These Regulations amend the Export (Penalty) Regulations 2003 (S.I. 2003/3102, “the 2003 Regulations”). The 2003 Regulations provide that, where a person of a prescribed description contravenes one of the rules listed in the Schedule, that person is liable to a penalty in the prescribed amount.

Regulation 3 removes the definition of “the Act” from regulation 2 of the 2003 Regulations, since that expression no longer appears in the remainder of the 2003 Regulations.

Regulation 4 removes the definition of “the Commissioners” from regulation 2 of the 2003 Regulations.

Regulation 5 substitutes “HMRC” for “the Commissioners” wherever that expression occurs in the 2003 Regulations, in order to produce consistency with the balance of the 2003 Regulations.

Regulation 6 substitutes the contents of the Schedule to the 2003 Regulations, disposing of those items which are redundant and amending the remainder so that they make more accurate reference to the relevant provisions. It also adds items concerning the requirements to provide and preserve relevant documents, together with such items as are rendered necessary by amendments to Council Regulation 2913/92/EEC (OJ No L 302, 19.10.92, p1) and Commission Regulation 2454/93/EEC (OJ No L 253, 11.10.93, p1).

A Tax Information and Impact Note covering this instrument has been published on the HMRC website at http://www.hmrc.gov.uk/thelibrary/tiins.htm.