Statutory Instruments

1988 No. 1772

CUSTOMS AND EXCISE

The Foreign Prison-made Goods Act 1897 (Amendment) Regulations 1988

Made

17th October 1988

Laid before Parliament

20th October 1988

Coming into force

10th November 1988

The Secretary of State, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the control of the import and export of goods, in exercise of the powers conferred by that section hereby makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Foreign Prison-made Goods Act 1897 (Amendment) Regulations 1988 and shall come into force on 10th November 1988.

Amendment of the Foreign Prison-made Goods Act 1897:

2.  The Foreign Prison-made Goods Act 1897(3) shall be amended as follows: —

(a)by adding at the end of section 1 the following words “or originating or in free circulation in another member State”;

(b)by the insertion after section 1 of the following section:—

“Interpretation. 1A. Any question under section 1 whether goods originate or are in free circulation in another member State shall be determined in accordance with the Treaties”.

Alan Clark

Minister for Trade,

Department of Trade and Industry

17th October 1988

Explanatory Note

(This note is not part of the Regulations)

The Regulations amend the Foreign Prison-made Goods Act 1897 to accord with Article 30 of the EEC Treaty. Article 30 prohibits quantitative restrictions on imports of goods from other Member States and all measures having equivalent effect. Prison-made goods originating or in free circulation in another Member State are expressly removed from the prohibition in section 1 of the 1897 Act.

(3)

1897 c. 63, as amended by the Customs and Excise Management Act 1979 (c. 2), Sch. 4, para. 1 and para. 12, Table, Pt. I.