The Trade in Controlled Goods (Embargoed Destinations) (Amendment) Order 2005

Statutory Instruments

2005 No. 445

CUSTOMS AND EXCISE

The Trade in Controlled Goods (Embargoed Destinations) (Amendment) Order 2005

Made

2nd March 2005

Laid before Parliament

4th March 2005

Coming into force

28th March 2005

The Secretary of State in exercise of the powers conferred upon her by sections 4, 5 and 7 of the Export Control Act 2002(1) hereby makes the following Order:

1.  This Order may be cited as the Trade in Controlled Goods (Embargoed Destinations) (Amendment) Order 2005 and shall come into force on 28th March 2005.

2.  The Trade in Controlled Goods (Embargoed Destinations) Order 2004(2) shall be amended as set out in this Order.

3.  In article 11, at the end there shall be added the following—

“(4) Section 138 of the Customs and Excise Management Act 1979(3) (provision as to arrest of persons) shall apply to any person who has committed, or in respect of whom there are reasonable grounds to suspect of having committed, an offence for which he is liable to be arrested under article 8(2) of this Order as that section applies to the arrest of any person for offences for which he is liable to be arrested under the customs and excise Acts.

(5) Section 77A of the Customs and Excise Management Act 1979(4) (provision as to information powers) shall apply to any person concerned in an activity requiring a licence under this Order as it applies to any person who is concerned in exportation of goods for which an entry is required by or under that Act, and accordingly references in section 77A of the Customs and Excise Management Act 1979 to exportation shall be read as including any activity requiring a licence under this Order.”

Nigel Griffiths

Parliamentary Under Secretary of State for Small Business and Enterprise,

Department of Trade and Industry

2nd March 2005

Explanatory Note

(This note is not part of the Order)

This Order amends the Trade in Controlled Goods (Embargoed Destinations) Order 2004 (“the 2004 Order”).

It provides that the provisions relating to arrest of persons contained in section 138 of the Customs and Excise Management Act 1979 (“the 1979 Act”) allowing the arrest by any customs officer or a member of Her Majesty’s armed forces or coastguard apply to any person who has committed, or whom there are reasonable grounds to suspect of having committed an offence under article 8(2) of the 2004 Order.

The Order also provides that the provisions relating to customs officers' information gathering powers contained in section 77A of the 1979 Act apply to persons concerned in any activity requiring a licence under the 2004 Order.

A regulatory impact assessment has not been produced for this instrument as it has no or minimal impact on the costs of business.

(1)

2002 c. 28.

(2)

S.I.2004/318 as amended by S.I. 2004/1049, 2004/2471and 2005/232.

(3)

1979 c. 2. Section 138(1) was amended by the Police and Criminal Evidence Act 1984 (c. 60), sections 114 and 119 and Schedule 7, Part 1, and the Finance Act 1988 (c. 39), section 11; section 138(2) was amended by the Police and Criminal Evidence Act 1984 (c. 60), section 114(1) and Schedule 7, Part 1; section 138(3) was amended by the Police and Criminal Evidence Act 1984 (c. 60), section 114(1); section 138(4) was substituted by the Police and Criminal Evidence Act 1984 (c. 60) and amended by S.I. 1989/1341.

(4)

Section 77A was inserted by section 10 of the Finance Act 1987 (c. 16) and amended by S.I. 1992/3095.