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Customs and Excise Management Act 1979

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Change 1

What to do with it
As published

35 Report inwards.

(1) Report shall be made in such form and manner and containing such particulars as the Commissioners may direct of every vehicle to which this section applies . . . . (2) This section applies to every ship arriving , or expected to arrive, at a port— (a) from any place outside the United Kingdom; or (b) carrying any goods brought in that ship from some place outside the United Kingdom which have not yet been declared for a Customs procedure. (3) This section applies to every aircraft arriving , or expected to arrive, at any place in the United Kingdom— (a) from any place or area outside the United Kingdom; or (b) carrying passengers or goods taken on board that aircraft at a place outside the United Kingdom, being passengers or goods either— (i) bound for a destination in the United Kingdom without yet having made a Customs declaration; or (ii) bound for a destination outside the United Kingdom. (3A) This section applies to every vehicle (other than a ship or aircraft) arriving, or expected to arrive, at any place in the United Kingdom— (a) from any place outside the United Kingdom; or (b) carrying any goods brought in the vehicle from a place outside the United Kingdom which have not yet been declared for a Customs procedure. (4) The Commissioners may make regulations prescribing the procedure for making report under this section. (5) If the person by whom the report should be made fails to make report as required by or under this section— (a) he shall be liable on summary conviction to a penalty of level 3 on the standard scale; and (b) any goods required to be reported which are not duly reported may be detained by any officer until so reported or until the omission is explained to the satisfaction of the Commissioners, and may in the meantime be deposited in a Queen’s warehouse. (6) The person making the report shall at the time of making it answer all such questions relating to the vehicle, to the goods carried therein, to the crew and to the voyage, flight, or journey as may be put to him by the proper officer; and if he refuses to answer he shall be liable on summary conviction to a penalty of level 3 on the standard scale. (7) If at any time after a vehicle carrying goods brought therein from any place outside the United Kingdom arrives in the United Kingdom, or in or over United Kingdom waters, . . . and before report has been made in accordance with this section— (a) bulk is broken; or (b) any alteration is made in the stowage of any goods carried so as to facilitate the unloading of any part thereof before due report has been made; or (c) any part of the goods is staved, destroyed or thrown overboard or any container is opened, and the matter is not explained to the satisfaction of the Commissioners, the vehicle operator . . . shall be liable on summary conviction to a penalty of level 3 on the standard scale. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) References in this section and in section 35A to a place, area or destination outside the United Kingdom do not include referenes to a place, area or destination in the Isle of Man and in subsection (3)(b)(i) above the reference to a destination in the United Kingdom includes a reference to a destination in the Isle of Man.

Your change, as a redline

35 Report inwards.

(1) Report shall be made in such form and manner and containing such particulars as the Commissioners may direct of every vehicle to which this section applies . . . . (2) This section applies to every ship arriving , or expected to arrive, at a port— (a) from any place outside the United Kingdom; or (b) carrying any goods brought in that ship from some place outside the United Kingdom which have not yet been declared for a Customs procedure. (3) This section applies to every aircraft arriving , or expected to arrive, at any place in the United Kingdom— (a) from any place or area outside the United Kingdom; or (b) carrying passengers or goods taken on board that aircraft at a place outside the United Kingdom, being passengers or goods either— (i) bound for a destination in the United Kingdom without yet having made a Customs declaration; or (ii) bound for a destination outside the United Kingdom. (3A) This section applies to every vehicle (other than a ship or aircraft) arriving, or expected to arrive, at any place in the United Kingdom— (a) from any place outside the United Kingdom; or (b) carrying any goods brought in the vehicle from a place outside the United Kingdom which have not yet been declared for a Customs procedure. (4) The Commissioners may make regulations prescribing the procedure for making report under this section. (5) If the person by whom the report should be made fails to make report as required by or under this section— (a) he shall be liable on summary conviction to a penalty of level 3 on the standard scale; and (b) any goods required to be reported which are not duly reported may be detained by any officer until so reported or until the omission is explained to the satisfaction of the Commissioners, and may in the meantime be deposited in a Queen’s warehouse. (6) The person making the report shall at the time of making it answer all such questions relating to the vehicle, to the goods carried therein, to the crew and to the voyage, flight, or journey as may be put to him by the proper officer; and if he refuses to answer he shall be liable on summary conviction to a penalty of level 3 on the standard scale. (7) If at any time after a vehicle carrying goods brought therein from any place outside the United Kingdom arrives in the United Kingdom, or in or over United Kingdom waters, . . . and before report has been made in accordance with this section— (a) bulk is broken; or (b) any alteration is made in the stowage of any goods carried so as to facilitate the unloading of any part thereof before due report has been made; or (c) any part of the goods is staved, destroyed or thrown overboard or any container is opened, and the matter is not explained to the satisfaction of the Commissioners, the vehicle operator . . . shall be liable on summary conviction to a penalty of level 3 on the standard scale. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) References in this section and in section 35A to a place, area or destination outside the United Kingdom do not include referenes to a place, area or destination in the Isle of Man and in subsection (3)(b)(i) above the reference to a destination in the United Kingdom includes a reference to a destination in the Isle of Man.

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