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The Controlled Drugs (Drug Precursors)(Community External Trade) Regulations 2008
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- UK Statutory Instruments
- 2008 No. 296
- Regulation 7
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Requirements, offences and penalties: importsU.K.
This section has no associated Explanatory Memorandum
7.—(1) An operator who is concerned in the import into the [F1United Kingdom] of a scheduled substance listed in Category 1 of the Annex to the Community Regulation shall ensure that he has a valid import authorisation for that import in accordance with Articles 20 to 25 of the Community Regulation.
(2) An operator who is concerned in the import into the [F2United Kingdom] of a scheduled substance listed in Category 1 of the Annex to the Community Regulation shall present the import authorisation obtained in accordance with Article 20 of the Community Regulation to the customs office when the scheduled substances are declared for a customs procedure in accordance with Article 22 of the Community Regulation.
(3) For the purposes of section 50(2) and (3)(1) of the 1979 Act (penalty for improper importation of goods) any scheduled substances shall be deemed to be imported contrary to a restriction for the time being in force with respect to it under these Regulations if it is imported without the requisite authorisation referred to in paragraph (1).
(4) Where a person is convicted of an offence, as a result of the application of paragraph (3), contrary to section 50(2) and (3) of the 1979 Act (penalty for improper importation of goods)—
(a)Section 50(4)(a)(2) of the 1979 Act shall have effect as if—
(i)after the word “greater” there is added the words “but not exceeding the statutory maximum”; and
(ii)for the words “6 months” there is substituted “3 months”;
(b)Section 50(4)(b) of the 1979 Act shall have effect as if for the words “7 years” there is substituted “2 years”.
(5) An operator who fails to comply with any requirement imposed by virtue of this regulation is guilty of an offence and liable to the penalties specified in regulation 9(2).
(6) For the purposes of this regulation section 45 of the Criminal Proceedings Etc. (Reform) (Scotland) Act 2007 shall not apply to section 50(4)(a) of the 1979 Act.
Textual Amendments
F1Words in reg. 7(1) substituted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 12(5); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 7(2) substituted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 12(5); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
(1)
Section 50(2) and (3) were amended by the Police and Criminal Evidence Act 1984 (c. 60), section 114(1).
(2)
Section 50(4) was amended by S.I. 1996/2686, regulation 4(1)(a) and by the Finance Act1988, section 12(1), (6).
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