- Statutory Instrument 2005 No. 443
The Trade in Goods (Control) (Amendment) Order 2005
© Crown Copyright 2005
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| Made | 2nd March 2005 | ||
| Laid before Parliament | 4th March 2005 | ||
| Coming into force | 28th March 2005 |
The Secretary of State in exercise of the powers conferred upon her by sections 4, 5 and 7 of the Export Control Act 2002[1] hereby makes the following Order:
1. This Order may be cited as the Trade in Goods (Control) (Amendment) Order 2005 and shall come into force on 28th March 2005.
2. The Trade in Goods (Control) Order 2003[2] shall be amended as set out in this Order.
3. In article 9, in both paragraphs (2) and (3), after the words "shall be guilty of an offence" there shall be added "and may be arrested".
4. In article 12 at the end there shall be added the following -
-
"
(4) Section 138 of the Customs and Excise Management Act 1979[3] (provision as to arrest of persons) shall apply to any person who has committed, or in respect of whom there are reasonable grounds to suspect of having committed, an offence for which he is liable to be arrested under article 9(2) or (3) of this Order as that section applies to the arrest of any person for offences for which he is liable to be arrested under the customs and excise Acts.
(5) Section 77A of the Customs and Excise Management Act 1979[4] (provision as to information powers) shall apply to any person concerned (in whatever capacity) in an activity requiring a licence under this Order as it applies to any person (in whatever capacity) who is concerned in exportation of goods for which an entry is required by or under that Act, and accordingly references in section 77A of the Customs and Excise Management Act 1979 to exportation shall be read as including any activity requiring a licence under this Order."
Nigel Griffiths
Parliamentary Under Secretary of State for Small Business and Enterprise, Department of Trade and Industry
2nd March 2005
(This note is not part of the Order)
This Order amends the Trade in Goods (Control) Order 2003 ("the 2003 Order").
It provides that the provisions relating to arrest of persons contained in section 138 of the Customs and Excise Management Act 1979 ("the 1979 Act") allowing the arrest by any customs officer or a member of Her Majesty's armed forces or coastguard apply to any person who has committed, or whom there are reasonable grounds to suspect of having committed an offence under article 9(2) or (3) of the 2003 Order.
The Order also provides that the provisions relating to customs officers' information gathering powers contained in section 77A of the 1979 Act apply to persons concerned in any activity requiring a licence under the 2003 Order.
A full regulatory impact assessment has not been produced for this instrument as it has no or minimal impact on the costs of business.
Notes:
[1] 2002 c. 28.back
[3] 1979 c.2. Section 138(1) was amended by the Police and Criminal Evidence Act 1984 (c. 60), sections 114 and 119 and Schedule 7, Part 1, and the Finance Act 1988 (c. 39), section 11; section 138(2) was amended by the Police and Criminal Evidence Act 1984 (c. 60), section 114(1) and Schedule 7, Part 1; section 138(3) was amended by the Police and Criminal Evidence Act 1984 (c.60), section 114(1); section 138(4) was substituted by the Police and Criminal Evidence Act 1984 (c.60) and amended by S.I. 1989/1341..back
[4] Section 77A inserted by section 10 of the Finance Act 1987 (c.16) and amended by S.I. 1992/3095.back
ISBN 0 11 072364 3