UK Offence Report

The Customs Disclosure of Information and Miscellaneous Amendments Regulations 2012

UK Statutory Instrument 2012 No. 1848 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
12 July 2012
In force from
10 August 2012
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
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.

Part 2 of these Regulations creates an offence of the unauthorised disclosure of customs information which has been disclosed by a specified person listed in regulation 3(2) to a market surveillance authority under Article 27(2) of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ No L128, 13.8.2008 p30). Article 27(2) requires bodies in charge of external border controls and market surveillance authorities in a member State to share information with each other. Regulation 3 provides that it is an offence if a recipient of the information discloses it otherwise than for the purposes of market surveillance in respect of a product. Regulation 5 requires the Secretary of State to review the operation and effect of regulations 2 to 4 and publish a report within five years after they come into force and within every five years after that. Following each review it will fall to the Secretary of State to consider whether those regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke those regulations or to amend them. Part 3 makes minor amendments to the General Product Safety Regulations 2005, the Personal Protective Equipment Regulations 2002, and the Electromagnetic Compatibility Regulations 2006. It also amends the Pyrotechnic Articles (Safety) Regulations 2010 to remove offences of supplying to countries outside the United Kingdom pyrotechnic articles that are permitted to be supplied in the United Kingdom for a transitional period. No impact assessment has been produced because these Regulations will have no effect on the costs of business and the voluntary sector. The Regulations are published with the Explanatory Memorandum on www.legislation.gov.uk.

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.

Check the source