58.—(1) Section 77A of CEMA M1 applies in relation to a person carrying on a relevant activity as it applies in relation to a person concerned in the importation or exportation of goods but as if—
(a)in subsection (1), the reference to a person concerned in the importation or exportation of goods for which for that purpose an entry is required by regulation 5 of the Customs Controls on Importation of Goods Regulations 1991 M2 or an entry or specification is required by or under CEMA were to a person carrying on a relevant activity;
(b)any other reference to importation or exportation were to a relevant activity;
(c)any other reference to goods were to the goods, technology, services or funds to which the relevant activity relates.
(2) For the purposes of paragraph (1), a “relevant activity” means an activity—
(a)which would, unless done under the authority of a trade licence, constitute a contravention of a prohibition in Part 5 (Trade), except any prohibition on imports or exports, or
(b)which would constitute a contravention of the prohibition in regulation 41 (circumventing etc. prohibitions).
Commencement Information
I1Reg. 58 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M1Section 77A was inserted by the Finance Act 1987 (c.16), section 10 and amended by S.I. 1992/3095.
M2S.I. 1991/2724 is amended by S.I. 1992/3095; S.I. 1993/3014; and S.I. 2011/1043 and it is prospectively revoked by S.I. 2018/1247.