(1)The following provisions of this section shall have effect in relation to any goods which are deposited in a Queen’s warehouse under or by virtue of any provision of the Customs and Excise Acts 1979 [F1or Part 1 of the Taxation (Cross-border Trade) Act 2018].
(2)Such rent shall be payable while the goods are deposited as may be fixed by the Commissioners.
(3)If the goods are of a combustible or inflammable nature or otherwise of such a character as to require special care or treatment—
(a)they shall, in addition to any other charges payable thereon, be chargeble with such expenses for securing, watching and guarding them as the Commissioners see fit;
(b)neither the Commissioners nor any officer shall be liable to make good any damage which the goods may have sustained; and
(c)if the proprietor of the goods has not cleared them within a period of 14 days from the date of deposit, they may be sold by the Commissioners;
but, in the case of goods deposited by virtue of section 40(2) above, paragraph (c) above shall only apply if the goods are of a combustible or inflammable nature.
(4)Save as permitted by or under the Customs and Excise Acts 1979 [F2or Part 1 of the Taxation (Cross-border Trade) Act 2018], the goods shall not be removed from the warehouse until—
(a)any duty chargeable thereon [F3has been paid]; and
(b)any charges in respect thereof—
(i)for their removal to the warehouse, and
(ii)under subsections (2) and (3) above,
(c)the requirements made by or under Part 1 of the Taxation (Cross-border Trade) Act 2018 have been complied with.]
(5)The officer having the custody of the goods may refuse to allow them to be removed until it is shown to his satisfaction that any freight charges due thereon have been paid.
(6)If the goods are sold under or by virtue of any provision of the Customs and Excise Acts 1979 [F6or Part 1 of the Taxation (Cross-border Trade) Act 2018], the proceeds of sale shall be applied—
(a)first, in paying any duty chargeable on the goods;
(b)secondly, in defraying any such charges as are mentioned in subsection (4) above; and
(c)thirdly, in defraying any charges for freight;
and if the person who was immediately before the sale the proprietor of the goods makes application in that behalf the remainder, if any, shall be paid over to him.
(7)When the goods are authorised to be sold under or by virtue of any provision of the Customs and Excise Acts 1979 [F7or Part 1 of the Taxation (Cross-border Trade) Act 2018] but cannot be sold—
(a)if the goods are to be exported, for a sum sufficient to make the payment mentioned in paragraph (b) of subsection (6) above; or
(b)in any other case, for a sum sufficient to make the payments mentioned in paragraphs (a) and (b) of that subsection,
the Commissioners may destroy the goods.
Textual Amendments
F1Words in s. 99(1) inserted (13.9.2018 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(1)(a), Sch. 7 para. 87(2) (with savings and transitional provisions in S.I. 2020/1449, reg. 3 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(a)
F2Words in s. 99(4) inserted (13.9.2018 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(1)(a), Sch. 7 para. 87(3)(a) (with savings and transitional provisions in S.I. 2020/1449, reg. 3 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(a)
F3Words in s. 99(4)(a) inserted (13.9.2018 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(1)(a), Sch. 7 para. 87(3)(b) (with savings and transitional provisions in S.I. 2020/1449, reg. 3 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(a)
F4Words in s. 99(4) omitted (13.9.2018 for specified purposes, 31.12.2020 in so far as not already in force) by virtue of Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(1)(a), Sch. 7 para. 87(3)(c) (with savings and transitional provisions in S.I. 2020/1449, reg. 3 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(a)
F5S. 99(4)(c) and word inserted (13.9.2018 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(1)(a), Sch. 7 para. 87(3)(d) (with savings and transitional provisions in S.I. 2020/1449, reg. 3 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(a)
F6Words in s. 99(6) inserted (13.9.2018 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(1)(a), Sch. 7 para. 87(4) (with savings and transitional provisions in S.I. 2020/1449, reg. 3 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(a)
F7Words in s. 99(7) inserted (13.9.2018 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(1)(a), Sch. 7 para. 87(5) (with savings and transitional provisions in S.I. 2020/1449, reg. 3 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(a)
Modifications etc. (not altering text)
C1S. 99 modified by S.I. 1986/260, regs. 5(ij), 18
C2S. 99 applied (10.1.2012) by The Postal Packets (Revenue and Customs) Regulations 2011 (S.I. 2011/3036), regs. 1, 16 (with reg. 25)