations 11 and 13 of these Regulations to goods carried under the provisions of an international convention having effect in the United Kingdom shall be without prejudice to any such provisions.

Textual Amendments

F5 Words in reg. 4(1) substituted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 4(3); S.I. 2020/1643, reg. 2, Sch.

Commencement Information

I4 Reg. 4 in force at 6.8.1984, see reg. 1

Restrictions on the movement of goods U.K.

5.  Subject to regulation 10, no imported goods [F6 subject to the control of any officer of Revenue and Customs as a result of Part 1 of the Taxation (Cross-border Trade) Act 2018] shall be moved between their place of importation and F7 ... an approved place F8 ... unless the movement is authorised by the proper officer upon application made to him. U.K.

Textual Amendments

F6 Words in reg. 5 substituted (31.12.2020) by The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1247), regs. 1(2), 5(3)(a); S.I. 2020/1643, reg. 2, Sch.

F7 Word in reg. 5 omitted (31.12.2020) by virtue of The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1247), regs. 1(2), 5(3)(b); S.I. 2020/1643, reg. 2, Sch.

F8 Words in reg. 5 omitted (31.12.2020) by virtue of The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1247), regs. 1(2), 5(3)(c) (as amended by S.I. 2019/1215, regs. 1(2), 10(3)(b)); S.I. 2020/1643, reg. 2, Sch.

Commencement Information

I5 Reg. 5 in force at 6.8.1984, see reg. 1

F9 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F9 Reg. 6 omitted (31.12.2020) by virtue of The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1247), regs. 1(2), 5(4); S.I. 2020/1643, reg. 2, Sch.

7.  Subject to regulations 9 and 10, no goods intended for export and made available at [F10 an appropriate place as required by regulation 40 of the Customs (Export) (EU Exit) Regulations 2019] for the purposes of examination shall be moved between any such place and a place of exportation unless the movement is authorised by the proper officer upon application made to him. U.K.

Textual Amendments

F10 Words in reg. 7 substituted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 4(4); S.I. 2020/1643, reg. 2, Sch.

Commencement Information

I6 Reg. 7 in force at 6.8.1984, see reg. 1

8.  Save as the Commissioners may otherwise allow, the applications referred to in regulations 5 F11 ... and 7 above shall be made in [F12 an electronic form specified in a public notice given by HMRC Commissioners] and shall be made— U.K.

(a) F13 ... by the importer or the person in charge of the goods[F14 . ]

(b) in the case of goods intended for export, by the exporter or the person in charge of the goods, and

F15 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Word in reg. 8 omitted (31.12.2020) by virtue of The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1247), regs. 1(2), 5(5)(a); S.I. 2020/1643, reg. 2, Sch.

F12 Words in reg. 8 substituted (31.12.2020) by The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1247), regs. 1(2), 5(5)(b); S.I. 2020/1643, reg. 2, Sch.

F13 Words in reg. 8(a) omitted (31.12.2020) by virtue of The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1247), regs. 1(2), 5(5)(c); S.I. 2020/1643, reg. 2, Sch.

F14 Reg. 8(a): full stop substituted for comma (31.12.2020) by The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1247), regs. 1(2), 5(5)(c); S.I. 2020/1643, reg. 2, Sch.

F15 Reg. 8(c) omitted (31.12.2020) by virtue of The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1247), regs. 1(2), 5(5)(d) (as amended by S.I. 2019/486, regs. 1(2), 5); S.I. 2020/1643, reg. 2, Sch.

Commencement Information

I7 Reg. 8 in force at 6.8.1984, see reg. 1

Local export control U.K.

F16 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F16 Reg. 9 omitted (31.12.2020) by virtue of The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1247), regs. 1(2), 5(6); S.I. 2020/1643, reg. 2, Sch.

Standing permission to remove U.K.

10.  Where the Commissioners so permit, during a period specified by them, goods may be moved as contemplated in regulations 5 F17 ... and 7 without an application to the proper officer; and, unless the proper officer previously gives or refuses his authority, it shall be deemed to be given immediately before the movement commences. U.K.

Textual Amendments

F17 Word in reg. 10 omitted (31.12.2020) by virtue of The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1247), regs. 1(2), 5(7); S.I. 2020/1643, reg. 2, Sch.

Commencement Information

I8 Reg. 10 in force at 6.8.1984, see reg. 1

Requirement for removal document U.K.

11.  Before any removal commences the person by whom, or on whose behalf, the goods are being moved shall be in possession of a removal document. U.K.

Commencement Information

I9 Reg. 11 in force at 6.8.1984, see reg. 1

Specification of vehicles etc U.K.

12.—(1) The Commissioners may, in respect of any class or description of goods, require that vehicles or containers in which goods of a particular class or description are removed shall be of a type specified by them for the removal of such goods. U.K.

(2) Save as provided by paragraph (3) below, no person shall remove any goods in respect of which a requirement under paragraph (1) above has been imposed unless the vehicles or container in which they are carried conforms to such requirement.

(3) The proper officer, upon application made to him by the person in charge of goods to be removed, may for the purposes of the removal in question relax any requirement imposed under paragraph (1) above.

Commencement Information

I10 Reg. 12 in force at 6.8.1984, see reg. 1

Specification of routes U.K.

13.  Vehicles and containers proceeding under a removal shall be moved by such routes as the Commissioners may specify. U.K.

Commencement Information

I11 Reg. 13 in force at 6.8.1984, see reg. 1

Security of goods, vehicles and containers U.K.

14.—(1) Before any goods are removed they or the vehicle or container carrying them shall be secured or identified by any such seals, locks or marks as the Commissioners may specify. U.K.

(2) Where in the United Kingdom, seals, locks or marks are affixed for any customs or excise purpose in order to secure or identify the goods to be removed or the vehicles or containers carrying the goods, they shall be so affixed by the proper officer or by such other person as the Commissioners may authorise.

Commencement Information

I12 Reg. 14 in force at 6.8.1984, see reg. 1

15.—(1) Save in the circumstances hereunder mentioned, no person shall at any time during a removal— U.K.

(a) wilfully break, open or remove any seal, lock or mark affixed for any customs or excise purpose on any goods or to a vehicle or container; or

(b) load or unload or assist in the loading or unloading of a vehicle or container.

(2) The circumstances referred to in paragraph (1) above are—

(a) where authorisation has been given by the proper officer; or

(b) in accordance with any general or special permission given by the Commissioners; or

(c) in an emergency in order to safeguard the goods or to protect life or property.

Commencement Information

I13 Reg. 15 in force at 6.8.1984, see reg. 1

Completion of removals, time limits and accidents U.K.

16.—(1) Save as the Commissioners otherwise allow, the person in charge of goods proceeding under a removal shall complete the removal by producing the goods, together with the vehicle or container in which they are carried if such vehicle or container has been secured or identified, and delivering a removal document to the proper officer at the approved place or, in the case of goods intended for export, at the place of exportation. U.K.

(2) The Commissioners may allow the removal of goods intended for export to be completed by the person in charge of the goods placing them, together with any container in which they are carried if such container has been secured or identified, under the control of the loader and delivering the removal document to him.

Commencement Information

I14 Reg. 16 in force at 6.8.1984, see reg. 1

17.  The person in charge of goods proceeding under a removal shall complete the removal within such period as the Commissioners may specify. U.K.

Commencement Information

I15 Reg. 17 in force at 6.8.1984, see reg. 1

18.  Where as a result of an accident or other occurrence arising during a removal a vehicle or container is delayed or diverted from a specified route the person in charge of the goods shall as soon as practicable give sufficient notification of the accident or occurrence as required by the Commissioners to the local office of customs and excise. U.K.

Commencement Information

I16 Reg. 18 in force at 6.8.1984, see reg. 1

N. Godfrey

Commissioner of Customs and Excise

King's Beam House, Mark Lane

London, EC3 7HE

EXPLANATORY NOTE

These Regulations re-enact, with modifications described below, the Control of Movement of Goods Regulations 1981 and lay down the procedure for the movement within the United Kingdom of—

(1) imported goods which are to be cleared at an approved place other than at their port of importation or place of landing or be delivered to a free zone;

(2) goods in transit through the United Kingdom;

(3) goods for exportation which are made available for customs examination prior to their movement to the port or place of exportation at a place approved for such examination or at a place designated by a customs officer; and

(4) goods between a free zone and a place approved by the Commissioners for the clearance out of charge of such goods; such a place and a free zone or between one free zone and another.

The modifications:—

(a) provide for the procedures prescribed by the Control of Movement of Goods Regulations 1981 to be extended to the movement of goods into, from and between free zones;

(b) provide for the sealing of goods as an alternative to the sealing of the vehicle or container in which they are carried; and

(c) clarify certain details of procedure.

The Regulations do not affect goods moving to or from bonded warehouses, licensed or registered factories or goods moving under the Community transit procedures.

(1)

, as amended by the Finance Act 1981 (c. 35), Schedule 7 and the Finance Act 1984 (c. 43),Schedule 4,Part II,paragraph 2.