Modifications etc. (not altering text)
C1Pt. 9 modified (2.1.2019) by The Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018 (S.I. 2018/1249), regs. 1(3)(c), 3 (with reg. 8)
C2Pt. 9 applied (with modifications) (22.2.2019 for specified purposes) by The Customs (Export) (EU Exit) Regulations 2019 (S.I. 2019/108), regs. 1(3)(d), 59(1)
C3Pt. 9 modified (1.10.2020 for specified purposes, 31.12.2020 in so far as not already in force) by The Customs (Bulk Customs Declaration and Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/967), regs. 1(2)(4)(b), 3(2); S.I. 2020/1643, reg. 2, Sch.
C4Pt. 9 modified (31.12.2020) by The Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018 (S.I. 2018/1249), regs. 1(2), 42(4); S.I. 2020/1643, reg. 2, Sch.
C5Pts. 1-10 applied (with modifications) (31.12.2020) by The Customs (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1605), regs. 1(1), 32; S.I. 2020/1643, reg. 2, Sch.
C6Pt. 9 applied (with modifications) (22.2.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Customs (Export) (EU Exit) Regulations 2019 (S.I. 2019/108), regs. 1(3)(d), 59(1); S.I. 2020/1643, reg. 2, Sch.
86.—(1) A person may not make an application for approval if—
(a)the application is in respect of the same matter as a previous approval;
(b)notice was given as provided by section 23(5)(d) of the Act that the previous approval [F1is treated] as if it had never been granted; and
(c)the application is made within a period of three years [F2from the date] the notice.
(2) Except as provided by paragraph (3), a person may not make an application for approval if—
(a)the application is in respect of the same matter as a previous approval;
(b)the previous approval was revoked for failure to comply with the conditions of the approval; and
(c)the application is made within a period of one year [F3from the date] of the revocation.
(3) A person may not make an application for authorisation as an authorised economic operator if—
(a)a previous authorisation as an authorised economic operator was revoked for failure to comply with the conditions of the authorisation; and
(b)the application is made within a period of three years [F4from the date] of the revocation[F5.]
(4) For the purposes of this regulation—
(a)references to an approval or authorisation include an approval or authorisation—
(i)granted before [F6IP completion day] under the EU Customs Code; or
(ii)treated as valid under Article 251 of the Delegated Regulation,
which corresponds to an approval which may be granted under these Regulations and, in relation to such an approval or authorisation, [F7reference to conditions] of the approval or the authorisation includes conditions specified in the EU Customs Code or in the Regulations referred to in Article 251 of the Delegated Regulation; and
(b)a reference to a notice given under section 23(5)(d) of the Act includes a reference to a notification of an annulment of a decision under Article 27 of the UCC [F8where the holder of the decision was notified of the annulment under Article 27(2) of the UCC before IP completion day].
Textual Amendments
F1Words in reg. 86(1)(b) substituted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 6(21)(a); S.I. 2020/1643, reg. 2, Sch.
F2Words in reg. 86(1)(c) substituted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 6(21)(b); S.I. 2020/1643, reg. 2, Sch.
F3Words in reg. 86(2)(c) substituted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 6(21)(b); S.I. 2020/1643, reg. 2, Sch.
F4Words in reg. 86(3)(b) substituted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 6(21)(b); S.I. 2020/1643, reg. 2, Sch.
F5Reg. 86(3)(b) full-stop inserted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 6(21)(c); S.I. 2020/1643, reg. 2, Sch.
F6Words in reg. 86(4)(a)(i) substituted (31.12.2020) by The Customs (Transitional) (EU Exit) Regulations 2020 (S.I. 2020/1449), regs. 1(2), 11(4); S.I. 2020/1643, reg. 2, Sch.
F7Words in reg. 86(4)(a) substituted (31.12.2020) by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 (S.I. 2019/486), regs. 1(3), 6(21)(d); S.I. 2020/1643, reg. 2, Sch.
F8Words in reg. 86(4)(b) inserted (31.12.2020) by The Customs (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1605), regs. 1(1), 37(6); S.I. 2020/1643, reg. 2, Sch.
Modifications etc. (not altering text)
C7Regs. 85-91 applied (31.12.2020) by The Customs (Reliefs from a Liability to Import Duty and Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1431), regs. 1, 8; S.I. 2020/1643, reg. 2, Sch.
Commencement Information
I1Reg. 86 in force at 2.1.2019 for specified purposes, see reg. 1(4)(c)
I2Reg. 86 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1643, reg. 2, Sch.