Tobacco Products Duty Act 1979
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Change 1
7A Duty not to facilitate smuggling
(1) A manufacturer of cigarettes or hand-rolling tobacco shall so far as is reasonably practicable avoid— (a) supplying cigarettes or hand-rolling tobacco to persons who are likely to smuggle them into the United Kingdom, (b) supplying cigarettes or hand-rolling tobacco where the nature or circumstances of the supply makes it likely that they will be resupplied to persons who are likely to smuggle them into the United Kingdom, or (c) otherwise facilitating the smuggling into the United Kingdom of cigarettes or hand-rolling tobacco. (2) In particular, a manufacturer— (a) in supplying cigarettes or hand-rolling tobacco to persons carrying on business in or in relation to a country other than the United Kingdom, shall consider whether the size or nature of the supply suggests that the products may be required for smuggling into the United Kingdom, (b) shall maintain a written policy about steps to be taken for the purpose of complying with the duty under subsection (1), and (c) shall provide a copy of the policy to the Commissioners on request. (3) In this section a reference to smuggling products into the United Kingdom is a reference to importing them into the United Kingdom without payment of duty which is— (a) chargeable under section 2, and (b) payable by virtue of section 1(1) of the Finance (No. 2) Act 1992 (c. 48) (power to fix excise duty point). (4) The Commissioners may notify a manufacturer in writing that they think the risk of smuggling into the United Kingdom is particularly great in relation to— (a) products marketed under a specified brand name; (b) products supplied to persons carrying on business in or in relation to a specified country or place. (5) The Commissioners may by notice in writing require a manufacturer of cigarettes or hand-rolling tobacco to provide, within a specified period of time, specified information about— (a) supply of products marketed under a brand name specified under subsection (4)(a); (b) supply to persons carrying on business in or in relation to a country or place specified under subsection (4)(b); (c) demand for cigarettes or hand-rolling tobacco in a country or place specified under subsection (4)(b). (6) The Commissioners may issue guidance about the content of policies under subsection (2)(b). (7) The Commissioners may make regulations— (a) under which they are required to notify manufacturers of cigarettes or hand-rolling tobacco where products of a kind specified in the regulations are seized under section 139 of the Customs and Excise Management Act 1979 (c. 2) in circumstances specified in the regulations, (b) specifying the procedure for notification, (c) including provision about access to seized products for the purpose of determining who manufactured them, and (d) requiring manufacturers to provide the Commissioners with information or documents, of a kind specified in the regulations or determined by the Commissioners, in relation to notified seizures.
7A Duty not to facilitate smuggling
(1) A manufacturer of cigarettes or hand-rolling tobacco shall so far as is reasonably practicable avoid— (a) supplying cigarettes or hand-rolling tobacco to persons who are likely to smuggle them into the United Kingdom, (b) supplying cigarettes or hand-rolling tobacco where the nature or circumstances of the supply makes it likely that they will be resupplied to persons who are likely to smuggle them into the United Kingdom, or (c) otherwise facilitating the smuggling into the United Kingdom of cigarettes or hand-rolling tobacco. (2) In particular, a manufacturer— (a) in supplying cigarettes or hand-rolling tobacco to persons carrying on business in or in relation to a country other than the United Kingdom, shall consider whether the size or nature of the supply suggests that the products may be required for smuggling into the United Kingdom, (b) shall maintain a written policy about steps to be taken for the purpose of complying with the duty under subsection (1), and (c) shall provide a copy of the policy to the Commissioners on request. (3) In this section a reference to smuggling products into the United Kingdom is a reference to importing them into the United Kingdom without payment of duty which is— (a) chargeable under section 2, and (b) payable by virtue of section 1(1) of the Finance (No. 2) Act 1992 (c. 48) (power to fix excise duty point). (4) The Commissioners may notify a manufacturer in writing that they think the risk of smuggling into the United Kingdom is particularly great in relation to— (a) products marketed under a specified brand name; (b) products supplied to persons carrying on business in or in relation to a specified country or place. (5) The Commissioners may by notice in writing require a manufacturer of cigarettes or hand-rolling tobacco to provide, within a specified period of time, specified information about— (a) supply of products marketed under a brand name specified under subsection (4)(a); (b) supply to persons carrying on business in or in relation to a country or place specified under subsection (4)(b); (c) demand for cigarettes or hand-rolling tobacco in a country or place specified under subsection (4)(b). (6) The Commissioners may issue guidance about the content of policies under subsection (2)(b). (7) The Commissioners may make regulations— (a) under which they are required to notify manufacturers of cigarettes or hand-rolling tobacco where products of a kind specified in the regulations are seized under section 139 of the Customs and Excise Management Act 1979 (c. 2) in circumstances specified in the regulations, (b) specifying the procedure for notification, (c) including provision about access to seized products for the purpose of determining who manufactured them, and (d) requiring manufacturers to provide the Commissioners with information or documents, of a kind specified in the regulations or determined by the Commissioners, in relation to notified seizures.
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