Customs enforcement powers
46Power to enter premises and inspect goods
(1)Section 24 of FA 1994 (power to enter premises and inspect goods) is amended as follows.
(2)The existing text becomes subsection (1).
(3)In that subsection—
(a)at the beginning insert “This section applies”;
(b)omit the words after paragraph (b).
(4)After that subsection insert—
“(2)The officer may at any reasonable time enter and inspect the premises.
(3)The officer may inspect, examine and take account of any goods found on the premises.
(4)The officer may require a relevant person to provide any assistance that is reasonable for the purpose of exercising the power in subsection (3).
(5)For example, the officer may require a relevant person to move, open or unpack goods and containers.
(6)The officer may, for the purpose of exercising the power in subsection (3)—
(a)move, open, or unpack goods and containers;
(b)search containers and anything in them;
(c)mark goods and containers.
(7)The Commissioners are not to bear any costs incurred by a relevant person in complying with a requirement under subsection (4).
(8)But the Commissioners are to bear the costs of anything done by the officer under subsection (6).
(9)In this section “relevant person” means—
(a)the person to whom this Chapter applies;
(b)the occupier of the premises;
(c)a person who has (or appears to have) possession or control of the goods;
(d)a person who is (or appears to be) acting on behalf of a person within any of paragraphs (a) to (c).
(10)Section 159(2) of the Customs and Excise Management Act 1979 (examinations of goods to be at a place appointed by the Commissioners) does not apply to an examination under subsection (3).”
47Power to search vehicles or vessels
In section 163 of CEMA 1979 (power to search vehicles or vessels), after subsection (1) insert—
“(1A)The officer, constable or member may use reasonable force if necessary for the purpose of exercising the power in subsection (1).”