UK Offence Report

The Export (Penalty) Regulations 2003

UK Statutory Instrument 2003 No. 3102 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
2 December 2003
In force from
23 December 2003
Extent
Not stated
Subject
Corporate, financial services, company law, employment, charity, electoral and tax
Made under
European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which come into effect on 23rd December 2003, are made under section 2(2) of the European Communities Act 1972. They enable Customs to charge civil penalties for contraventions of customs rules relating to exports. Regulation 3 gives effect to the schedule. In that schedule; Column 1 specifies the customs rules where contravention incurs liability to a penalty, Column 2 specifies for each specified customs rule the person or persons who may be liable to a penalty, Column 3 specifies the maximum penalty that may be incurred for the contravention of each specified rule. Regulation 4 provides that there is no liability to penalty where a person has a reasonable excuse. Regulation 5 gives power to the Commissioners, or on appeal an appeal tribunal, to reduce a penalty. Regulation 6 provides for the issue of a demand notice and that the amount of penalty so demanded may be recovered as customs duty. Regulation 7 imposes a time bar of 3 years on the issue of a demand notice, or 2 years from the time when sufficient evidence came to the knowledge of the Commissioners. Regulation 8 provides that where a demand notice has been given, that person may not also be prosecuted in respect of the same conduct. Regulations 9 to 13 set out the arrangements for reviewing decisions and for appeals to tribunals. Regulation 14 sets out the arrangements for the service of notice.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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